Wicker Smith obtains defense verdicts in two medical malpractice cases in October

Partners Kevin Crews and Ashley Withers and associate Lindsey Grossman of Wicker Smith’s Naples office, obtained a defense verdict in a medical malpractice case in Collier County, Florida. This case arose from an alleged missed diagnosis of an epidural abscess, leading to initial paralysis and then long-term upper and lower extremity deficits. Wicker Smith represented the
hospital, the hospitalist who ordered the imaging, the infectious disease physician and a physician’s assistant, but not the radiologist who misread the initial study and who was not involved in the case. Defense of the case centered around the argument that the hospitalist ordered the appropriate study to evaluate for an epidural abscess, but that the fault in this case lay with the misreading of the imaging, not in the care provided by the firm’s
clients. Plaintiff’s counsel asked the jury for $12.5 million in closing arguments. After five hours of deliberation, the jury found no negligence on the part of the firm’s clients and returned a complete defense verdict.

In a separate matter in Wicker Smith’s Sarasota office, partner Doug Lumpkin and associate Andi Easterling obtained a defense verdict in a medical malpractice case in Manatee County, Florida. This case arose from the alleged misplacement of an L5 pedicle screw into the spinal canal by the firm’s client neurosurgeon. Plaintiff further alleged a failure to timely diagnose and repair the misplacement, resulting in permanent neurologic
deficits to the lower extremities. Efforts to settle this case prior to trial failed. At closing, Plaintiff’s counsel asked the jury for $3.9 million. After a five-day trial, the jury found no causation and returned a complete defense verdict. Due to the rejection of a Proposal for Settlement, Wicker Smith’s client