Over the last six decades, our firm has changed. Today, our office makes the most of modern technology to expedite the research and litigation process and enable us to respond more quickly to our clients’ needs. But what sets us apart from other firms has not changed — it is and always has been our team. This group of seasoned professionals offers diverse strengths, but what differentiates us from others in our profession are the qualities we share — experience, expertise and energy to spare. Moreover, the members of our team share a sense of loyalty and dedication that is rarely found in today’s business world.
Some of our recent victories are listed below:
- Ralph Martinez and Wilbert Vancol won an appeal at Fifth District Court of Appeal on February 28, 2017. The appeal arose from a summary judgment obtained by Ralph Martinez in an underlying medical malpractice action. The plaintiff alleged that our client inappropriately prescribed ADHD medication, which caused a deterioration in the plaintiff’s psychiatric condition. The plaintiff appealed to the Fifth District Court to set aside the summary judgment.
- Ralph Martinez and Sam Dunaway were awarded a defense verdict in a five-day trial in Brevard County on February 24, 2017. The case involved the death of an 88-year old patient with a complicated medical history. The claim was the failure to diagnosis sepsis that caused the patient’s death. They represented the internal medicine physician. The testimony in this case involved issues of internal medicine, infectious disease, pathology and pulmonology.
- Mary Jaye Hall and Tom Dukes were awarded a defense verdict in a five-day trial in Brevard County on October 12, 2016. The case involved a brachial plexus injury following shoulder dystocia. They represented an obstetrician. In addition to obstetrical testimony the case involved issues in pediatric neurology, neonatology and physical medicine.
- Mary Jaye Hall and Tom Dukes won a Defense Verdict for an Interventional Neuro-Radiologist in a 9 day trial that ended on August 25. The claim arose from migration of endovascular coils resulting in a stroke. The case, tried in Brevard County, involved issues of Radiology, Neurology, Neurosurgery and Neuropsychology.
- Mary Jaye Hall and Tom Dukes obtained a defense verdict on Wednesday, June 22, 2016, for all three of their clients in a 13-day medical malpractice trial. They represented two pain management physicians and a nurse practitioner in a claim of alleged post surgical brain damage. The case involved issues of pain management, neurology, neuropsychology, neuro ophthalmology and forensic psychiatry.
- Mary Jaye Hall and Tom Dukes recently received defense verdicts for a doctor and Cape Canaveral Hospital in a two-week medical negligence case tried in Brevard County. The case involved claims of negligence regarding the management of a complex hematologic condition, resulting in the death of a sixty-year old man. The jury found that the nursing and physician care were appropriate. The case involved differing expert witness opinions in the areas of hematology, internal and hospital medicine and nursing. The jury returned their verdict on April 8, 2016.
- Tom Dukes secured a defense verdict for the Estate of the physician client in a ten-day trial in Seminole County. The verdict was returned on Monday, November 16, 2015. The case involved a dispute over the cause of the tragic death of a three-day old twin. The jury found that the doctor, a pediatrician, had acted appropriately, and also found in favor of the co-defendant hospital. The case involved complex issues of neonatal cardiac and lung physiology and involved experts in pediatric critical care, neonatology, pediatric pathology, forensic pathology, nursing and pediatrics.
- Tom Dukes and Philip Moring received a Defense Verdict for an emergency medicine physician and physician assistant in August of 2015. Plaintiff alleged that the defendants failed to obtain a chest x-ray to rule out pneumonia given that the patient met the SIRS Criteria and Sepsis. Following a 7 day trial, the jury found that the defendants acted appropriately and that there was no negligence.
- Ralph Martinez and Mary Jaye Hall obtained a Defense Verdict in August, 2015 for two South Florida Emergency Room Physicians. Decedent died from complications of brain hemorrhage caused by stroke. Throughout a 10 day trial, the defense demonstrated that her stroke was not diagnosable in the ER and her brain hemorrhage was not preventable.
- In 2014, Tom Dukes had a nineteen day trial that resulted in a Defense Verdict for our client, an anesthesiologist. The case involved the tragic death after C-section of a 37 year old mother who delivered twins. The Plaintiff’s theory of the case was that the patient died from unrecognized and uncontrolled bleeding. The defense argued that the patient died from amniotic fluid embolus, a rare, deadly , unpredictable and unavoidable condition associated with childbirth. The case was very complex, with experts in the fields of anesthesiology, critical care, obstetrics, pathology and economics.
- Tom Dukes and Ruth Osborne obtained a Defense Verdict for two Orlando based cardiologists in July of 2013. Plaintiff alleged that the doctors failed to perform a TEE and failed to timely diagnose and treat endocarditis resulting in the death of the patient, a 41 year old firefighter and father of two. Following an approximate 6 week trial, the jury determined that there was no negligence as to any of the defendants.
- Tom Dukes and Mark Ahrens obtained a Defense Verdict in January, 2013 in the case of a Brevard County Urologist. The Plaintiff filed suit 2 years after surgery in 2008. At trial, the Plaintiff failed to prove the doctor guilty of Medical Malpractice. The jury exonerated the physician of any wrongdoing.
- Ralph Martinez and Frank Bishop obtained a Defense Verdict in September, 2012 after a 4 week trial against an Orlando Orthopaedic Surgeon. The Plaintiff alleged the doctor had failed to diagnose a compartment syndrome of the hand. The Defense demonstrated that the injury was caused by subsequent unrelated infection. The jury returned a verdict of no negligence in favor of all defendants.
- Tom Dukes and Mary Jaye Hall obtained a Defense Verdict in January, 2012 in the case of a plaintiff seeking damages against a Brevard County Hospital for damage to her hand alleging malpractice on the part of the Hospital staff. A trial by jury found in favor of the defense with no negligence on the part of the Hospital staff.
- Ralph Martinez and Mary Jaye Hall obtained a Defense Verdict in June, 2011 in the case of an Orlando area OB/GYN. The Plaintiff suffered complications after contracting an infectious disease of the colon. The defense contended that the situation was not caused by the OB/GYN treating her for prenatal care at the time. The jury verdict determined that there was no negligence as to any of the defendants.
- Tom Dukes and Ruth Osborne obtained a defense verdict recently for a local physician in an obstetric malpractice case. The child was diagnosed shortly after birth with a brachial plexus injury which led to a permanent Erb’s palsy. The Plaintiff claimed that there was excessive lateral traction applied associated with the delivery and thus that the obstetrician was negligent. The defense contended that it was the forces of labor which accounted for the injury, and not any wrongdoing by the obstetrician. The jury verdict exonerated the physician of any wrongdoing. (January, 2010)
- Tom Dukes and Pamela Padilla obtained a defense verdict in August, 2009, in the case of an Orlando Pulmonologist accused of negligence in a patient who died from complications after bronchoscopy.
- Tom Dukes obtained a defense verdict in Brevard County for an OB/GYN physician on a wrongful death case after a 12-day jury trial in June, 2009.
- John McEwan and Tom Dukes obtained a defense verdict in Brevard County for an Emergency Room physician after an eleven day jury trial in January, 2009.
- Tom Dukes and Mark Ahrens obtained a summary judgment for a Lake county neurologist in a claim arising out of a patient’s suicide.
- Ralph Martinez received a defense verdict while representing the University of Florida in a case involving a quadrapleagic after a three week trial.
- Ralph Martinez and Tom Dukes received a defense verdict for two Brevard County Pediatricians in a case involving shock after surgery to correct a congenital heart defect.
- In the last six years, McEwan, Martinez, Dukes & Hall, P.A. has earned more than 50 defense verdicts in complex medical malpractice cases.