Rick Ramsey and Kyle Schmitt secure defense verdict in medical malpractice case

Wicker Smith (Central Florida)

Rick Ramsey and Kyle Schmitt secure defense verdict in medical malpractice case

Wicker Smith partner Rick Ramsey and associate Kyle Schmitt secured defense verdicts on behalf of three doctors in a medical malpractice trial in Flagler County, Florida.

The plaintiff sued the firm’s clients, alleging failure to diagnose and treat an aspirated iron pill. The plaintiff allegedly aspirated the pill, spent 11 days in the hospital under the firm’s client’s care, and was released. She returned to the hospital three days later with further complaints, became very ill and went on life support.

Ramsey and Schmitt retained experts in various specialties who helped show the jury that the plaintiff’s claims of aspiration were not feasible. By way of a successful Daubert hearing, they were also able to exclude much of the testimony from the plaintiff’s pulmonology expert regarding how much iron he believed had been aspirated, as well as how much damage was done to the plaintiff’s lung.

Efforts to settle this case failed, and the case proceeded to trial. After seven days of testimony, the plaintiff asked the jury for $4 million in future economic damages, plus a couple million more in pain and suffering. The jury returned a complete defense verdict for all three of our clients, triggering a PFS that was filed in October 2023.