I started what we anticipated to be a three-week jury trial in Miami on behalf of a Peruvian man who developed a gangrenous infection of his penis after an elective penile implant surgery. Ultimately the man’s penis had to be amputated. The defendant was a local anesthesiologist who participated in the surgery. The surgeon and hospital resolved the claim before trial. Shortly after the lawsuit was filed, our clients were deported back to Peru and testified via SKYPE.
It was a hard fought court battle, and Miami Circuit Court Judge Beatrice Butchko gave both sides a fair trial. In the end, the jury returned a verdict in favor of the defendant doctor. The case garnered international media attention because of the severity of the injury and the novelty of deported plaintiffs testifying via SKYPE.
The result was very disappointing for my clients, and for me as well. Nevertheless, I see this trial as a victory for the rights of the injured. It has given the injured the opportunity for justice, and the opportunity to have a jury listen to the evidence to decide what is the appropriate standard of care.
In this particular case, the jury did not agree with our theory and sided with the defendant doctor.
I sincerely wish I could report that we were able to provide our clients with a better result. But, in this trial, it was not meant to be. I am grateful for the help of a team of talented and hard working lawyers who labored hard by my side: Branden Strickland, Dan Bushell and Pelayo Duran.
We respect the system but we’re disappointed in the verdict. We intend to appeal. Stay tuned.
