Defense Verdict

May 11, 2022
Miami Partner, Jonathan Midwall, and Ft. Lauderdale Partner, Alyssa Tornberg, obtained a complete defense verdict after a 3-week, hotly contested wrongful death medical malpractice trial in Broward County. CSK represented two radiologists alleged to have missed an aortic abnormality on an MRI of the plaintiff’s spine. Plaintiff argued that due to this negligence, the radiologists did not properly convey concerns as to the appearance of plaintiff’s aorta in their report to the ordering neurologists and that the radiologists also failed to recommended follow-up studies on a STAT basis. Accordingly, the neurologists did not order the recommended studies for 8 days, and before the test could be done, the patient, a 58-year old woman on the brink of retirement, died of an aortic dissection.

The co-defendants were highly critical of the CSK clients during trial and directly blamed the CSK clients for failing to comply with the standard of care.  Some of the jurors cried or teared up during the Plaintiff’s testimony about the pain he has suffered from losing his wife of 40 years.

After listening to day 1 of the evidence and the distraught testimony of the co-defendant, the Judge called all counsel into his chambers and recommended that all the defendants settle this case.

Opposing counsel suggested to the jury a verdict range of $5.5 to $9.5 million. After less than two hours of deliberations, including a lunch break, the jury returned a complete defense verdict.

Jonathan Midwall
(305) 350-5354

Alyssa Tornberg
(954) 703-3770

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