Verdicts & Settlements

Kurzban Kurzban Tetzeli and Pratt P.A. has a long and established history of successful litigation on behalf of their clients due to the careful and thorough preparation employed. Below are a sampling of some of the more distinguished verdicts and settlements we have achieved.

Commercial and Civil Advice and Representation

Kurzban, Kurzban, Tetzeli and Pratt, P.A. is nationally known and respected for assertive and effective litigation and advocacy in commercial and civil matters. We represent our clients in cases in Federal, State and administrative courts as well as arbitration. We have expertise in a wide array of areas, including contract disputes; tortious interference; trade secret and non-competition, and qui tam/whistleblower/false claims act cases.

In addition to providing effective and zealous representation, our attorneys are also experienced in advising and counseling our clients on all aspects of business formation, strategy and troubleshooting geared to preempting and avoiding litigation, as well as compliance with labor laws and regulations.

KKWT Law attorneys provide the depth and breadth of experience and the legal sophistication of a national law firm, with the responsiveness and accessibility of a boutique, local firm.

Medical Malpractice

MEDICAL MALPRACTISE-EVIDENCE-EXPERTAllowing two pathologists,who were treating physicians,to testify in addition to pathologist who testified as an expert witness did not violate the trial court's pre-trial order limiting each party to one expert specialty. Further,the trial court did not abuse its discretion by permitting the plaintiff to call a second expert pathologist as a rebuttal witness in spite of the pre-trail order. Any prejudice attributable to the plaintiff's closing argument was found to be insufficient to warrant a new trail.  Read More

$7.2 million jury verdict in Miami against Mercy Hospital and a hospital-based anesthesiologist for medical negligence that left a 22-year-old man brain-dead. The Hernandez family came to the firm when their son was rendered brain-dead during a routine operation for a broken leg. We were able to conclusively establish the hospital and anesthesiologist's liability in failing to appropriately monitor the patient during surgery. At the time, it was the largest verdict for medical malpractice in Florida.

$6.1 million jury verdict awarded by a Hawaiian jury in Honolulu for a medical malpractice claim against Dr. Seid, a Wahiawa general practitioner physician. Antonio Richardson, a 45-year-old glazier who worked for his own company in Central Oahu, was approved for $4.1 million in special damages and another $2 million in general damages. According to the court testimony, Richardson was treated for kidney failure in June 2004 more than two and a half years after an abnormal lab sample showed signs of kidney disease. Dr. Seid ran reported tests which included blood and urine tests, and all the results were indicative of kidney disease. When Dr. Seid finally referred Mr. Richardson to a specialist, it was discovered that Richardson was suffering from end-stage kidney failure and, as a result, suffered catastrophic injury to his health and his business.

$5.7 million jury verdict in Miami awarded to a 37-year-old truck driver against three urologists and/or their professional associations for failure to timely and appropriately diagnose kidney disease. The jury determined that these doctors failed to properly examine the plaintiff and as a result missed the open and obvious signs of treatable kidney disease. The firm was able to establish that the doctors clearly should have known or seen the kidney disease and referred the patient for appropriate treatment. By failing to do so, the plaintiff lost use of both kidneys and needed a kidney transplant with all of its co-morbidities.

$4.1 million jury verdict in Miami awarded on behalf of a child. The minor plaintiff was 6 years old when she underwent a kidney transplant. The family alleged that the transplant resulted from medical malpractice on the part of the defendant pediatrician in failing to timely diagnose and treat the child's kidney failure. The defendant maintained that the minor plaintiff's kidney failure developed suddenly and there were no indications of the disease at the time in question. The jury found the defendant negligent and awarded the minor plaintiff $3.8 million in damages. The award included $700,000 for loss of future earnings; $157,000 in past medical expenses; $2.7 million in future medical expenses and $230,000 for past and future pain and suffering. The Court granted plaintiff's motion for additur in the amount of $270,000 for additional pain and suffering of Monica Gutierrez which defendant did not reject.

$3.5 Million Settlement for a 55-year-old male who underwent a spinal laminectomy. Post-surgery, wound became infected and despite positive cultures of a severe infection, treatment was delayed by the neurosurgeon and plastic surgeon causing prolonged wound healing, difficulty in walking and long-term antibiotic treatment.

$1.7 Million Jury Verdict against an orthopedic doctor and three hospital radiologists for the medical negligence of failing to timely diagnose synovial sarcoma. The radiologists failed to communicate to the orthopedic doctor of the potential differential diagnosis of a synovial sarcoma. The orthopedic doctor failed to follow up on the synovial sarcoma. All in all, the failure to interpret, diagnose and treat the Plaintiff in a timely fashion caused an 18 year old to suffer for 3 years prior to her demise.

Confidential settlement in Miami for a man in his early 30s with kidney disease who was not diagnosed by his internist for over two years. The young man was a computer developer and lost his career and ability to work and travel due to horrible effects of dialysis and kidney failure. He has since gone on to have a kidney transplant from a donor who was found during the course of litigation and this matter was confidentially settled on the eve of trial.

$755,000 settlement in Miami for medical malpractice misdiagnosis of broken leg, causing length discrepancy in legs. Settled in presuit.

Confidential settlement in South Carolina against United State of America in a Federal Tort Claim Act against the Veterans Hospital in Charleston, South Carolina. The Veteran was misdiagnosed with flank pain and a kidney stone which resulted in the backing up on his urine leading to increased creatinine and hematoria. Ultimately, the failure to diagnose the kidney stone led to obstruction in his left ureter, which caused his left kidney to fail. His right kidney also began to show signs of distress. Prior to trial, settlement resolved in mediation to allow the injured veteran to continue the treatment necessary to retain his right kidney function.

$362,000 Pre-Suit Settlement against a children home health care. The minor plaintiff was 2 years old when she passed away due to the negligence of a home health nurse. The baby suffered from some physical and mental disabilities and was trach dependent. This baby required a home health nurse at all times to aid, support and care for her. The nurse who was taking care of her failed to properly handle the child's tracheostomy tube change which blocked the decedent's airway, and failed to begin CPR to correct the lack of oxygen. The baby became brain dead, was placed on life support and eventually passed away as a result of the negligence.

$305,000 Settlement for a United States Veteran who presented to the VA hospital with back and abdominal pain with a history of kidney stones. Plaintiff continued to seek treatment through the VA for a year and a half until they finally performed stone removal. However, by the time the stone was removed, Plaintiffs left kidney failed as a result of a failure to diagnose, and timely treat Plaintiffs condition. Plaintiff also developed renal failure as a result of the negligence.

$300,000 settlement in Naples for a 73-year-old male who suffered an eye injury due to trauma sustained from a branch of a palm tree. Mr. Oztimurlenk saw an ophthalmologist right after the injury. The ophthalmologist operated on his eye but failed to treat him appropriately by leaving a foreign object in the patient's eye, causing him to continue having pain and resulting in injuries to his eye. After seeking treatment with many other eye specialists, it was discovered the presence of a foreign body in his eye. Mr. Oztimurlenk suffered permanent loss of vision in his left eye due to negligence of the ophthalmologist to timely identify the foreign object. Settled in presuit.

$160,000 settlement in Miami for a 3-year-old male child who was born prematurely at Parkway Regional Medical Center. At the time of his birth, he was the victim of negligent IV monitoring and as a result IV infiltrate caused severe chemical burning to his left foot. The scarring caused tissue damage to the interior and exterior tissue of the foot. The injury to his left foot required revision and reconstructive surgery. Even after corrective surgery, his foot remains with minor permanent scarring. A guardianship was opened.

$150,000 settlement in Miami for an elderly gentleman with misdiagnosed kidney disease.

Confidential Settlement against a hospital for the failure to note that Plaintiff had an extreme low blood count upon admission. The Plaintiff was a 46-year-old male who suffered from a nosebleed and was transported from a medical center in Key West to hospital in Miami, FL for an ENT Consult and for further treatment. The patient was actively bleeding and the hospital failed to timely order the ENT Consult and failed to timely order blood transfusions despite the patient's critical condition. As a result, the patient passed away for acute blood loss anemia and epistaxis.

Confidential Settlement for a 35-year-old woman who was under the care of her gynecologist to receive assisted conception treatment. Despite many routine exams including lab work, the Plaintiff's gynecologist failed on multiple occasions to bring to the patient's attention the abnormal lab results and failed to refer the patient to a nephrologist despite many indications of renal disease. As a result, the patient is now in end-stage kidney failure and will require a kidney transplant due to the doctor's failure to conform to the standard of care.

Confidential Settlement against a hospital for the wrongful birth delivery of a baby girl. The doctors delivered the mom's baby girl using forceps after so many hours of a complicated labor. By using the forceps, the baby girl suffered disfigurement and shoulder dystocia due to the failure to gather the necessary records to determine the size of the baby before birth. The baby was born weighing 10 pounds 7 ounces.

Wrongful Death

$3.6 million jury verdict in Miami against the Department of Transportation for the death of a single parent. A DOT truck driver fell asleep and swerved off the road, hitting the father of two who has standing on the sidewalk. The firm was able to obtain a $2 million special bill through the Florida Legislature to compensate the family.

Confidential settlement in Naples for a man who went to Physicians Regional Hospital in Naples showing signs and symptoms of heart condition and he was ignored in the ER leaving Mr. Lang to die. A lawsuit was brought by Mr. Lang's wife who was appointed the Personal Representative in Mr. Lang's estate.

$800,000 settlement in Tampa against the Department of Transportation for its role in causing the death of 35 year old woman killed by another driver who swerved to avoid a ladder that had been improperly secured by the Department of Transportation driver.

$500,000 Settlement against a tow truck company and an automobile dealership for a wrongful death litigation case. Plaintiff was a 27-year-old truck hauler and one day he went to an automobile dealer to pick up some vehicles. He was given instructions by the dealership not to park on their premises but to rather park on the side of the road. Plaintiff did as instructed and while he was standing inside the shoulder of the road getting tools from his toolbox, a tow truck struck the Plaintiff, lifting him in the air causing immediate death.

$305,000 verdict in Palm Beach for a man who suffered a misdiagnosis of heart condition by Dr. Joseph Motta ultimately leading to Mr. Drew's death.

Personal Injury

$2.8 million jury verdict judgment against an insurance company for uninsured/underinsured coverage for failure to pay compensation to a policyholder. This is the largest known verdict for a single-car accident. A 48-year-old chiropractor was forced to stop abruptly to avoid a collision, and as a result herniated his back. The insurance company refused to negotiate with its insured in any reasonable manner and as a result our firm was able to obtain this result on behalf of the client. This case also helped establish what is known as the "impact rule."

$105,000 settlement in Miami against Allstate for injuries in a rear-end collision, one of the largest settlements in Florida for a soft tissue case.

Confidential Settlement against a gym for a slip and fall accident resulting in Plaintiff's death. The Plaintiff was an active 54-year-old male who was a regular member of the gym. The Plaintiff fell backwards from a stair master machine, causing a direct hit to the head. The Plaintiff became immediately unconscious, was placed on life support, and was eventually disconnected. Defendant failed to maintain the premises safe for its intended use, rendering it dangerous and unsafe for lawful use by the Decedent.

Product Liability

Substantial settlement in excess of seven figures in Miami against Nissan Corporation. The firm was able to successfully settle for a significant amount for the claim of a young dancer who was in a Nissan auto mobile. Due to the negligent design and/or materials used in the construction of the vehicle an accident resulted in the loss of the 17-year-old's leg below the knee. The amount of the settlement is subject to a confidentiality agreement and cannot be revealed. The firm has worked diligently in the field of product liability including automobile cases. This is just an example of same.

$535,000 settlement in Miami for a Dade County roofer who was injured while applying a new liquid chemical adhesive for use on roofs without proper warning and safety equipment due to the manufacturer's failure to advise of same and advise of the need of the safety equipment. Vapors caused by this adhesive damaged the skin and nails of the roofer's hand, lung damage, and chemical asthma.

Construction Injury

$2.3 Million Settlement against two construction companies for its role in causing the death of a 20-year-old man killed by a boom crane whose hook was hanging from its equipment. The construction companies were performing unauthorized overnight work and while Plaintiff was driving on the highway, he lost control of his vehicle and in came into direct collision with the construction equipment that had been improperly secured leading to Plaintiff's death.

$1.25 million jury verdict for an ironworker in a crane accident while employed in building the Hollywood Fashion Mall. The firm was able to establish the crane operator's negligence and the jury awarded the above sum for significant damage to the foot of the ironwork.

$800,000 settlement in Miami against Dade County assorted contractors for injuries suffered by an ironworker in the construction of portion of the Dade County metrorail for failure to employ safe construction practices.

$500,000 settlement in Miami in road construction case. The mode of development in reconstructing cities and sidewalks was not appropriately followed, which resulted in a large hole being left unmarked which filled with rainwater leading to ground surface blending. As a result, a bicyclist fell into the hole went over the handle bars, broke his forehead and nose and sustained severe lacerations from the injury.

$400,000 settlement in Miami for a construction worker injured at the Florida Power and Light nuclear plant during an overhaul and wood debris fell from higher levels hitting the construction worker on the head. The construction workers were forbidden to wear hardhats due to the fear of contamination by the company rather than bear the expense of cleaning the hats after use.

$210,000 jury verdict in Palm Beach awarded at trial to a man who was an ironworker. Mr. Roy Badour was working the day before Christmas Eve installing some stairways for the company he worked for. The company he was working for was one of the subcontractors doing the construction of the Palm Beach Courthouse facility. The general contractor had hired a crane company who was only to operate the crane before and after work hours. Because the stairway Mr. Badour was working on required overtime work, he was present during the crane operation. The crane operator hit a beam doing a dangerous lift, causing an accident and resulting in injury to Mr. Badour.

Maritime Injury

$555,000 jury verdict in Key West for a fisherman who was injured by an officer of the Florida Marine Patrol who failed to follow the safe rules of the sea.

Government

In ASSE Int'l v. John Kerry, et al, we secured the first precedent decision in any court confirming that private sponsors of foreign exchange visitors have a right to fight sanctions imposed against them. In addition, we obtained a ruling that the procedures the Government used to impose sanctions against our client were fundamentally unfair and violated the constitution.

$500,000 settlement in Miami from the City of Hialeah, Dade County and their public works sub-contractors for piercing a water pipe and flooding the roads. As a result, a pedestrian was hit by an out of control automobile causing cognitive injuries.

$1 million dollar settlement/stock purchase for another minority owner in a US subsidiary of a multi-national urban planning company that refused to honor the terms of its agreement with our client.

$2 million dollar settlement in Miami /stock purchase for minority shareholder of US affiliate of a Venezuelan company. Only a few months after filing suit based on mismanagement by majority shareholders, our client was paid 2 million dollars as part of a confidential settlement.

$1.2 million jury verdict against the trustees of a union trust fund for fraud in the management of the trust fund. The firm was able to recover the amount of money for the union.

$1.2 million jury verdict against American Airlines for racially discriminating against black mechanics at its American Eagle subsidiary. This is the largest race discrimination verdict in the United States.

$500,000 jury verdict for sexual discrimination against a secretary. Jury awarded in favor of the plaintiff for a hostile workplace in sexual discrimination of the secretary subject to rude and lewd behavior by her employer over a period of months. The behavior was so heinous that eventually the employee quit and filed a lawsuit for the treatment received at the employers' hand. Jury awarded $500,000 after trial to compensate the secretary for the several months of abusive treatment received at the hands of her employer which left her powerless, defeated and distressed.

$250,000 settlement from the Florida Insurance Guaranty Association (FIGA) for an injured construction worker.

$100,000 settlement for our client paid by a well known Miami Dade county developer for failure to commence construction of a condominium development in Doral, after taking deposits from prospective purchasers.

Read more about our medical malpractice and personal injury practice, or call us at 786-401-4706 for a free consultation. We handle cases across Florida and nationwide.