Two Kelley | Uustal attorneys have secured a $3.28 million arbitration award for the widow and teenage son of a 44-year-old stroke victim who died in August 2020 at North Shore Medical Center in Miami after a series of medical missteps.
The victim lived in Miami and was a retail store manager for a Brickell liquor store. The monetary award was announced on Sept. 22, the final day of a three-day hearing held on Zoom by the Florida Division of Administrative Hearings.
About the Case:
The victim came to North Shore Medical Center, having suffered a hemorrhagic stroke. Hospital personnel failed to “fulfill a stat order for platelets to treat his severe thrombocytopenia and failed to conduct frequent monitoring,” causing the patient’s condition to deteriorate. The hospital opted to admit liability and proceed to arbitration on the issue of damages. Submitting to binding arbitration in medical malpractice cases caps non-economic damages, such as pain and suffering, at $250,000 for each claimant. In this case, there were two – the victim’s widow and teenage son.
Two expert witnesses testified on behalf of the family – a forensic employment and compensation consultant and an economist.
“The crux of this case on monetary damages was about the loss of service and support our client would have been able to provide his wife and son,” said attorney Peter Spillis, managing partner of Kelley | Uustal, who secured the award along with his co-counsel, Michael Kaufman, of Michael R. Kaufman, P.A.
The victim’s employer and several business partners testified that he had a strong entrepreneurial spirit and likely would have grown into a more senior management position in his industry.
“He was a hard-working person who had a bright future,” said attorney Tiffany Fanelli of Kelley | Uustal, who also helped secure the award for the victim’s family. “He was a rising star whose life was tragically cut short after serious medical mistakes.”