Case Results and Verdicts

In October 2018, Stacey K. was involved in a rear-end collision in Walton, Florida, while taking her children to school.

The impact pushed her into a truck, causing severe injuries and no harm to her children.

The responsible driver was a nurse with Esurance insurance, which offered $100,000 initially.

Sue Them requested an affidavit from the nurse and discovered that she may have been returning from work, which involved workers’ compensation benefits.

Sue Them notified the nurse’s employer and demanded the policy limits.

After failed negotiations with Zurich American Insurance Company, a lawsuit was filed.

In 2019, it was discovered that the nurse was exhausted from working several shifts in a row and had no memory of the accident.

A second-time limit lawsuit was filed based on the nurse’s testimony.

A check for $1,000,000 and an additional offer of $125,000 were received one day before expiration.

The total Settlement was $1,125,000.

A jury awarded $441,795 to Donna Richards-Gibson, a 55-year-old chef after she was struck by a Florida Power & Light (FPL) truck in 2014.

Richards-Gibson suffered neck and back injuries, requiring cervical and lumbar fusion surgeries.

FPL argued that the injuries were not caused by the accident, but the jury determined otherwise.

FPL, self-insured, only offered $25,000 before the trial.

The court found FPL 100% liable and awarded damages as follows:

• $189,594.86 in prior medical care
• $192,000 in past pain and suffering
• $57,000 in future pain and suffering

An older woman in her 60s slipped and fell into a puddle of water inside a public bathroom inside a medical office building in Hialeah. 

Sue Them resolved the matter confidentially before filing a lawsuit.

Two lobstermen lost hundreds of lobster traps and related equipment after a fire started at Florida Tripe Marina. The fire was caused by the owner’s alleged negligence in allowing illegal improvements to the property.

The two fishermen recovered during a comprehensive mediation with other plaintiffs through aggressive litigation, filing a lawsuit, and pushing for trial. 

Although it was done confidentially, both clients recovered all losses.

Jacksonville Tractor Trailer Driver Confidential Settlement v. a pedestrian who had shown up at the Duval Circuit Court. 

The client, a long-haul trucker based in South Florida, was struck in the parking lot of a 

distribution center by a tractor-trailer and required knee and spine surgery. 

Sue Them was hired as trial counsel and resolved the matter shortly before the trial began. The previous representative was never offered a significant amount of money.

A low-speed car accident resulted in back surgery for the client. Prior to the trial, the previous attorney received no significant offers. 

Sue Them took over the case and settled it for $550,000 on the Friday before trial.

7-Figure Confidential Settlement: The client, accompanying his mother in the emergency room, tripped over a wheelchair hidden behind a curtain, improperly left by a hospital worker. 

He fractured his pelvis and required surgery. 

Sue Them prepared a life care plan since the accident, which occurred when she was over 50 years old, left her with a limp, constant pain, and the need for a cane. 

It will require additional surgeries and ongoing care. The firm obtained summary judgment on liability, leaving only damages for trial. After extensive litigation, the defendant agreed to pay the policy limits.

A Miami Dade Water & Sewer employee was struck by another vehicle on his way to work, suffering injuries to his knee and spine. 

The defendant’s insurer denied liability, citing pre-existing conditions. At trial, the jury found the defendant 100% liable and awarded the plaintiff compensation for medical expenses, pain and suffering, and lost overtime earnings.

On April 27, 2009, María Elena Espinosa, 45, consulted Dr. Basil Yates about a small mass on her scalp. An MRI revealed a tumor in the skull, and Dr. Yates scheduled surgery at Hialeah Hospital on May 13, 2009. 

Preoperative tests showed protein in the urine and an abnormal EKG. Espinosa died during surgery due to blood loss and blood pressure. An autopsy revealed he had multiple myeloma, which did not require surgery. Her husband and two minor children survived her.

Jorge P. Gutierrez, Jr. obtained a verdict against two uninsured neurosurgeons, recovering over $3,000,000 through bank liens. Gutierrez netted more than $5.5 million for the family due to medical malpractice.

Broward County Firefighter was struck while leaving the scene of an accident by a limousine whose driver was under the influence after drinking all afternoon. 

He had to undergo several back surgeries and was unable to return to work.

A 22-year-old man was involved in a car accident with a driver insured by State Farm with a $50,000 policy. State Farm made no offer before the trial. 

Jorge P. Gutiérrez Jr. was hired as co-counsel and obtained a verdict more than 300 times the initial offer. State Farm paid the entire verdict within ten days to avoid further costs and expenses due to bad faith.

The plaintiff was involved in an automobile accident with an individual who had only a $10,000.00 policy with Geico, which was never offered prior to trial. 

The jury’s verdict was reached at 20 times the insurance limits.

The customer bought a bottle of wine at a grocery store, and when she got home, the bag burst, cutting her Achilles tendon. 

He required surgery and extensive physical therapy, resulting in permanent limitations. He sued the supermarket chain and the bag manufacturer. The case was settled shortly before trial.

A tenant suffered significant neck injuries and required multiple surgeries when her ceiling light collapsed due to a buildup of water due to a lack of air conditioning maintenance in her apartment. 

A hospital nurse treated an employee presenting with stroke symptoms in the hospital’s health care office. 

She was sent home but returned to the emergency room the next day due to a stroke. This resulted in a permanent disability that prevented him from returning to work.

After a 5-year-old boy placed a foreign object inside his ear, an emergency room doctor punctured the child’s eardrum after attempting to remove it instead of sending him to an otolaryngologist with the experience and equipment necessary to remove the object safely.

The defendant was a restaurant with a weekend event requiring off-site parking. 

His employee illegally parked a golf cart on a public road and ordered an oncoming driver to cut in front of a customer who was on his motorcycle. 

The primary injury was a detached triceps, which affected his daily living and employment activities.

Agreement with a national pharmacy chain, resulting from a significant drop in parking at this location. The client required neck surgery, as well as several hand surgeries.

Confidential Settlement with a South Florida obstetrics and gynecology group after the group failed to offer amniocentesis to a mother of advanced maternal age. 

The mother gave birth to a child with a chromosomal abnormality that would have been discovered if the procedure had been performed at the right time.

The Settlement with a South Florida hospital and its radiologists after several x-rays were misread, missing fractures and dislocations, causing a delay in surgery and permanent injuries to the dominant hand.

Confidential Settlement with a South Florida hospital after a patient suffered third-degree burns to his right hand as a result of IV potassium chloride infiltration following cardiac surgery.

A 50-year-old man suffered a heart attack and went to hospital for treatment, where it was discovered he had a septal defect requiring urgent surgery. 

During her recovery, she developed Heparin-Induced Thrombocytopenia (HIT) due to the continued use of this medication, which was not diagnosed in time by specialists or nurses despite showing apparent symptoms. 

This led to an above-knee amputation of his right leg due to a delay in proper treatment.

Malpractice fetal death case against Emergency Room doctor as a result of an undiagnosed hematoma on the left leg, resulting in anemia and death of the baby.

An initial settlement was reached with the hospital, which admitted liability before the lawsuit and requested arbitration. 

The mother, hospitalized for premature labor, was not seen by the perinatologist despite being called repeatedly during the night. The Settlement with the doctors was reached before the trial, and insurance limits were exceeded.

A 52-year-old woman suffered a severe allergic reaction to contrast material during a CT scan at the hospital’s diagnostic center. 

The facility needed proper procedures, a crash cart, and a radiologist present to handle the situation. 

She spent five weeks hospitalized and underwent multiple surgeries, including the removal of her thyroid. 

The hospital agreed to a settlement before the trial, while the radiologist and his team did so after jury selection during the trial.

A single 19-year-old man with a family history of cancer was treated in two different emergency rooms for months for rectal bleeding. 

Finally, after becoming frustrated with previous diagnoses, he went to Jackson Memorial Hospital, where he was immediately diagnosed with rectal cancer.

A settlement was reached with the two hospitals and their emergency physician groups for failing to correctly identify, diagnose, and treat the cancer.

A 32-year-old married man underwent surgery to repair an inguinal hernia. During the procedure, the doctor cut off the blood supply to the testicle, causing it to atrophy. 

This complication was not detected in time, resulting in the testicle’s loss. The Medical Center, the Surgery Group, and the doctor involved reached an agreement.

A 50-year-old woman had complications after gallbladder surgery. The general surgeon referred her to a gastroenterologist, who performed ERCP immediately rather than considering other diagnoses. 

During the procedure, the gastroenterologist punctured his duodenum, causing retroperitoneal fluid retention. 

During the next eight weeks of hospitalization, she developed an undiagnosed deep vein thrombosis (DVT) and was permanently disabled.

After the lawsuit, the gastroenterologist paid above the policy limits, while the surgeon was settled confidentially later.

The family called 911 in the early morning because their mother was complaining of chest pains. 

Despite the call, paramedics should have taken her to the local hospital or obtained her signature on the transportation refusal form. 

Shortly after, the family called 911 again when the woman lost consciousness and died before paramedics could take her to the hospital.

A World War II veteran lost 92% of his hearing in his left ear because an audiologist did not correctly take an impression, leaving material inside his ear. 

Surgery was necessary to remove it. The case was settled confidentially on the second day of the trial after a mistrial motion was granted to the plaintiff.

A 54-year-old woman slipped and fell on a freshly waxed floor in an employee cafeteria. 

Due to the maintenance company’s lack of proper training, waxing was performed during business hours without warning signage. 

As a result, he suffered permanent paralysis of his right leg from the knee down. His treatment included four weeks of hospitalization at the Rosomoff Pain Management Center at South Shore Hospital. He was unable to return to work and required a walker or cane for the rest of his life.

An 86-year-old former Olympic figure skater was brutally raped by an intruder in her mobile home overnight. 

The trailer park, recently acquired by a municipality for redevelopment, had been a hotbed of criminal activity with inadequate security measures. 

A settlement was reached within the legal limit during the pretrial period, following consultations with the client and a lobbyist to handle the lawsuits. 

Given her concerns about her health and advanced age, the client preferred to use the money immediately to move out of the park rather than wait for the resolution of a protracted litigation.

A 40-year-old man was in a single-vehicle accident while on his way to work as a security guard. 

We investigated the circumstances of the incident after ruling out alcohol or drugs as causes. The vehicle left the road, caught fire, and suffered severe burns to 60% of his body, ultimately resulting in his death weeks later.

Despite the vehicle’s age, we recovered all available uninsured motorist coverage in a prior lawsuit, using the ghost vehicle theory with witness affidavits.

A 60-year-old man suffered severe burns when a treadmill caught fire in his Hialeah condo, destroying his belongings. 

We sued the manufacturer and distributor in US District Court for injuries and property loss. The case was settled confidentially just before trial at a conference with the Magistrate Judge.

A 5-year-old boy suffered a spiral humerus fracture on a summer camping trip when his arm became caught in a rotating cup. 

We discovered that the operator had built the equipment to save money rather than purchase safe equipment from a reputable manufacturer, failing to meet state and federal safety standards that could have prevented the injury.

Amoco c. Gómez, 379 F.3d 1266 (Circular 11, 2004)

We successfully defended a fuel station franchise in litigation against a major oil company. 

After five weeks of trial in the United States District Court for the Southern District of Florida, a favorable jury verdict was obtained, awarding contractual damages based on the franchise counterclaim.

We represented two groups of ophthalmologists seeking several million dollars from a Florida HMO for improper and missed payments over five years. 

Working with expert accountants, we reconstructed payment records that evidenced fraud and repeated failure to pay monthly amounts due. 

The case was brought to arbitration through AHLA after agreeing with the plaintiffs’ case leader during a mandatory week-long conciliation before a single arbitrator.