News & Noteworthy

Beytin McLaughlin was proud to recently serve as a Silver Sponsor of the Claims & Litigation Management Annual Conference held in Tampa, Florida.  Representing the firm at the conference were partners, Carissa Brumby, Kyle Morat and Alan Mirelman, along with attorneys, Kaitlin Rosenthal, Julia Dulko and Piper Hurley. 

Kevin O’Hara and Paul Nugent obtained a defense verdict on behalf of a cardiologist after a 6-day jury trial in Martin County, FL.  It was alleged that the defendant physician improperly prescribed an anti-arrhythmic medication causing permanent lung injury and need for supplemental oxygen.

Mindy McLaughlin and Gabrielle Osborne-Gandhi obtained a defense verdict in a three-week medical malpractice trial involving neurologic injury from HIE which was allegedly sustained at birth resulting in lifelong catastrophic consequences for this brain-injured child. The Plaintiffs maintained that the injuries sustained resulted from obstetrical care and asked the jury to award well above $30,000,000. The defense refuted these allegations, demonstrating that there was no deviation from the standard of care by the physicians which caused this outcome and that no brain injury occurred during the perinatal period, but rather following delivery from genetically induced, severe seizures rendering the outcome inevitable and not the result of medical negligence. 

After a six-day trial, Partners Kevin O’Hara and Paul Nugent obtained a defense verdict on behalf of their client, a gastroenterologist in St. Augustine, Florida. Plaintiffs alleged that the Defendant caused a bowel perforation during preparation of the bowel for a colonoscopy procedure and the subsequent death of the Plaintiff’s 73-year-old husband. Expert witnesses on behalf of the Defendant physician testified that, had the decedent taken the advice of the general surgeon and opted for surgical resection, the bowel perforation would not have occurred, and more likely than not, the patient would have survived. Counsel for Plaintiffs asked for $12.25 Million in their closing argument. The jury deliberated and returned a defense verdict.

Beytin McLaughlin was proud to recently serve as a Platinum Sponsor of the Federal Society for Healthcare Risk Management and Patient Safety (FSHRMPS) Annual Conference held in St. Petersburg, Florida, wherein Partners Gabrielle Osborne and Kyle Morat spoke on “Risk Management and Litigation Realities in an Electronic World”.  Also representing the firm at the conference were partners Carissa Brumby, Damien Hoffman, and Alan Mirelman.   This is the third year that Beytin McLaughlin has served as a platinum sponsor, and it is the firm’s hope to continue to serve as a sponsor of the conference for many more years.

Kyle Morat was successful in prevailing on a motion for final summary judgment in a medical malpractice case in Volusia County, Florida on behalf of our Hospital client. Plaintiff claimed she suffered permanent neurological injuries as a result of a stroke after being treated in the emergency department. The Court agreed that the record evidence including depositions and written discovery were insufficient to maintain a cause of action against the Hospital and Emergency Room physician.

Kyle Morat recently prevailed on a motion for summary judgment in a slip and fall case on behalf of his Hospital client in Volusia County, Florida. Allegations included failure to properly maintain the bathroom floor and allowing water to accumulate causing the Plaintiff’s fall and injuries. Mr. Morat was able to elicit testimony from the Plaintiff that supported the defense that there was no water or transitory substance on the floor and Plaintiff would be unable to meet her burden of proof at trial. Mr. Morat argued that not only did the record evidence support summary judgment but also that the new rule requires the non-moving party to file a timely response and the failure to do so allows the Court to use its discretion in finding the facts undisputed for purposes of the motion in granting summary judgment.  

Shareholder Kevin O’Hara spoke with several leaders in the insurance industry on “Voir Dire Variants:  Disruption of Traditional Jury Selection” at the recent CLM Focus Conference held in Nashville where Beytin McLaughlin served as a Platinum Sponsor.

Beytin McLaughlin attorneys, Alan Mirelman and Travis Edmands, recently spoke on “Defending Constitutional Challenges to Florida’s Medicaid Cap for Noneconomic Damages in Medical Malpractice Cases” at the 25th Annual Florida Liability Claims Conference in Orlando, Florida, which.is the Florida Defense Lawyers Association’s leading educational conference for civil defense attorneys and claim professionals.

Partner Paul Nugent has become Board Certified by the Florida Bar in the field of Civil Trial Law.  The Florida Bar has recognized Mr. Nugent’s distinguished level of knowledge, skills and proficiency, as well as his upstanding professionalism and ethics that he has continuously displayed throughout his career in the practice of law.  Board Certification is the Florida Bar’s highest legal standard and is bestowed on less than 1% of Florida lawyers.