News

Michael Petruccelli Recognized by Florida Super Lawyers

Based on a statewide nomination process, including peer review evaluation, Partner Michael Petruccelli has been selected for inclusion in Florida Super Lawyers 2008, in the area of Medical Malpractice Defense. Only five percent of the attorneys in The State are included on this list of recognized attorneys. The listing appears in Florida Super Lawyers magazine and recently was included as a supplement in the Miami Herald, South Florida Edition.

Back to Back Defense Verdicts!

In two large exposure medical malpractice cases, Partner Michael Petruccelli obtained defense verdicts for two physicians in March and April of this year.

The first case involved allegations of negligence against a local orthopedist in Dade County, for failure to diagnose bone cancer, in a 14 year old girl. The damages claimed at trial included a pathologic fracture at the tumor site in the leg, past medical expenses approaching one million dollars, and a life care plan approaching 3 million dollars. Plaintiff underwent multiple surgical procedures allegedly as a result of the failure to timely diagnose the cancer. On behalf of the orthopedic surgeon, defense counsel Petruccelli claimed that the Plaintiff did not have the clinical signs/symptoms that would lead a reasonably careful physician to suspect that diagnosis. At closing, Plaintiff’s counsel asked the jury to award damages to the minor plaintiff and her parents in the amount of $18,000,000.00. The jury deliberated over the course of two days and returned a verdict of favor of the defense on all grounds.

The second case involved the claim of a husband and his four minor children stemming from the death of his 37 yr old wife due to an aortic aneurysm. The plaintiff claimed that the decedant’s aneurysm was present in two echocardiograms interpreted by Mr. Petruccelli’s client, a well respected local cardiologist. The Plaintiff claimed that the aneurysm in the ascending aorta went undiagnosed and ruptured a few months after the echos were read. The defense claimed that the echocardiograms were properly interpreted through demonstration to the jury. During closing, Plaintiff’s asked the jury to award the husband and the children upwards of $15,000,000.00. The jury deliberated for 52 minutes after a 3 week trial, and returned a verdict on favor of Mr. Petruccelli’s client.

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Defense Verdict!

"Attorneys Michael Petruccelli and Steven Osher, in Fort Lauderdale, recently obtained a defense verdict in a medical negligence action in Miami-Dade County.  The case involved allegations of medical negligence against a local board certified neurologist stemming from medical care rendered to the patient in connection with TIA/stroke related symptoms at a community hospital.  The Plaintiff, a 68 year old male, claimed inadequate workup secondary to his stroke like symptoms which were diagnosed as a TIA.  The patient was stable on discharge from the facility after a carotid Doppler was read as showing no significant stenosis and the patient was hemodynamically stable.  Two weeks after discharge, the Plaintiff in that case suffered a major stroke with resultant permanent neurological disability.  At trial the Plaintiff claimed that further diagnostic studies such as a MRA or CT angiogram should have been ordered by the defendant neurologist which would have shown significant carotid stenosis, that could have been treated before the major stroke.  The defense contended that the clinical presentation of the patient coupled with the results of the carotid Doppler did not justify further workup by the neurologist before his discharge.  The trial lasted one week and the Plaintiff asked the jury for 4.4 million dollars in closing argument."