News & Noteworthy

Mark McLaughlin and Damien Hoffman obtained a defense verdict in the Sixth Judicial Circuit (Pasco County, FL) on behalf of an Interventional Cardiologist. The Defendant Physician was alleged to have caused the death of a husband and father of three. The Plaintiff requested $2.5 million to $5 million during closing argument, but the jury found no negligence on behalf of our client.

Mark McLaughlin and Damien Hoffman obtained a defense verdict in the Sixth Judicial Circuit (Pasco County, FL) on behalf of an interventional cardiologist.  The Defendant Physician was alleged to have caused the death of a husband and father of three.  The Plaintiff requested $2.5 million to $5 million during closing argument, but the jury found no negligence on behalf of the firm’s client.    

Partner Paul Nugent obtained a defense verdict on behalf of an ER Physician in the Eighteenth Judicial Circuit (Brevard County, FL). The Plaintiff alleged permanent injuries due to a stroke, which they argued was preventable by the administration of tPA. The Jury returned a verdict on July 16, 2021, after a contentious three week trial. Despite the Plaintiff requesting in excess of $12 Million, it was a complete defense verdict.

Partner Paul Nugent was successful in obtaining a defense verdict for a pulmonologist in Ocala. Fl. It was alleged that the physician failed to properly diagnose the patient’s condition.

Partner Paul A. Nugent was successful in obtaining a defense verdict for a physician in Osceola County. The case involved an alleged delay in diagnosis of thyroid cancer.

Partner Paul A. Nugent was successful in obtaining a defense verdict for a physical therapy facility and the therapist for alleged negligence in failing to supervise an elderly patient on a treadmill who suffered a fractured femur. The case was venued in Orange County.

Partners Mindy McLaughlin and Gabrielle Osborne were successful in obtaining a defense verdict for a physician in Hillsborough County on a very contentious four week medical malpractice case. Plaintiff was seeking significant damages after a spinal bleed resulted in paralysis.

Mark McLaughlin was named the 2016 president of the Florida Chapter of the American Board of Trial Advocates. The American Board of Trial Advocates is a national association of experienced trial lawyers and judges dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. First and foremost, ABOTA works to uphold the jury system by educating the American public about the history and value of the right to trial by jury.

Case Law Update – Proposals for Settlement: In Mootry v. Bethune Cookman, the Fifth DCA affirmed a denial of a Defendant’s motion for fees pursuant to $100 PFSs. The trial court’s decision, which the Fifth DCA upheld, found the following: “In July 2012 [when the PFSs was filed], the outcome of the various claims was far from certain. The issues in this case had far-reaching significance to both parties and to many others not parties to the case…. Discovery would prove to be extensive and far-reaching, yet only preliminary discovery was completed. In short, the nominal proposals filed by both defendants bore no relationship to the apparent importance of the case to both sides, as evidenced from the scope and extent of their actions.” This new opinion does not address Weesner v. United Services Auto. Ass’n, 711 So. 2d 1192, (Fla. 5th DCA 1998), which reversed a trial court’s denial of fees based on a $100 PFS or Sharaby v. KLV Gems Co., Inc., 45 So.3d 560 (Fla. 4th DCA 2010), which reversed a trial court’s denial of fees based on a PFS of $500.