On January 16, 2026, Miami Partners Scott Kirschbaum and Christine Soto secured a complete defense verdict in a professional liability action styled Plaintiff AB v. Spa and Defendant LP. The plaintiff sued defendants Spa and massage therapist LP, alleging negligence in the performance of a massage.
The plaintiff claimed that Defendant LP performed a maneuver outside the scope of a standard massage, allegedly causing injuries to spinal discs that required two surgeries, with a third surgery recommended. The defense presented expert testimony from Dr. Mark Kaye and Dr. Rafael Fernandez, both of whom opined that the plaintiff’s alleged injuries were pre-existing conditions. After approximately two hours of deliberation, the jury returned a defense verdict. Post-trial motions remain pending. The defense previously served a proposal for settlement in 2023, entitling the client to seek recovery of attorney’s fees.
