Attorneys: John Floyd, Sr., John Floyd Jr.

This case arose from the defense of an orthodontist who allegedly negligently extracted the teeth of a minor child and failed to provide informed consent, resulting in need for dental implants and jaw surgery. Plaintiff had two subsequent treating providers testify against Defendant, but the jury still returned a complete defense verdict.

Attorneys: Teresita M. Baron, Maxwell J. Levine

Plaintiff alleged that our client, an orthopedic surgeon and upper extremity specialist, negligently performed surgery when he repaired Plaintiff’s severely comminuted distal radius fracture with a volar plate and screws. The Plaintiff alleged that our client improperly placed screws into the intra-articular joint space, and improperly set the wrist at the wrong angle, which necessitated a second surgery by a subsequent treating hand surgeon to remove the plate and screws and set the wrist at the proper angle. Plaintiff demanded almost $890,000, but the jury returned a defense verdict.

Attorneys: Richards “Dick” Ford, Patrick L. Mixson

The Plaintiff, the Estate of [the Decedent], claimed on behalf of his surviving spouse that the 57-year-old decedent died from a pulmonary embolism two days after an arthroscopic meniscectomy surgery performed by our client, an orthopedic surgeon, in December 2014. The Plaintiff claimed that our client failed to recognize that the patient was at high risk for deep vein thrombosis and pulmonary embolism after the procedure and should have received medication for prophylactic anticoagulation following the surgery. The Plaintiff relied upon the opinions of an orthopedic surgery expert for both standard of care and causation claims. The Defendants presented the testimony of an orthopedic surgery expert and hematology expert, both of whom rejected the notion that the patient was at high risk for DVT. The defense’s orthopedic surgery expert testified that it was not the standard of care to provide prophylactic anticoagulation medication. The Defendants’ hematology expert testified that the medication, if given, would not have prevented the Plaintiff’s death. The jury returned a defense verdict after seven days in trial.

Attorneys: John Floyd, Sr., Summer Harcup

This case involved allegations of dental malpractice arising from several extractions and root canals performed by our dentist in 2015. Plaintiff alleged that our dentist’s treatment required her to undergo substantial remedial care causing her to develop osteonecrosis of the jaw. Despite some challenging testimony from some of our client’s former employees, the jury still returned a complete defense verdict. 

Attorneys: T. Michael Kennedy, Maxwell J. Levine

Plaintiff alleged that he suffered a colon perforation during a colonoscopy, and alleged improper discharge, which lead to a 28-hour delay in diagnosis. The alleged delay in diagnosis to a more extensive and complicated surgical repair, resulting in increased risk of future medical complications. Plaintiff demanded policy limits to settle the claim early on and again a week before trial. Plaintiff asked for $500,000 in closing argument, but the jury returned a complete defense verdict.

Attorneys: Kurt M. Spengler, Melissa T. Woodward

Plaintiff claimed that our defendant chiropractor failed to properly diagnose and treat his foot injury and failed to refer him to an orthopedic specialist in a timely manner. Plaintiff demanded $1.3 million, but the jury found no negligence on the part of our client and returned a complete defense verdict.

Attorneys: Richards “Dick” Ford, Kurt M. Spengler

Plaintiff brought suit against his chiropractor after requiring spine surgery a few days after a chiropractic adjustment. Plaintiff called a chiropractic expert and the treating surgeon who performed the back surgery. They asked the jury for over $200,000 in damages. The jury rendered a complete defense verdict.

Attorneys: John Floyd Jr., John Floyd, Sr.

John Floyd, Sr. and John Floyd, Jr. obtained a defense verdict for an emergency medicine physician involving allegations of negligent treatment and discharge related to a spinal fracture. The patient’s estate alleged malpractice, civil conspiracy, and asked the jury to award punitive damages. Following a week-long trial, the jury returned a complete defense verdict in favor of the physician.

Attorneys: John Floyd Jr., John Floyd, Sr.

John Floyd, Sr. and John Floyd, Jr. obtained a defense verdict on behalf of a correctional medicine physician in the U.S. District Court for the Middle District of Tennessee. The patient claimed that our physician negligently treated him and also advances claims of deliberate indifference under 42 USC 1983. The jury returned a unanimous defense verdict.

Attorneys: John Floyd, Sr., John Floyd Jr.

John Floyd, Sr. and John Floyd, Jr. obtained a defense verdict in a surgical malpractice case. Our client, a foot and ankle surgeon, performed a multi-stage surgery to correct Plaintiff’s deformities in her foot. The Plaintiff alleged malpractice and asked the jury to award significant damages for past and future medical bills, disfigurement, and pain and suffering. Following a week-long trial, the jury returned a defense verdict.

Attorneys: John Floyd, Sr., John Floyd Jr.

John Floyd, Sr. and John Floyd, Jr. obtained a defense verdict in a surgical malpractice case in Williamson County, Tennessee. Plaintiff alleged that our client’s care and treatment caused her to suffer permanent injury following a bunionectomy procedure. The jury returned a defense verdict after a week-long trial.

Attorneys: John Floyd, Sr., John Floyd Jr.

John Floyd, Sr. and John Floyd, Jr. obtained a defense verdict in a chiropractic malpractice case in Washington County, Tennessee. Plaintiff alleged that our client, a chiropractor, caused her permanent cervical spine injury and presented evidence through her treating providers. The jury returned a defense verdict after a four-day trial.

Attorneys: John Floyd, Sr.

Nashville Partner, John Floyd, Sr., obtained a defense verdict in a medical malpractice case in Hampton, Virginia last week.

The patient claimed that the doctor caused her severe, permanent brain injury that required care and treatment for the remainder of her life. After a week of trial and a multi-million dollar demand, the jury returned a complete defense verdict in favor of John’s client.

John tried this case in his role as national counsel, which takes him to states across the country in the defense of health care providers. Congratulations, John, on this great result.

Attorneys: Richard E. Ramsey, Caroline E. Kubovy

Jacksonville Partners Rick Ramsey and Caroline Kubovy obtained a medical malpractice defense verdict on behalf of a gynecologist in Duval County, Florida, this week.

Plaintiff alleged that when performing her hysterectomy, our client used a surgical tool that carried an FDA black box warning for an increased risk of spreading malignant cancer cells, and failed to advise her and get informed consent regarding this warning before the surgery took place.

Plaintiff was later diagnosed with a rare and often deadly cancer and filed suit against our client, claiming that had she been warned she would have chosen a different course of treatment. Although she has remained cancer-free now for seven years post-surgery, she claimed damages resulting from fear of recurrence of her cancer and chemotherapy side effects. At trial they asked the jury for $5 million dollars, but the jury returned a complete defense verdict.

Congratulations to Rick, Caroline, and the entire team on this great result.

Attorneys: Bruce D. Crawford, Mandi J. Karvis

Phoenix/Tempe Partners Bruce Crawford and Mandi Karvis obtained a defense verdict in a medical malpractice case in Maricopa County, Arizona, last week.

We represented a hospitalist in this case that stemmed from the death of a 54-year-old woman who collapsed and died shortly after being discharged from the hospital. The decedent suffered from multiple co-morbidities including end-stage renal disease; nonetheless, her surviving spouse and three adult sons filed suit against our client, alleging that she had been discharged prematurely and that decision led to her death.

After a contentious three weeks of trial, Plaintiff’s counsel asked the jury to award between $200,000 – $250,000 to the surviving spouse, and between $100,000 – $150,000 to each of the three surviving sons. The jury returned a complete defense verdict.

Congratulations Bruce, Mandi, and the entire team for this great result.

Attorneys: Viviana Varela, Mary J. Street

Last week, Miami Partners Viviana Varela and Mary Street obtained a defense verdict in a medical malpractice case in Miami-Dade County, Florida.

We represented an OBGYN Hospitalist in this case that involved routine complications during delivery. Plaintiffs claimed that the newborn suffered hypoxia during delivery that resulted in permanent brain injury manifesting in speech delays and behavioral issues diagnosed as a toddler, and that had our client performed a cesarean section these injuries would have been avoided. Plaintiffs’ experts claimed the child was intellectually disabled and they presented a $4 Million dollar life care plan assuming the child would never be able to work.

Despite the record evidence that the child did not exhibit any signs of hypoxic injury at birth, did not require any NICU care, and that mother and baby were discharged from the hospital on the standard timeframe, at the end of the three-week trial Plaintiffs’ counsel asked the jury for $10 million in damages, including compensation for the consortium claims of the parents. The jury found no negligence on the part of our client and returned a complete defense verdict.

This was an emotionally charged and difficult case, but we are thrilled to have achieved this result for our client doctor. Congratulations Viviana and Mary on this excellent work.

Attorneys: John Floyd Jr., Libby Schuerman

Nashville Partner John Floyd, Jr., and Associate, Libby Schuerman, obtained a defense verdict last week on behalf a pediatric dentist in a medical malpractice case in Sumner County, Tennessee.

This case involved an intraoperative burn to a patient during a dental procedure in the operating room. The patient was under general anesthesia during the procedure due to her complex medical history, which included cerebral palsy. Plaintiffs alleged that our client improperly utilized a hand-held instrument during the procedure resulting in a burn to the patient’s lip and permanent scar. The defense maintained that the instrument was defective and upon realizing it was defective the doctor immediately ceased using the instrument. The hospital’s nurse discarded the instrument at the end of the procedure and the Judge issued a spoilation charge over our objection.

After a week of trial, the jury returned a complete defense verdict.

Congratulations to John and Libby on this outstanding result.

Attorneys: John Floyd Jr., Nathan Dickerson

Nashville Partner John Floyd, Jr., and Associate Nathan Dickerson recently obtained a defense verdict in a medical malpractice matter in the Middle District of Tennessee.

We represented an emergency department physician and a physician’s assistant in this case that involved the administration of pain medication in the ED to a patient with muscular dystrophy. After receiving the medication, the patient experienced a brief cardiac arrest and a collapsed lung. Plaintiff’s counsel alleged that the medication was negligently administered and caused permanent, life-altering injuries.

Following a four-day trial, the jury found that there was no negligence and returned a complete defense verdict.

Congratulations John, Nathan, and the rest of the trial team on this excellent work.

Attorneys: Jeffrey M. Goodis, Taylor Kinmon

St. Petersburg Partner Jeffrey Goodis and Associate Taylor Kinmon recently obtained a favorable result in a medical malpractice trial in Sarasota County, Florida.

Jeff and Taylor represented an interventional radiologist in this case that arose from a minimally invasive spinal procedure performed on the wrong vertebrae. The correct vertebrae was ultimately repaired, but Plaintiff filed suit against our client alleging economic damages and pain and suffering due to the wrong-level procedure. With fault admitted, multiple attempts to settle the case were unsuccessful, and the case was tried on causation and damages only five years after the subject incident. During closing argument, Plaintiff’s counsel asked the jury for $2.7 million, but the jury returned a verdict of just $49,466, with no award for economic damages or future pain and suffering. This amount triggers a Proposal for Settlement, entitling our clients to seek fees and costs dating from February of 2024.

Congratulations Jeff, Taylor, and the entire team that prepared this case for trial. The clients are very pleased with the outcome.

Attorneys: Mary J. Street, Richard E. Ramsey, Kyle Leigh Schmitt

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.

Attorneys: John Floyd Jr.

Nashville partner John Floyd, Jr., recently obtained summary judgment in a medical malpractice case in Calloway County, Kentucky.

Plaintiff in this case alleged that she suffered permanent injury as a result of a cervical manipulation performed by our client chiropractor. After party depositions, we moved for summary judgment on the grounds that Plaintiff could not provide any causal link between the treatment she received from our client and her eventual injury. The Court agreed, granting summary judgment and dismissing the case against our client with prejudice.

Congratulations John on this great result.

Attorneys: Ryan A. Hestbeck

Orlando partner Ryan Hestbeck recently prevailed in a wrongful death case pending in Osceola County, Florida, resulting in the entry of unopposed Summary Judgment in favor of our client.

Ryan represented an Emergency Department physician in this case, which arose when Plaintiff presented to the ED for agitation, altered mental status, and manic state. Plaintiff had a complex medical history including psychiatric issues. On the day of the subject treatment, our client ordered sedation medication in the ED to address the patient’s combative state such that further medical testing could be administered. After admission to the hospital, the patient experienced a cardiac event that ultimately resulted in his death. Plaintiff’s surviving spouse, as the executor of his estate, sued our client, alleging that the sedation medications were administered without proper regard to the existing medical issues, and that but for the administration of these medications, her husband would not have died.

Plaintiff’s retained Emergency Medicine expert agreed under oath that the administration of the medication at issue was appropriate under these circumstances, and further testified that he could not say there was a causal link between the administration of these medications in the ED and the subsequent cardiac event and death.

In light of this testimony, Plaintiff’s counsel agreed to forego a hearing on summary judgment, and instead stipulated to entry of Summary Judgment in our client’s favor.

Congratulations Ryan on this excellent work.

Attorneys: Adam W. Rhys, Amanda Ritucci, Darya Momeni

West Palm Beach partners Adam Rhys and Amanda Ritucci, and associate Darya Momeni, obtained a defense verdict in a medical malpractice case in Palm Beach County, Florida, this week.

Plaintiff in this case alleged that our client, a CRNA, negligently discharged the Plaintiff following a cosmetic procedure performed at the plastic surgeon’s office. These allegations included that our client did not appreciate the Plaintiff’s compromised condition following the procedure while in the recovery room, failed to administer critical reversal medications and/or call 911, and failed to provide crucial information to EMS once they were called. As a result, Plaintiff claimed brain damage resulting in cognitive impairment, including loss of memory and function, headaches, and depression and anxiety.

Defense of this case centered around the position that our client appropriately assessed the Plaintiff, who met the discharge criteria at the time but experienced a marked change in condition afterwards once at home.

After a seven day trial, Plaintiff’s counsel asked the jury for $1 million. The jury deliberated for three hours before returning a complete defense verdict in our client’s favor.

Congratulations to the entire team that worked on this file for this excellent result.

Attorneys: T. Michael Kennedy, Roxette Gonzalez

Miami partner T. Michael Kennedy and associate Roxette Gonzalez recently obtained a defense verdict in a medical malpractice trial in Miami-Dade County.

Plaintiff in this case presented to our client for surgery to repair the first metatarsal phalangeal joint of his left great toe. During the surgery, our client podiatric surgeon discovered a condition that had not been visible on the pre-op films, and made the decision intra-operatively to remove Plaintiff’s tibial sesamoid bone as a remedy. Following the surgery, Plaintiff alleged that this decision caused him to experience excessive pain and toe drift, and required him to undergo a revision surgery to fuse the joint. He further claimed that the pain from the surgery and the subsequent revisions forced him to retire from his job as a professor five years earlier than he had originally planned.

The defense presented evidence and expert testimony that all supported the theory that our client had not deviated from the standard of care, and that the intra-operative removal of the sesamoid bone was necessary; and also that the pain and toe drift the Plaintiff experienced was a natural result of the surgery itself and the underlying arthritis that necessitated the surgery in the first place.

After a five day trial, Plaintiff asked the jury for $2 million in closing arguments. The jury found no negligence on the part of our client, and returned a complete defense verdict.

Attorneys: Nichole M. Koford, Tiffany Gatesh Fearing

We represented a trauma surgeon and his practice in this case, that arose from Plaintiff’s presentation to the hospital after a bicycle accident. Upon arrival to the ER, the trauma surgeon ordered multiple CT scans, including one for Plaintiff’s cervical spine. Although Plaintiff initially complained of numbness and tingling to his lower extremities and an inability to move his lower extremities, records demonstrated that during the progression of his ER presentation, Plaintiff was able to move all of his extremities, bear weight, and withdraw from pain. None of the objective assessments, including the CT scan of his cervical spine, showed any signs of an acute spinal cord injury. As a result, the trauma surgeon discharged the Plaintiff home with instructions to follow up if his symptoms worsened. Plaintiff never returned. Instead, eleven days later he walked into a different hospital reporting neck pain along with numbness and weakness of his lower extremities. An MRI at the second hospital demonstrated an acute spinal injury and Plaintiff underwent spinal surgery.

Plaintiff filed suit against our client, alleging that the surgeon’s discharge of Plaintiff constituted a reckless disregard for the Plaintiff’s care and treatment and caused him to undergo spinal surgery that resulted in injuries including an inability to walk independently.

During the course of the litigation, Plaintiff’s trauma surgery expert opined at deposition that our client did not act with reckless disregard or cause the injuries Plaintiff complained of. As a result, Plaintiff filed an Affidavit of an Emergency Medicine physician expert but this expert’s opinions were stricken by the Court because he was not in the same specialty as our Defendant.

This case was in litigation for over six years, and during that time several good faith efforts to settle were rejected. As such, we moved for summary judgment, citing Plaintiff’s failure to provide any admissible expert opinions that showed our client breached the standard of care. The Court agreed, and summary judgment was granted.

Attorneys: John Floyd Jr.

Nashville Partner, John Floyd, Jr., obtained summary judgment in a medical malpractice matter in Murfreesboro, Tennessee.

Plaintiff was a 54 year old woman under the care of our client, a foot and ankle surgeon, for a wound on her foot. Plaintiff became aware that her wound was not healing properly in the middle of October 2016. Although she documented the poor healing of the wound, she did not present back to the podiatrist’s office to have the wound reassessed until mid-November, almost three weeks later. At that time, it was determined that sepsis had set in, requiring amputation of Plaintiff’s right leg below the knee in November 2016.

Plaintiff filed an initial Complaint against our client in February 2018, non-suited that Complaint in June 2018, and finally filed her Second Amended Complaint in October 2019.
We moved for summary judgment, arguing that since Plaintiff’s Second Amended Complaint was filed a full three years after the cause of her injury, the statute of limitations for bringing such a claim had expired. The Court agreed, granting summary judgment in favor of our client and authorizing our client to seek fees and costs.