December 16, 2025

PENSACOLA – Pensacola Partner Michael Kehoe and Associate Brian Norback secured a complete defense verdict for a plastic surgeon facing a $5 million global demand in a complex medical malpractice lawsuit. The jury found no negligence on the part of the defendant surgeon on all claims.

Overview of the Case

The case involved a patient who claimed negligence on the part of the defendant surgeon during a prolonged surgical procedure, resulting in a severe, permanent brachial plexus injury to the patient's right arm and hand. All other defending parties (hospital, anesthesia group) had previously settled, leaving the QPWB client as the sole defendant at trial.

Key Difference-Makers

• Michael Kehoe – Partner, Pensacola Hub
• Brian Norback – Associate, Pensacola Hub

Claims Made Against Our Client

The claims focused on two primary areas of alleged negligence. First, the Plaintiff claimed failure to obtain proper consent for the use of foreign material that was later associated with an infection. Second, and more significantly, the Plaintiff alleged breach of the standard of care during the prolonged 8-hour surgery, claiming the surgeon's conduct resulted in the patient sustaining a severe, permanent brachial plexus injury due to poor positioning or monitoring.

Defense Strategy

The defense strategy was detailed and targeted the allocation of responsibility in the operating room. QPWB’s approach focused on two key areas: emphasizing the detailed and proper consent process used by the surgeon to completely rebut the initial claim. Critically, the strategy involved successfully shifting liability by highlighting the distinct responsibilities of the anesthesia team and hospital staff for patient positioning and monitoring during the surgery. This established that the mechanism of the injury fell outside the surgeon's immediate duties during the procedure. This strategic framework was strongly supported by the testimony of our Ivy League expert witness.

Impact on Final Outcome

The defense's focus on defining the precise roles in the operating room and the strength of the consent process were validated when the jury returned a full defense verdict on both claims. This outcome achieved a $0 award, protecting the client physician and the associated insurance carrier from a substantial financial exposure. The strategic use of the defense expert also proved highly persuasive to the jury.

Unique Aspect of this Case

The most unique and challenging aspect was the persistent local media attention throughout the trial. The court denied the firm's repeated motions to change venue, forcing the team to defend the client in an environment where the physician had previously faced unrelated adverse media coverage. The defense victory under these highly public and unfavorable conditions demonstrates exceptional litigation skill.

Predicting the Future

This significant win adds another successful defense verdict to QPWB's record in medical malpractice, reinforcing the firm's expertise in handling high-exposure surgical negligence and catastrophic injury claims. The success in navigating complex liability issues and media interference will strongly appeal to medical malpractice insurers seeking reliable defense counsel in challenging jurisdictions.

Key Actions in This Case

• Consent Defense Validation: Successfully leveraged the surgeon's detailed consent process to defeat the failure-to-obtain-proper-consent claim
• Liability Redirection: Successfully redirected the focus of liability for patient positioning from the surgeon to the hospital and anesthesia team
• Adverse Media Management: Secured a $0 verdict despite significant local media presence and adverse pre-trial publicity concerning the client physician

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.