Miami Partner Richard Adams and Bonita Springs Associate Melanie Everett recently obtained a complete defense verdict in a hospice malpractice case.
This case involved an 80-year-old man diagnosed with a rapidly progressive form of ALS or Lou Gehrig’s disease. Given the terminal nature of this disease, he enrolled with the defendant hospice company and eventually passed away.
Plaintiff brought a survival action claim on behalf of her late husband and an intentional infliction of emotional distress claim on behalf of herself and her minor daughter. She alleged our client failed to provide reasonable care during her husband’s last days alive thereby causing him injury. She further claimed our client acted intentionally to cause her and her daughter severe emotional distress.
During trial, the defense denied any wrongdoing. It was clear from the evidence the defendant did all it could have done under the circumstances. The plaintiff was easily impeached on cross given the many inconsistencies between her trial testimony, deposition testimony and the medical records from multiple providers. Neither of the plaintiff’s experts were able to opine that our client caused harm to her husband or intentionally caused her and her daughter severe emotional distress.
In closing, the plaintiff asked the jury for more than $25,000,000 for herself, her daughter and the estate. After less than 1.5 hours of deliberations, the jury returned a complete defense verdict.
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