FOR IMMEDIATE RELEASE

May 21, 2018

Contact:Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Email: eboyer@qpwblaw.com

 

QPWB ATTORNEYS ACHIEVE DEFENSE VERDICT FOR RETAILER

 

George L. Fernandez
Mathew McElligott
George L. Fernandez
Michael J. Wood
Jaime E. Campos
David M. Tarlow

FORT LAUDERDALE David M. Tarlow, Michael J. Wood and Matthew McElligott received a defense verdict on behalf of their client, a retail establishment.  On October 29, 2011, the plaintiff was shopping at the retail establishment with her two children, one who is a special needs child, when she slipped and fell in a liquid substance.  Store video captured the incident and showed another customer slipping, but not falling, four minutes earlier.  As plaintiff remained on the floor being attended to, another spill is seen in an area approximately ten feet away.  Video also showed little to no maintenance being performed in the hour prior to the fall.  As a result of the slip and fall, plaintiff underwent four left knee surgeries, two arthroscopies, a partial knee replacement and then a full knee replacement.  The four surgeries all occurred within six years after the accident.  Plaintiff had no pre-incident left knee complaints.

Plaintiff filed the lawsuit after three of her surgeries had been performed.  In discovery, plaintiff denied having any post incident accidents causing personal injury. Medical records showed four different accidents, all occurring after the three surgeries, but before the fourth surgery.  Plaintiff testified she was in collections due to unpaid bills and changed professions from medical assistant to billing clerk as she was physically incapable of performing the job tasks of a medical assistant.  Plaintiff asked the jury to award a minimum of $3 million.

Relying upon plaintiff’s initial treating physician – as the only defense witness – whom plaintiff saw only one time, the defense built a legal causation argument of an undisclosed accident occurring approximately nine days after her fall at the defense’s retail establishment.  The defense had a good feeling when the jury retired to deliberate and one juror hit her knee in the juror box and cried out, “ouch, I hit my knee, can I sue?” This caused the rest of the panel to laugh out loud.

 

All three defense lawyers had specific roles in this case which ultimately led to a jury finding no negligence.  Jury deliberated one hour, while they ate lunch.  A Proposal for Settlement was served on the plaintiff in pre-trial, which she rejected and which will now expose her to a judgment for fees and costs.

 

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David M. Tarlow is the managing partner of the Fort Lauderdale office.  He practices in the areas of general liability defense, including personal injury defense, premises liability, product liability defense, wrongful death, automobile liability, negligent security, legal malpractice defense, insurance coverage disputes and bad faith litigation.

 

Michael J. Wood is a partner in the Fort Lauderdale office he focuses his practice in the areas of automobile liability, premises liability, and first-party and third-party insurance coverage claims.

 

Matthew McElligott is an associate in the Fort Lauderdale office he focuses on insurance and general liability defense, including personal injury, premises liability, product liability defense, wrongful death, automobile liability, negligent security, legal malpractice defense, insurance coverage disputes and bad faith litigation.

 

Quintairos, Prieto, Wood & Boyer, P.A., is a full service law firm with more than 360 lawyers serving clients from 21 offices in the United States and abroad across a spectrum of industries in over 40 areas of practice.  Our lawyers provide representation in litigation, business, real estate and government law.

 

 

 

 FOR IMMEDIATE RELEASE

March 2, 2018

Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023

QPWB ATTORNEY GETS DENTAL MALPRACTICE DEFENSE VERDICT
JURY FINDS NO BAD FAITH CASE CLAIM

Corry P. Keilin

Medical Malpractice Defense – Dental / Deviation in Standard of Care

CHICAGO ― Corry P. Keilin, a partner in the Chicago office of Quintairos, Prieto, Wood & Boyer, P.A., received a defense verdict on behalf of a dentist in a case alleging deviation in the standard of care in the diagnosis, and monitoring and treatment of periodontal disease, which the plaintiff claimed resulted in the loss of four teeth and placement of an implant and crown; the need for future treatment including the replacement of the restorative crowns on the implant every 10-12 years – three times during the plaintiff’s life.  Plaintiff claimed ongoing injuries because of the defendant’s alleged deviation from the standard of care, including increased risk for future tooth loss.

Plaintiff sought damages ranging from $180,204.00 to $184,420.00 which included past and future expenses of: medical expenses with and without failed implants, loss of a normal life, pain and suffering and past lost wages.

To support his allegations, the plaintiff presented testimony of his two subsequent treaters, a general dentist and a periodontist.  Each testifying to these allegations: that the plaintiff had lost four teeth and as a result of the uncontrolled progression of periodontal disease, the plaintiff is at risk for future tooth loss.  A retained expert testified and opined that the defendant had deviated from the standard of care during 18 years of treatment provided to the plaintiff.  He specifically indicated that the plaintiff should have been immediately referred to a periodontist for surgical intervention; that the defendant failed to adequately document his care and treatment of the plaintiff; failed to take the proper number of x-rays at adequate intervals, and provided no treatment to control the progression of the disease.

Contesting every issue, the defense argued that the defendant did everything he could have done to slow the progression of plaintiff’s periodontal disease.  The defense showed that on November 25, 1995, during the plaintiff’s first visit, the defendant conducted a comprehensive oral examination during which he diagnosed the plaintiff with moderate to severe periodontal disease.  Due to defendant’s consent to a reprimand from the Illinois Department of Professional Regulation, he could not testify that he had complied with the standard of care.  However, the defense presented the testimony of a retained expert periodontist, who has been a practicing periodontist for 43 years. He opined that the defendant had complied with the standard of care in his diagnosis, and monitoring and treatment of periodontal disease.  He expressed that the plaintiff was not a surgical candidate because of his non-compliance with the defendant’s advice for oral hygiene – brushing, flossing and recall interval recommendations.

The Cook County jury deliberated just over three hours returning a defense verdict.  The general sentiment was that jurors were convinced that the plaintiff was non-compliant with the defendant’s oral health promotion recommendations.  The jury was persuaded that, although the defendant may have deviated from the standard of care, the plaintiff’s own negligence far outweighed that of the defendant’s.

 

Corry P. Keilin is a partner in the Chicago office. He is a lead attorney in cases involving depositions of treating physicians, and liability and damages expert witnesses. He practices in the areas of insurance defense, general liability, medical malpractice, nursing home defense, premises liability, and construction defect litigation. He is admitted to practice in Illinois and Wisconsin.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with more than 360 lawyers serving clients from 21 offices in the United States and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.