CSK Defense Team
Fort Lauderdale East Partner Alyssa Tornberg
Miami Partner Jonathan Midwall
Case Summary
This medical malpractice case arose from allegations that a gastroenterologist negligently failed to diagnose and treat rectal cancer following a colonoscopy performed on the Plaintiff. The Plaintiff alleged that the missed diagnosis delayed treatment and resulted in additional medical intervention, including surgery, chemotherapy, and radiation, as well as long-term physical, emotional, and economic damages. These alleged damages included the need for a colostomy bag and ongoing concerns regarding cancer recurrence.
Approximately two years into the litigation, a pathologist who reviewed the original biopsy specimens issued an amended pathology report acknowledging that cancer had not been identified during the initial review. The pathologist was later added as a Defendant, admitted liability, and resolved the claims against him prior to trial, though the jury was still asked to evaluate his share of responsibility for the Plaintiff’s injuries.
Defense Strategy
The CSK Defense Team focused on demonstrating that the gastroenterologist reasonably relied on the original pathology findings when making treatment decisions and that any missed diagnosis was not primarily attributable to the care provided by the Defendant. Trial counsel addressed testimony from former Defendants and other witnesses who attempted to shift blame to the gastroenterologist, while also confronting concessions from the Defendant and defense experts regarding deviations from certain industry guidelines.
Through careful examination of the medical timeline and allocation of responsibility, the defense emphasized that the gastroenterologist’s role, if any, was minimal compared to other contributing factors.
Outcome
After a seven-day trial, the jury found the Defendant gastroenterologist negligent but assigned only 1% of the responsibility for the Plaintiff’s injuries to the Defendant, allocating the remaining 99% to the pathologist who had previously resolved the claims against him.
Although Plaintiff’s counsel requested damages exceeding $13 million, the jury awarded approximately $1.39 million in total damages and, based on the apportionment of fault, assessed just over $13,000 against the Defendant gastroenterologist.
Notably, the jury initially returned a verdict finding liability without awarding damages and completed the verdict only after being instructed to do so by the court. The result reflects the jury’s careful distinction between technical findings of negligence and actual responsibility for the Plaintiff’s outcome, significantly limiting the Defendant’s exposure despite the substantial damages claimed.
Special Thanks
Fort Lauderdale East Paralegal Nathalia Marin
Fort Lauderdale East Legal Assistant Omaira Rodriguez
Miami Partner Michelle Gonzalez
Fort Lauderdale East Associate Julia Malca
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