Firm Results

Lou La Cava and Vicki Jobling obtained a defense verdict in a medical malpractice case tried in Pinellas County, Florida. The Plaintiff alleged the defendant interventional radiologist improperly performed an arterial chemoembolization procedure to treat liver cancer. The patient died 6 days after the procedure from liver failure. The jury returned a verdict in less than an hour finding the defendant not negligent.

Lou La Cava and David Young obtained a dismissal of their client in a medical practice case filed in Volusia County. The Plaintiff alleged that the ophthalmologist was negligent in failing to properly follow and treat Plaintiff’s glaucoma. The Plaintiff alleged that he lost significant vision as a result of the treatment. After several years of litigation and the deposition of Plaintiff’s ophthalmology expert, Plaintiff dismissed the case against the physician without a settlement payment being made.

Lou La Cava obtained a dismissal of his client from a medical malpractice case. The Plaintiff alleged that the internal medicine physician was negligent in not responding in a timely manner to the Plaintiff’s complaints of chest pain. The plaintiff suffered a heart attack and ultimately required a heart transplant. After several years of litigation the Plaintiff agreed to dismiss the case against the physician without a settlement payment being made.

Lou La Cava and Barbara Chapman obtained a defense verdict for two surgeons in a case tried in Hillsborough County. The Plaintiff alleged one of the surgeons was negligent by perforating the patient’s stomach during a laparoscopic cholecystectomy. The defense argued that the perforation of the stomach occurred after surgery as a result of a ulcer caused by nonsteroidal anti-inflammatories the patient had been on prior to surgeries. After the stomach repair surgery the patient had numerous complications and non-healing wounds. The patient ended up having 10 surgical procedures. The Plaintiff’s expert witness opined the surgeons were negligent in how they performed the subsequent surgeries. The defense argued the additional surgical complications were not caused by negligence. Plaintiff alleged she was permanently disabled, had chronic pain requiring narcotic pain medication, developed a large hernia, lost a large portion of her abdominal wall and had severe scarring. After a 3 week trail the jury returned a verdict for the defendants.

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiffs’ motion for new trial in Berkey v. Boyer, where the Second District Court of Appeal entered a Per Curium Affirmance. On Appeal, the Appellants argued that the Trial Court committed error by allowing the Defendants’ expert to testify at trial on the issue of the acceptable standard of care because there was no literature specifically supporting his opinions. Mr. Azzarone argued that the expert’s testimony was reliable pursuant to the standards set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Mr. Azzarone also argued that contrary to the Appellants’ position, the expert was not required to provide articles or publications supporting his opinions in order to be admissible.