Verdicts by Practice Area: Medical | Healthcare
On September 13, 2024, Senior Partner Jerome Silverberg obtained summary judgments in favor of our insured physician and his employer in matter styled Plaintiff v. Wellington Regional Medical Center, et al. Plaintiff was expected to board total economic damages in excess of $25M. The matter involved a 46 year old female that had suffered a stroke and underwent an embolectomy and was recovering well with minimal deficits. Approximately one week later, her neurological status changed. A third year resident was called who ordered a CT Scan. However, a stroke alert was not called for four hours later. The patient requires full time care. Our doctor was allegedly charged with supervising the resident in the hospital’s residency program. Our doctor’s employer participated and assisted the hospital in the residency program and was obligated to provide qualified physicians to perform professional graduate medical education and supervisory services to the hospital’s residents. We were able to establish that our doctor was not on the schedule to supervise residents on the date in question and that the resident at no time sought supervision from our doctor or any other physician. We were also able to establish that the hospital’s residency program was created, developed and operated by the hospital and a Chief Academic Officer employed directly by the hospital having nothing to do with our physician’s employer.
On June 5, 2024, Senior Partner Jerome Silverberg was granted Dismissal with Prejudice in matter styled Plaintiff v. Joseph Ryan Grider, DDS, Juan Alberto, DDS, Clear Choice Dental Implant Centers, et al. The Plaintiff presented to Clear Choice with a history of prior jaw damage as a result of an injury that she had received years earlier. She had teeth missing and jaw damage. The Plaintiff sought to have a dental prothesis. The prosthodontist recommended a Zirconia DAO4 (“all on fours”) upper and lower arch prosthetic replacement. Pursuant to the prosthodontic plan, Dr. Grider, a Board Certified Oral and Maxillofacial Surgeon removed the patient’s remaining teeth and inserted the implants for placement of the prosthesis. The Plaintiff was dissatisfied with the fit and sued claiming damages. It was alleged that Dr. Grider removed too much bone when contouring the teeth extractions. Following the deposition of the Plaintiff’s expert and a Motion to Strike the expert for the failure of the Plaintiff to present a qualified expert pursuant to Fla. Stat. 766.102(5)(a), as well as the inability to present testimony of how much bone was removed or that the amount of bone removed was below the standard of care, the Plaintiff voluntarily dismissed the action with prejudice as against Dr. Grider. The case is proceeding against the prosthodontist.
On September 17, 2024, Senior Partner Jerome Silverberg was granted Dismissal without Prejudice in matter styled Plaintiff v. Dr. David Berkower, Dr. Ignacio Zebaleta and Ventre Medical Associates. The Plaintiff was a psychiatric patient that allegedly overdosed on medications prescribed. The Plaintiff served a Notice of Intent that was deficient due to the claimed failure of the Plaintiff to comply with the statutory pre-suit requirements pursuant to Fla. Stat. 766.1065 requiring the Plaintiff to include medical authorizations for release of Plaintiff’s medical records from health care providers as a part of the Notice of Intent. It was claimed that the Plaintiff’s Notice of Intent was deficient in a number of other respects. However, the Court dismissed the case on the failure to comply with Fla. Stat. 766.1065. The defense further asserted that the case law is clear that the Plaintiff cannot now cure the defects in the Notice of Intent as the Statute of Limitations has expired.