Shaw-Caillouet v. Bonati, M.D., et. al., 6th Judicial Circuit in and for Pasco County, Florida (medical malpractice, case number 51-2005-CA-3022-WS)
Lead Defense Counsel Evelyn Merchant, assisted by Maria Fuxa. Also assisted by Defendants’ general counsel, Patricia Ferrari.
Plaintiffs sued Dr. Bonati and the corporate entities alleging medical malpractice in Dr. Bonati’s performance of a minimally invasive cervical spine surgery. As a result of Dr. Bonati’s surgery and the alleged malpractice, Plaintiffs claimed that Mrs. Shaw-Caillouet was left with an unstable spine, neurological deficits, inability to walk and required a subsequent multi-level fusion of the cervical and part of the thoracic spine. Plaintiff and her husband, Allen Caillouet, who claimed loss of consortium and lost wages, demanded $20 Million dollars at trial along with punitive damages.
Defendants claimed that Plaintiff formed a hematoma after the procedure performed by Dr. Bonati and that the formation of the hematoma, along with neurological deficits were known risks, which were explained to the Plaintiff and which was spelled out in Dr. Bonati’s informed consent signed by Plaintiff. Further, Defendants' claimed that Plaintiff was exaggerating her damages as surveillance obtained clearly showed Plaintiff partaking in activities she claimed she could not do, including walking.
After a 10-day trial, the jury returned a verdict for the defense. Prior to starting trial, the parties attended non-binding arbitration. The arbitrators awarded $163,000 to Plaintiff (for past and future economic and non-economic damages). The arbitration panel did not award any moneys for punitive damages or for Allen Caillouet’s claim, since the panel found that the claim for punitive damages and the claim of Allen Caillouet was not established. Thereafter, Defendants filed a Proposal for Settlement in the amount of $250,000, which was rejected by Plaintiffs.