Raul Romaguera of Romaguera Law Group P.A. obtained a defense verdict for an emergency room nurse in a medical malpractice case involving a severe brain injury to a nine year old child. The child was brought into the emergency room of a community hospital suffering from severe diabetic ketoacidosis. While awaiting transport to a pediatric intensive care hospital, she suffered a stroke which left her permanently severely disabled. Plaintiffs, which included the parents of the child, alleged that the emergency room nurse over-hydrated the child in violation of doctor’s orders, failed to obtain repeat blood sugars and failed to report significant neurologic changes in the child, all of which led to cerebral edema and the infarct.
The defense countered Plaintiffs claims by offering expert testimony that the child was not overly hydrated and that the scientific evidence does not show that hydration plays any role whatsoever in cerebral edema. The defense also presented testimony and evidence that an emergency room nurse cannot, without a physician’s order or a standing order, order repeat blood sugars. Finally, Plaintiffs claim that the nurse failed to report significant neurological changes in the child were countered by noting that the changes the child was having, if any, were extremely subtle in nature, and that her pediatrician testified that he was at bedside throughout most of the evening and did not note any changes himself.
In the trial, which took three and a half weeks and included expert testimony of no less than twelve defense and plaintiff experts, the Indian River County jury deliberated for twelve hours before returning a defense verdict. The Plaintiff sought over $65,000,000.00 in damages which included a comprehensive life care plan for the child.
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Raul Romaguera of Romaguera Law Group P.A. obtained a defense verdict for an infusion company in a medical malpractice/wrongful death case. The Plaintiff was the husband of the 61-year-old decedent, who developed anaphylaxis during the administration of intravenous antibiotic therapy and fell into respiratory arrest. The Plaintiff alleged that the infusion company failed to have an anaphylaxis kit available during the administration of the medications that had been ordered. The defense of the case centered on the fact that the decedent's infectious diseases physician did not order an anaphylaxis kit and that the decedent had no known drug allergies after a long history of being administered multiple, similar antibiotics over many years without any allergic reactions. The defense also countered that the prevailing standard of care did not require that an anaphylaxis kit be present; if one was required, it was incumbent on her prescribing physician who ordered the medications to also order the kit. The infusion agency could not obtain the anaphylaxis kit without a physicians’ order. The defense did not allege or present any evidence that the prescribing physician fell below the standard of care. The Plaintiff asked for $1,800,000.00.
After eight days of trial in the Charlotte County Courthouse in Punta Gorda, Florida, and 80 minutes of deliberations, the jury returned a unanimous verdict for the defense.
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Raul Romaguera of Romaguera Law Group P.A. obtained a defense verdict on behalf of a long term care facility in Palm Beach County, Florida. The Plaintiff was the husband of a resident in a skilled nursing facility who had numerous unexplained bruises on her body and suffered a severe burn when she spilled a bowl of soup on herself. The resident suffered from end stage Alzheimer’s disease and was extremely combative with the staff who was trying to provide care.
After two weeks of testimony, including several experts, a Palm Beach County jury rejected Plaintiff’s request that the jury award $1,000,000.00 in total damages.
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Raul Romaguera of Romaguera Law Group, P.A. recently obtained a defense verdict for one of its clients in a negligence case. Plaintiff was an elderly woman who suffered from left sided weakness following a cerebral vascular accident. After the CVA, she required home health aides to provide for activities of daily living, including transfers and ambulation. One day while on a walk, Plaintiff became fatigued and requested the Defendant, her home health aide, provide a chair for her so she could sit down. According to Plaintiff, the home health aide was negligent because when she obtained the chair for her, the Defendant was talking on a cell phone, not paying attention and failed to properly guide Plaintiff to the chair, which resulted in her falling to the floor. The Defendant denied the allegations and indicated that she had properly guided her into the chair and was instructed by Plaintiff to go retrieve her wheelchair. The Defendant claims she left Plaintiff seated in the chair and turned and began walking away as instructed to go retrieve the wheelchair. Within a few steps, she heard Plaintiff yell out her name only to turn around and see the Plaintiff on the floor. Plaintiff suffered a fractured hip which eventually required a total hip replacement and had to be moved into an assisted living facility where she remains.
The defense of the case centered on the fact that Plaintiff had a very faulty memory due to her advanced age and cerebral insults. The case was complicated by the fact the home health aide had difficulty communicating in English as it was not her first language. Plaintiff attempted to paint the Defendant as an incompetent aide who was careless and unfit to provide Plaintiff with services. The Defendant countered Plaintiff’s allegations by pointing out that the Defendant had provided care for the Plaintiff for both long before and long after the incident giving rise to this lawsuit. The Plaintiff asked the jury for $750,000.00.
The jury deliberated for 37 minutes before returning a defense verdict after a three day trial in the Palm Beach County Courthouse in West Palm Beach, Florida.