Ruling Affirmed: Florida Fifth District Court of Appeal (Medical Malpractice)

Miami Partner Mary Street recently prevailed in an appellate matter in Florida’s Fifth District Court of Appeal, affirming a defense verdict obtained by Jacksonville Partners Rick Ramsey and Kyle Leigh Schmitt, Esq. in Flagler County, Florida.

The underlying case was a medical malpractice matter against three physicians alleging the failure to diagnose and treat the aspiration of an iron pill. Despite a contentious trial in which Plaintiff’s counsel raised a 𝘋𝘢𝘶𝘣𝘦𝘳𝘵 challenge to a defense causation expert, Rick and Kyle obtained a defense verdict in July 2024.

After Plaintiff’s Motion for New Trial was denied, she appealed to Florida’s Fifth DCA. She argued that the trial court erred by denying her pretrial motion for summary judgment, by allowing a defense expert to recreate an iron pill aspiration and use a simulation as a basis of her causation opinion at trial, and denying Plaintiff’s request for a 𝘝𝘢𝘭𝘤𝘪𝘯 instruction.

Plaintiff’s Initial Appeal was filed in February 2025, and our Answer Brief followed in July 2025. Almost a year later, in late June 2026, the Fifth DCA issued a Per Curiam Affirmance of the trial court’s rulings and granted our motion for appellate attorney’s fees. This result triggers a Proposal for Settlement, and our client will now seek fees and costs through the trial and the appeal.

Congratulations Mary, Rick, and Kyle on this excellent result.