Defense Verdict

August 11, 2022

Orlando Partner, Kara Graham, and Fort Lauderdale East Partner, Evan Marowitz, obtained a complete defense verdict in a week-long medical malpractice trial. Plaintiff was a 61-year-old male with a history of smoking and COPD, and was diagnosed with lung cancer in August 2016. He was subsequently referred to CSK’s client, a cardiothoracic surgeon, who recommended a right lower lobectomy to remove the cancer. Upon removal of the portion of Plaintiff’s lung, it was discovered Plaintiff did not have cancer but rather an infection. Plaintiff and his wife sued the surgeon and the surgeon’s practice alleging the surgeon committed malpractice by recommending a lobectomy given Plaintiff’s history of COPD. Plaintiff also claimed that a lesser treatment alternative should have been given and was not. Plaintiff alleged that, as a result of the lobectomy, he had decreased lung function and permanent injury. Plaintiff’s wife claimed loss of consortium. Of importance, Kara and Evan were successful in excluding a medical record, which was the only evidence that demonstrated worsening lung function for Plaintiff. The jury disagreed with Plaintiff’s allegations, finding no liability for the surgeon.

Kara S. Graham
kara.graham@csklegal.com
(407) 775-3525
Bio

Evan Marowitz
evan.marowitz@csklegal.com
(954) 703-3731
Bio


Our team is available to discuss the topics written here and ready to provide additional information contained in this article. Contact us for more information.


Latest News

Employer Support of the[...]

September 21, 2022
CSK is proud to be the recipient of the Above and Beyond Award presented by[...]

COMPLEX M&A TRANSACTION

September 16, 2022
Jacksonville Partners, Michael Clouser and Christine Barned, recently closed a multi-million dollar complex M&A transaction[...]

Okaloosa County Premises Liability[...]

September 16, 2022
Pensacola Partner, Grayson Miller, obtained final summary judgment in favor of a hotel client. Plaintiff[...]