The Fifth District Court of Appeals issued a lengthy Order affirming a summary judgment previously obtained by Jennifer Phillips for an ED physician in a medical malpractice wrongful death claim.
On January 30, 2026, the Fifth District Court of Appeals issued a lengthy Opinion affirming a summary judgment previously obtained by Jennifer Phillips for an Emergency Department Physician in a medical malpractice wrongful death claim. The underlying litigation concerned the presentation of a 2 month old infant to an emergency department in Sumter County, Florida for complaints of a cough for several days. During discovery, the Plaintiff tried to prove that the physician’s failure to order an antibiotic to treat whooping cough approximately 24 hours before the diagnosis was ultimately made more likely than not caused the child’s death. Defense counsel successfully argued a summary judgment motion to exclude five Plaintiff’s causation experts’ opinions on the basis of Daubert, arguing that the opinions raised were not scientifically reliable nor would they assist the jury in determining whether a delay in antibiotics more likely than not caused the child’s death. In a thorough written opinion, the appellate court ruled in favor of the defense, affirming the summary judgment decision of the trial court.
Archived Video Oral Argument Sessions / Oral Arguments – – Fifth District Court of Appeal
