Hill Ward Henderson shareholder Ethen R. Shapiro recently won a medical malpractice defense verdict on behalf of Quest Diagnostic Clinical Laboratories, Inc. (“Quest”). Following a seven-day trial in Florida’s Fourth Judicial Circuit, the jury came back within just 42 minutes with a unanimous verdict in favor of Quest, finding that Quest’s phlebotomist performed the blood draw at issue in the case entirely within the standard of care.
During trial, the plaintiff alleged negligent performance of a blood draw (venipuncture) by a Quest phlebotomist, allegedly causing a permanent nerve injury. Although Shapiro was confronted with testimony from both plaintiff and her supportive treating physicians, he was able to show the jury that the plaintiff did not and could not have sustained the injuries she claimed Quest caused.
In addition to Shapiro, Quest Diagnostics was represented by Earl Googe of Smith Hulsey & Busey in Jacksonville, Florida.