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
(407) 775-3525

Evan Marowitz
(954) 703-3731

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