MIAMI ― George L. Fernandez and John C. Oprandi, partners in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a defense verdict on behalf of their client, a retired physician, in a motor vehicle accident lawsuit. After a jury trial in Palm Beach County, Florida, the jury awarded only past medical expenses of $8,454.20, which was reduced to zero after the applicable PIP set-off. The defense team was asked to parachute in just a few months before trial. At that time, the plaintiff’s demand was $1.35 million.

The plaintiff brought this claim against our client alleging significant personal injuries following a car accident that occurred on Palmetto Park Road, in Boca Raton, Florida, when the defendant turned left and allegedly violated the plaintiff’s right of way. The plaintiff—a mother of six children-- alleged a significant lower back injury, including disc herniations and chronic pain, which interfered with her ability to care for her children. The plaintiff underwent various sacroiliac joint injections, radiofrequency ablations, and medial branch blocks to treat her alleged chronic low back pain after the subject accident. The plaintiff was recommended for lumbar disc surgery and a sacroiliac fusion to address her chronic problems. Plaintiff incurred over $114,000 in past medical expenses and presented medical expert testimony alleging that she required over $555,000 for future medical care.

In closing arguments at trial, the plaintiff requested an award of over $900,000.

The defense team presented evidence of the plaintiff's medical treatment for low back problems in a prior motor vehicle accident which was not fully disclosed by the plaintiff during discovery. The defense further presented expert testimony from a board-certified neurosurgeon who explained the absence of any acute traumatic injuries based on the radiological studies. The defense team asked the jury to award only the past fire rescue and emergency room expenses, and nothing more.

The jury fully agreed with defense counsel and returned a verdict in the amount of only $8,454.20 which, after the applicable PIP set off, resulted in a zero net judgment for the plaintiff. Due to concerns of potential excess exposure, the defendant’s insurers entered into a high-low agreement during trial to protect their insured. But, the jury nonetheless flatly rejected the plaintiff’s injury claims based on the defense team’s investigative efforts which uncovered undisclosed prior medical treatment that paved the way for a lengthy cross-examination of the plaintiff which called into question all of her trial testimony.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.