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McEwan, Martinez, Dukes, Hall & Vancol, PA McEwan, Martinez, Dukes, Hall & Vancol, PA
108 E. Central Boulevard
Orlando, Florida 32801
Home / Verdicts

Our Results

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:

On April 2, 2024, Ralph Martinez and Zack Trapp obtained summary judgment on behalf of a hospitalist in a medical malpractice action located in Gainesville. The Plaintiff alleged our client, among others, failed to timely diagnose and treat bowel ischemia. During the course of discovery, we were successfully able to prove that our client met the standard of care by sufficiently examining the patient and consulting specialists. Plaintiff’s Counsel ultimately agreed our client’s treatment was appropriate, and did not oppose our motion for final summary judgment.


On June 9, 2024, Zack Trapp and Tom Dukes obtained a Summary Judgment for a Defendant in a Volusia County Medical Malpractice case.  The Defendant was a physician in a rehabilitation facility.  Due to an alleged mix-up in paperwork the patient had an arrest event and no attempt at resuscitation was made.  The Trial Court determined that our client was not negligent in her treatment of the patient and the handling of the paperwork, and granted final summary judgment.


On May 29, 2024, Tom Dukes and Dhillon Ramkhelawan obtained final summary judgment for a local high school in Orange County. The lawsuit surrounded a wrestling match at our client’s high school where one of the competitors pushed his opponent into the stands injuring Plaintiff. Plaintiff argued the setup of the wrestling mats were negligently close to the bleachers. The Court agreed that Plaintiff did not provide any record evidence that the setup of mats in relation to bleachers constituted a dangerous condition and that our client did not violate any state or national athletic guidelines. The Court also agreed that even if the set up was to be considered a dangerous condition, it was an open and obvious condition.


On March 29, 2024, Ralph Martinez and Dhillon Ramkhelawan obtained a final order of dismissal for a podiatrist in Charlotte County in a medical malpractice action. Plaintiff filed a voluntary dismissal ahead of the hearing on our Motion for Final Summary Judgment. March 29, 2024. Plaintiff negligence against our client for care related to an ulcer on her right big toe. Plaintiff claims we should have identified an infectious process with the ulcer and ordered antibiotics which would have prevented her from developing osteomyelitis and the amputation of her right big toe. In our Motion, we argued Plaintiff produced no record evidence of negligence on the part of our client. We also had strong support from podiatric and infectious disease experts who signed affidavits in support of our MSJ indicating that the ulcer did not have any signs of infection while Plaintiff was being treated by our client.


On January 24, 2024, Ralph Martinez and Dhillon Ramkhelawan obtained summary judgment in a premises liability case in which we represented a multi-specialty medical practice in Brevard County. Plaintiff alleged she tripped and fell on a dangerous object on our client’s premises while she was on the way to a doctor’s appointment. We argued that Plaintiff failed to provide any record evidence for which a jury could conclude that our client breached any duty it owed to its patrons. Specifically, we argued that the record was devoid of any evidence that our client had actual or constructive notice of the alleged dangerous condition. The Court agreed with our arguments and ordered a final dismissal of the case against our client.


Ralph Martinez, Mary Jaye Hall, and Kelsey Weiss obtained a defense verdict on January 19, 2024 for a Marion County cardiologist. The case involved alleged failure to diagnose endocarditis resulting in embolic strokes. Our team presented the jury with the two-pronged, thorough approach taken by our client to care for this patient and utilized the testimony of our client, fact witnesses, and experts in the fields of cardiology, neurology, infectious disease, and neuro-radiology to explain the complex medicine involved. After a two-week trial, the jury concluded there was no negligence on the part of our client.


On January 17, 2024, Ralph Martinez and Dhillon Ramkhelawan were successful in arguing a motion to dismiss in Orange County for our client, who was a dentist. Plaintiff alleged medical negligence related to dental care on two of her front teeth that had previously broken off. We argued that the Plaintiff’s case should be dismissed with prejudice because she did not go through the mandatory presuit process and the case was now outside the statute of limitations for medical malpractice cases. The Judge agreed with our arguments and entered a final dismissal of the case against our client.


On November 6, 2023, Ralph Martinez, Zack Trapp and Dhillon Ramkhelewan obtained a dismissal, with prejudice, of a medical malpractice action against our client, who was a podiatrist in the Florida Keys. We were successful in arguing that under the specific facts of the case, our client treated the Plaintiff solely through a State-run volunteer program, and thus the State of Florida was an indispensable party. The Court agreed Plaintiff was required to include the State as a party to the lawsuit, and because Plaintiff failed to do so dismissed the action.


Tom Dukes gave the prosecution opening statement in the mock St. Valentine’s Day murder trial of Al Capone for the American College of Trial Lawyers Young Lawyers Boot Camp on Friday, June 2, 2023.


Dhillon Ramkhelawan and Tom Dukes obtained a dismissal for an Orlando ophthalmologist on June 13, 2023. The claim stemmed from an elective procedure that included both cataract removal and vision correction components. The case was ultimately dismissed due to the Plaintiff’s failure to comply with the statutory presuit requirements that need to be completed prior to filing a lawsuit based on medical negligence in Florida. Namely, the case was dismissed because the Plaintiff failed to serve our client with a Notice of Intent and/or a corroborating affidavit from another qualified ophthalmologist.


Tom Dukes and Mary Jaye Hall were part of the faculty for the Florida Trial Lawyers’ Section of The Florida Bar’s Advanced Trial Academy from Tuesday, May 16 through Saturday, May 20, 2023. They gave the faculty demonstration opening statement for the Defendant.


In May 2023, Tom Dukes obtained summary judgment for a Seminole County OB/GYN. The court agreed with the defense that the plaintiff had not developed proper evidence to support her claims arising from a hysterectomy and posterior repair procedure, and disposed of the case in favor of the physician before trial.


Mary Jaye Hall and Zack Trapp obtained a complete dismissal for a cardiologist in Broward County on November 21, 2021. This was a complex medical malpractice action involving multiple parties that arose from a heart failure incident following birth. Mary Jaye Hall and Zack Trapp argued that there was no genuine issue of material fact that our client was not negligent, and ultimately the opposing party agreed and dismissed our client with prejudice prior to trial.


Tom Dukes and Zack Trapp obtained a Summary Judgment for a cardiologist in Orange County on September 6, 2022. This was a complex medical malpractice action involving multiple parties that arose from a surgical procedure and postoperative anticoagulation therapy. Tom Dukes and Zack Trapp argued that there was no genuine issue of material fact that our client was not negligent. The trial court agreed and granted our client summary judgment as a matter of law.


Ralph Martinez, Wilbert Vancol and Dhillon Ramkhelawan got a defense verdict for a Palm Beach County physician in a 13-day medical malpractice trial, which ended on November 7, 2022. The patient, who had four prior surgeries to her ankle, developed a full-thickness wound after the fifth surgery, which was performed by our client. The plaintiff alleged the wound was secondary to a thermal injury caused by a radio frequency device utilized during the arthroscopic portion of the surgery. Liability was strongly contested as it was believed the delayed wound healing was due to the patient’s underlying vascular compromise and not due to any alleged negligence. After the nearly three-week trial, it took the jury only an hour to return a verdict on behalf of our client. The jury concluded there was no negligence on the part of our client.


David Zika and Tom Dukes got a defense verdict on Friday, November 4, 2022 for a Brevard County orthopedic upper extremity specialist. The case involved an alleged failure to remove a bone anchor after failed rotator cuff surgery. The claim was that the failure to remove a loose anchor from the rotator cuff caused further failure of the rotator cuff, arthritis and the likely need for shoulder replacement. The jury found that our client was not negligent after a five day trial. The case involved experts in neuroradiology and orthopedics.


Tom Dukes and Zack Trapp obtained a Summary Judgment for a cardiologist in Orange County on September 6, 2022. This was a complex medical malpractice action involving multiple parties that arose from a surgical procedure and postoperative anticoagulation therapy. Tom Dukes and Zack Trapp argued that there was no genuine issue of material fact that our client was not negligent. The trial court agreed and granted our client summary judgment as a matter of law.


Ralph Martinez and Wilbert Vancol obtained a Defense Verdict on behalf of their client, a rural family practice clinic, in a four-day trial in Alachua County on August 11, 2022. The case involved a cerumen removal procedure. The jury found there was no negligence by our client. The case involved experts in otolaryngology and nursing.


Zack Trapp and Tom Dukes got a defense verdict for a Lake County physician in an eight-day medical malpractice trial which ended on September 15, 2022. The Defendant was a hospitalist. The patient, who had advanced lung disease, had an arrest event. Among the issues was the cause of the arrest event and whether our client could have reasonably predicted or prevented it. The jury found there was no negligence by our client. The case involved experts in pulmonary medicine, internal medicine, infectious disease and critical care medicine.


Zack Trapp and Tom Dukes got a defense verdict in a six-day trial which ended on Monday, August 29, 2022. Their client was an OB/GYN. The claim was for an unconsented to hysterectomy with alleged subsequent medical problems. The case involved experts in obstetrics and gynecology and urology.


David Zika and Tom Dukes got a defense verdict for a Lake County neurologist in a ten day trial which ended on Friday, February 18, 2022. The claim was that the neurologist failed to determine the cause of spinal cord stroke in a 59-year old man, which would have allowed earlier treatment and prevented his death. The case featured expert testimony of neurology, neurosurgery, nephrology and urology. The jury determined that there was no negligence and the Defendant physician was exonerated.


Wil Vancol and Tom Dukes got a Summary Judgment for two Panama City OB/GYN providers on February 14, 2022. The case arose from a stillbirth. The claim was that the obstetric providers had failed to recognize and act upon fetal tachycardia and placental abruption. The summary judgment meant that the court ruled as a matter of law that that there was no negligence by either physician.


Mary Jaye Hall and Zack Trapp obtained a complete dismissal for a cardiologist in Broward County on November 21, 2021. This was a complex medical malpractice action involving multiple parties that arose from a heart failure incident following birth. Mary Jaye Hall and Zack Trapp argued that there was no genuine issue of material fact that our client was not negligent, and ultimately the opposing party agreed and dismissed our client with prejudice prior to trial.


The 2nd DCA has affirmed per curiam the defense verdict Tom Dukes and Philip Moring obtained in Polk County in a case tried June 24 through July 2, 2019. The case alleged a delay in surgery by the Defendant physician leading to death. The appellate decision means the doctor is exonerated and there is no further appellate avenue for the Plaintiff.


On November 25, 2020, Tom Dukes and Zack Trapp obtained an Order of Dismissal by the Florida Board of Dentistry on behalf of our client, a dentist in Kissimmee. This was a formal administrative Department of Health investigation in which the Department alleged our client improperly placed crowns on the petitioners upper teeth. Zack Trapp argued to the Board that the treatment plan was appropriate and that the care was above the standard of care for a dentist placing crowns. The Board ultimately agreed with the argument and entered an Order completely dismissing all claims against our client.


Jennifer L. Phillips obtained a summary judgment in favor of her emergency medicine physician on Sept. 2, 2020. The claim involved an alleged Federal civil rights violation against an emergency medicine provider for a single visit to a local emergency department concerning a shoulder injury. The court assumed that even if the physician was a state actor for purposes of a civil rights claim, that the Plaintiff did not present facts to demonstrate that the physician did not provide care which amounted to a deliberate indifference to the patient’s serious medical needs. The court noted that the physician was not responsible for the patient’s long-term care and an allegation of simple misdiagnosis does not rise to the level of a civil rights violation.


Ralph Martinez and David Zika obtained a Defense Verdict on behalf of a podiatrist in a five-day jury trial in September, 2019. The case involved a patient with a recurring bunion. The claim was that the physician used an improper surgical technique. The Defense retained one of the world experts in bunion surgery and demonstrated to the jury that the doctor’s care was appropriate and in keeping with the leading techniques in podiatric foot surgery. The jury returned a unanimous verdict in favor of the Defense.


Mary Jaye Hall and Tom Dukes obtained a defense verdict for Health First Medical Group, LLC in an eight-day trial ending in November, 2019. The case involved Gentamicin toxicity in patient with a devastating ankle fracture. The claim was that the trauma team failed to appropriately wean the patient from Gentamicin, which has potential vestibular issues as a known complication. The defense was that Gentamicin was necessary to save the patient’s foot after a severe open comminuted fracture. The case involved issues of orthopedic and trauma surgery and infectious disease. The case had been tried in 2015 to a hung jury. The jury determined there was no negligence by any of the Defendants we represented.


In November, 2019, Attorneys Wil Vancol and Tom Dukes obtained a dismissal of a medical malpractice case against a Defendant Orthopedic Surgeon for Plaintiff’s failure to properly comply with presuit screening rules. The Plaintiff’s presuit screening affidavit was from a plastic surgeon, a different specialty. The Fifth District Court of Appeal found that the Plaintiff’s presuit investigation was not in good faith. The case involved an evidentiary hearing at the trial court level, an opinion from the Fifth District Court of Appeal and a subsequent decision by the trial court as to the constitutionality of the statute in question.


Philip Moring and Tom Dukes obtained a defense verdict in a seven-day wrongful death medical malpractice case which ended on Tuesday, July 2, 2019. The claim of negligence, rejected by the jury, was for alleged failure of a general surgeon to operate on postoperative bleeding in timely fashion.


Tom Dukes and Mary Jaye Hall obtained a Defense Verdict in a case tried for ten days in Osceola County, which ended on Friday, April 13, 2018. They represented an obstetrician in a claim of negligence associated with the delivery of a child who had a brachial plexus injury. The case involved expert testimony in obstetrics, pediatric neurosurgery and pediatric orthopedics. The jury concluded that there was no negligence.


Mary Jaye Hall and Wilbert Vancol won an appeal at the Fifth District Court of Appeal on March 29, 2018. The underlying case, which was also handled by our firm, involved claims of negligence in the management of a complex hematologic condition. After a two- week trial, Ms. Hall and Tom Dukes, on April 8, 2016, received a defense verdict in favor of a doctor and Cape Canaveral Hospital. The trial judge subsequently granted the plaintiff’s motion for new trial. On appeal, Ms. Hall and Mr. Vancol challenged the propriety of the trial court’s order. After considering the written briefs submitted by the parties and the legal and factual points raised at oral argument, the appellate court reversed the trial judge’s order and reinstated the jury verdict in favor of our clients.


In March, 2018, Mary Jaye Hall and Zack Trapp received summary judgment for two Kissimmee pediatricians in a lawsuit involving the unfortunate death of a newborn. The claim was for failure to treat the baby’s left hypoplastic heart disease. The Osceola County Court granted our motion for Final Summary Judgment finding there was no evidence to support negligence by our clients in their care and treatment of the newborn.


Jennifer L. Phillips obtained a summary judgment on behalf of her emergency medicine physician on Feb. 22, 2018. The claim involved an alleged civil rights violation against the emergency medicine provider for an emergency department visit four days after the patient injured his hand in a penal facility. During the emergency department evaluation the physician recommended orthopedic follow-up within 5 days which did not occur until approximately five weeks after returning to the prison. The Court determined that the Plaintiff had not established evidence that the emergency physician was a federal actor for purposes of a civil rights violation, resulting in summary judgment.


Tom Dukes and Ruth Osborne recently received a summary judgment for a Kissimmee dentist in the tragic death of a young patient. The court ruled as a matter of law that there was no duty owed by our client despite the presence of a consent form the patient’s mother had filled out which named him as a supervising dentist.


Tom Dukes and Zack Trapp were successful in obtaining summary judgment for a Dermatologist in Seminole County on December 18, 2017. The claim centered upon care of a patient who received Blue Light treatment for keratosis and squamous cell carcinoma of the scalp. The Court granted our motion for Final Summary Judgment finding there was no issues of fact suggesting negligence by our client.


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 Orthopedic 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 & Vancol, PA has earned more than 50 defense verdicts in complex medical malpractice cases.