Professional Negligence Law Reporter

Maintenance person Fidel Casas, 60, suffered a torn bicep tendon at work. He underwent surgery performed by Rafael Fernandez, which involved placement of a fixation screw. After the procedure, it was revealed that the screw had dislodged, which necessitated a second operation. Casas’s bicep re-ruptured, and he required two more surgeries, both of which were unsuccessful. He now suffers from nerve damage in addition to the torn bicep. He incurred medical expenses of approximately $188,000 and lost income totaling approximately $85,000.

Fidel sued Fernandez and his practice, alleging the physician had misplaced the fixation screw, which led to the need for three more surgeries in the failed attempt to repair the tendon.

The jury awarded over $873,900.

Citation: Casas v. Fernandez, No. 13-2021-CA-010378 (Fla. Cir. Ct. Miami-Dade Cnty. June 9, 2023).

Plaintiff counsel: Ian Pinkert, Coral Gables, Fla.

Plaintiff expert: Thomas DeBerardino, orthopedics, San Antonio, Texas.