Josepher & Batteese, P.A. Obtain Defense Verdict
Tyler Batteese and Brian Agliano won a defense verdict in a three-week trial in Hillsborough County for an Infectious Disease physician who was sued by a 52-year-old man for allegedly failing to diagnosis an epidural lesion causing him to become paralyzed. The plaintiff’s lawyer argued that his client presented to the hospital with all the classic signs and symptoms of an epidural abscess, including severe back pain, fever, positive blood cultures, and lower extremity weakness. The plaintiff was gainfully employed, married, with a minor child. They asked the jury for a $40 million-dollar judgment. The defense was able to show the jury that the doctor’s care was reasonable an appropriate and that the delay in his diagnosis was not attributable to anything he did or failed to do in that even after neurology was consulted and a MRI was ordered stat, however the patient’s body habitus was too large for the closed MRI machine, leading to a delay in getting him imaged that had nothing to do with the infectious disease care.