Senior Man’s Family Settles Lawsuit Against Community Hospital in Wrongful Death Case
At 76-years-old, Victor Martinez underwent colon surgery to remove a cancerous mass at a community hospital. [i] In the days following the surgery, Victor went into septic shock. However, by the time he was brought back to surgery, the surgeon couldn’t save him.
Victor’s family, represented by Brett Panter and David Sampedro, pursued a complex medical malpractice case against the hospital. The family claimed that Victor was deteriorating the days following surgery and he did not receive the proper post-operative care. They also contended that the defendants all contributed to a lack of observation and a lack of diagnosis of “free air” in the patient’s abdomen, which is also known as peritoneum or abscess, which caused the patient to go into septic shock.
The case was defended vigorously by the community hospital, surgeon, radiologists, and other doctors. The defense argued that post-operative care was appropriate and that the community hospital was not liable for the radiologists. The family, in turn, argued that even if they were not vicariously liable for the radiological care, that they were liable for their nurses failing to promptly diagnose the problem and promptly notify the doctors. The doctors defended at least, in part, by claiming that they were never properly, completely, and adequately notified of the patient’s condition. The defense was also to argue and assert that the plaintiff had colon cancer, which may have affected his life expectancy.
The case proceeded to mediation and did not settle. The parties continued to work on preparation for trial and on the Friday before the Monday in which the trial was scheduled to begin, the matter was settled with all defendants for a confidential amount. By agreement of the parties the terms and further details of the settlement cannot be disclosed.
The plaintiff retained surgical, radiological, internal medicine, and nursing experts from around the country, all of whom were deposed and the defense had a similar cast of experts. All discovery in this matter was completed which included 13 fact witnesses and 5 expert witnesses that came from many areas of specialty, including but not limited to radiology, cardiology, internal medicine, surgery, pulmonology, and nursing.
The names of all parties have been changed to protect their confidentiality.
Brett Panter, Mitch Panter, and David Sampedro Selected to the 2017 Florida Super Lawyers list
Panter, Panter & Sampedro, P.A. is proud to announce that Brett Panter, Mitch Panter, and David Sampedro have been selected to the 2017 Florida Super Lawyers list, an honor reserved for those lawyers who exhibit excellence in practice.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Only 5 percent of attorneys in Florida receive this distinction.
Here in South Florida, swimming is a normal activity year-round for both kids and adults. Taking in dip in the ocean or doing a cannonball into the pool should be fun and carefree, but as we all know, the dangers of drowning are always present. What you may not know, however, is about the risks of secondary drowning and dry drowning.
Unfortunately, a recent tragic incident in Texas that involved the death of a four-year old boy, Frankie Delgado, made national news bringing increased awareness to secondary drowning. The young boy was not in the water when he died, but his last breath actually occurred several days after spending time in the water. Though it is tragic, his story serves to remind us about the dangers of this type of drowning.
Panter, Panter & Sampedro and South Miami Kendall Bar Association Announce Annual Scholarship Winner
Panter, Panter & Sampedro, P.A. (PPS) together with the South Miami Kendall Bar Association (SMKBA) announced the recipient of their annual high school scholarship this week, Zachary Rouviere.
Rouviere, a senior at Miami Palmetto Senior High School, was presented with the community-based $1,000 scholarship during the school’s annual awards banquet at Pinecrest Gardens. He will attend the University of Florida and study computer engineering.
To qualify for the scholarship, the student must have a cumulative unweighted GPA of 3.0 and have achieved a single-sitting SAT score of 1100 or higher or a minimum total score on the ACT of 25. The student must also be an active member of his or her school community.
During his time at Miami Palmetto Senior High School, Rouviere earned numerous accolades including Silver Knight Nominee for Digital Media; Most Outstanding Television Production Student; first place overall in the Chemathon Olympiad; Most Valuable Player on Varsity Cross Country; Scholar Athlete nominee; and District Nine Town Hall Award for Academics and Citizenship.
“Zach’s commitment to his education, the school, and his community is nothing short of exceptional,” said Mitchell Panter, managing partner at PPS. “It is an honor to support students like Zach who go above and beyond to not only achieve their goals, but to help others in our community as well.”
|NOTE: The accounts of recent trials, verdicts and settlements contained in this newsletter are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case.
|Panter, Panter & Sampedro, P.A., is an A.V. rated law firm comprised of highly experienced trial lawyers with more than 86 years of combined experience. The firm welcomes referrals from other lawyers and honors the Florida Bar rules related to referral fees. Panter, Panter & Sampedro, P.A., is dedicated to protecting Florida’s families in the areas of catastrophic injury and wrongful death when dealing with personal injury, premises liability, medical malpractice, nursing home neglect, product liability, aviation, defective medical devices, and mass tort.
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Bair Hugger Warming Blankets
Bard IVC Filter
(Heart and Lung Perforation Hemorrhagic Pericardial Effusion)
(Chronic Diarrhea Nausea and Vomiting Sprue-Like Enteropathy)
Bisphosphonates – Boniva and Fosamax
Fluroroquinolone Antibiotics – Levaquin, Cipro, Tequin, and Avelox
Januvia, Janumet, Byetta, and Victoza
(Pancreatic Cancer Thyroid Cancer)
Laparoscopic Power Morcellator
Metal-on-Metal Hip Implants – DePuy, Zimmer, Biomet, and Wright Medical
(Device Failure and Loosening Inflammatory Response Metallosis)
(Device Migration, Organ Obstruction, Organ Perforation, Peritonitis, Device Erosion)
Propecia and Proscar
(Sexual Dysfunction, Male Breast Cancer)
Stryker Rejuvenate, ABG II, and Accolade Hip Implants
(Premature Device Failure, Metallosis, Inflammatory Response)
(Blood Clots, Heart Attacks, Stroke)
Transvaginal Mesh, Bladder Slings, and TVT Tape
(Tissue Erosion and Device Failure)
Xarelto and Pradaxa
(Uncontrollable Bleeding Death)
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