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Deacon & Moulds
100 2nd Avenue South, Suite 902
St. Petersburg, Florida 33701
727-551-0000 Local
866-800-0426 Toll Free
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Verdicts

  • Kenneth Deacon and Michael Stofer obtained a defense verdict in a medical malpractice trial in Clearwater. The Plaintiff was involved in a work related accident in June of 2007, injuring his back. Plaintiff complained of low back pain and right-sided radicular symptoms. Plaintiff treated conservatively for several months. In March of 2008, the doctor performed an anterior spinal fusion and posterior decompression. Plaintiff alleged that the doctor was negligent in his performance of the decompression and that caused Plaintiff to continue to have low back pain and right-sided radicular complaints, as well as new radicular symptoms on his left side. Defense argued that the spinal surgeries performed by the doctor were done  appropriately and that nothing the doctor did or did not do caused any of Plaintiff’s ongoing symptoms. Defendant made no offer to settle prior to the trial. Plaintiff’s counsel asked the jury to award “a lot of money” and argued in closing that it was worth at least $385,000. After deliberating for 25 minutes the jury returned a defense verdict.
  • Ken Deacon and Gail Moulds obtained defense verdicts on behalf of three obstetrician / gynecologists. The plaintiff alleged that a cervical laceration occurred during a caesarian section and that the physicians failed to recognize this as the cause of server bleeding post delivery. The patient underwent an emergency hysterectomy and claimed that as a result she suffered premature ovarian failure and other significant injuries. The plaintiff asked the jury for 3.6 million dollars. The jury determined that the doctors were not negligent.
  • Ken Deacon and Mike Stofer obtained a defense verdict in a medical malpractice case. The plaintiff claimed that an obstetrician gynecologist was negligent in performing laproscopic cystectomy for the removal of an enlarged ovarian cyst, resulting in the perforation of the small intestine and severe peritonitis. The plaintiff claimed that the surgery should not have been performed. The plaintiff asked the jury for over $750,000. The jury determined that the physician was not negligent.
  • Ken Deacon and Thea Dalkalitsis obtained a defense verdict in a medical malpractice case. The plaintiff claimed that an infectious disease physician failed to promptly diagnose and treat a shoulder infection, which led to sepsis and death. The patient also suffered from a hospital acquired yeast infection. The plaintiff sought approximately $1 million. The jury determined that the doctor was not negligent. This was the second physician our firm successfully defended in the same case. Prior to trial, we obtained final summary judgment on behalf of an orthopedic surgeon, who was also alleged to have contributed to the sepsis and death.
  • Ken Deacon and Thea Dalkalitsis obtained a defense verdict in a medical malpractice case. The plaintiff alleged that two obstetrician gynecologists were negligent in failing to respond promptly and adequately after the pregnant plaintiff reported vaginal bleeding and abdominal pain. A placental abruption was diagnosed at birth. The child suffered brain injury and developmental delays. The plaintiff’s life care/vocational rehabilitation plan supported future economic damages in excess of $3 million. The jury determined that both physicians were not negligent.
  • Weston Smith and Gail Moulds obtained a defense verdict in a medical malpractice case. The plaintiff claimed the defendant orthopedic surgeon failed to diagnose a femoral stress fracture, performed unnecessary surgery and performed the surgery incorrectly. The plaintiff further claimed the actions of the surgeon caused a staph infection leading to systemic sepsis and disarticulation of the leg. The plaintiff sought over $1 million at trial. The jury determined the orthopedic surgeon was not negligent.
  • Ken Deacon and Thea Dalkalitsis obtained a defense verdict on behalf of an anesthesiologist, in a medical malpractice case. The plaintiff claimed temporary paralysis and severe neurological injuries following surgery involving spinal anesthesia. The plaintiff claimed the anesthesia agent, lidocaine, was toxic to the nerves in her spine. The jury determined that the anesthesiologist was not negligent.
  • Gail Moulds and Weston Smith obtained a defense verdict in a medical malpractice case. The plaintiff underwent a laparoscopic fundoplication and was later diagnosed with a perforation of the esophagus. Plaintiff alleged that the defendant physician who was providing postoperative care delayed in diagnosing the perforation causing the plaintiff to require an unnecessary surgery, a lengthy hospital stay and resulting injuries including Post Traumatic Stress Disorder.
  • Ken Deacon and Mike Stofer obtained a defense verdict in a medical malpractice case. The plaintiff alleged an advanced registered nurse practitioner negligently failed to diagnose a cranial wound infection that later resulted in two brain surgeries and permanent loss of significant portion of the plaintiff’s skull. The jury determined that the ARNP was not negligent.
  • Ken Deacon obtained a defense verdict in a medical malpractice case. The plaintiff alleged that the physician, a pediatric intensivist, was negligent in failing to recognize that an infant’s breathing tube had become dislodged. The plaintiff also alleged that there was a negligent delay in getting CPR started. The defense contended that the child died from a very serious respiratory illness. The plaintiff asked the jury for an award of ten million dollars. The jury determined that the physician was not negligent.
  • Ken Deacon and Thea Dalkalitsis obtained a defense verdict in a Medical Malpractice case. The plaintiff alleged that the physician was negligent for failing to respond with proper evaluations and treatments after the pregnant plaintiff reported decreased fetal movement. The baby was subsequently born with significant and permanent brain damage. The firm originally represented three defendant physicians. Two were dismissed by summary judgment and the third proceeded to trial. The plaintiff admitted into evidence a life care/vocational rehabilitation plan supporting future economic damages in excess of $20 million. The jury determined that the physician was not negligent.
  • Gail Moulds and Weston Smith obtained a defense verdict in a Medical Malpractice case. The plaintiff alleged that the physician was negligent for failing to timely diagnose a perforation of the colon. They further alleged that the delay caused, among other problems, sepsis, respiratory failure and endocarditis, all requiring a lengthy hospitalization and rehabilitation. The jury determined that the physician was not negligent.
  • Ken Deacon and Weston Smith obtained a defense verdict in a six day Medical Malpractice trial. The Plaintiff alleged the physician was negligent for failing to properly treat a Deep Vein Thrombosis (DVT). Plaintiff further alleged that the DVT caused a Pulmonary Embolism directly causing death. The Plaintiff sought more that $5 million in damages. The jury determined the physician was not negligent.
  • Ken Deacon obtained a defense verdict in a three week Medical Malpractice trial on behalf of two physicians. The Plaintiff alleged the physicians were negligent for failing to diagnose a Pulmonary Embolism that was claimed to have caused the deceased patient’s death. The jury determined the physicians were not negligent.
  • Weston Smith and Gail Moulds obtained a defense verdict in a five day Medical Malpractice trial. The Plaintiff alleged the physician was negligent for severing the Plaintiff’s median nerve while performing carpal tunnel surgery. The Plaintiff underwent two subsequent wrist surgeries, including nerve grafting. The two subsequent surgeons both opined that the defendant physician had severed the median nerve. The jury determined the physician was not negligent.
  • Ken Deacon obtained a defense verdict in a medical malpractice trial, on behalf of a hospital. The Plaintiff, a fifty-one year old male originally seen at a Walk In Clinic was referred to the emergency room of a hospital. The Plaintiff alleged that a physician misread various radiographic films, leading to serious medical problems including renal failure, sepsis and multiple brain abscesses. The Plaintiff further alleged the hospital lost some of the films. The jury determined the hospital was not negligent.
  • Gail Moulds and Weston Smith obtained a defense verdict in a one week medical malpractice trial. The Plaintiff alleged the physician was negligent for failing to search for and diagnose a great vessel injury subsequent to a motor vehicle accident. The Plaintiff also alleged the physician was negligent for failing to transfer the Plaintiff to a Level One Trauma Center. The deceased Plaintiff was survived by his wife and two young children. The jury determined the physician was not negligent.
  • Gail Moulds and Weston Smith obtained a defense verdict in a medical malpractice case. The Plaintiff alleged the physician was negligent for failing to timely diagnose an ectopic pregnancy. The Plaintiff further alleged that the failure to diagnose led to rupture and loss of the Plaintiff’s chance to naturally conceive a child. The jury determined the physician was not negligent.
  • Ken Deacon obtained a defense verdict in a medical malpractice case. The Plaintiff alleged that the physician improperly decided the plaintiff was a suitable candidate for a vaginal childbirth, that the physician failed to properly assess the shoulder dystocia that was encountered during the birth, and that, as a result, the infant was delivered with a severe brachial plexus injury. The jury determined the physician was not negligent.
  • Gail Moulds and Weston Smith obtained a defense verdict in a nursing home negligence and resident rights case. The Plaintiff alleged that the nursing home allowed the resident to suffer from an attack of hundreds of fire ants. The Plaintiff showed photos of the ant bites and produced medical proof of the ant attack. The jury determined the nursing home was not negligent and had not violated any resident rights.
  • Ken Deacon obtained a defense verdict in a medical malpractice case. The Plaintiff alleged the physician failed to properly treat a young child that suffered from a rattlesnake bite and died. The jury determined the physician was not negligent.
  • Weston Smith obtained a defense verdict in a nursing home negligence and resident rights case. The Plaintiff alleged that the nursing home allowed the deceased resident to suffer from numerous preventable falls, unexplained injuries, weight loss, deep vein thrombosis, aspiration, and failed to properly document the resident’s chart. The Plaintiff showed the jury photos of severe bruising and asked the jury to award $2 million dollars. The jury determined the nursing home was not negligent and had not violated any resident rights.
  • Ken Deacon and Weston Smith obtained a defense verdict in a medical Malpractice case. The Plaintiffs alleged that the physician was negligent for failing to properly treat new onset diabetes in a young child, leading to the child’s death. The Plaintiffs sought damages of $25 million dollars. The jury determined the physician was not negligent.
  • Ken Deacon obtained a defense verdict in a medical malpractice case. The Plaintiff alleged that the physician improperly prescribed methadone for the patient, leading to an overdose causing the patient’s death. The jury determined the physician was not negligent.
  • Ken Deacon, Weston Smith and Walter Greenough obtained a defense verdict in a products liability case. The Plaintiff alleged that an infant child died when a child restraint seat was defective in an automobile accident. The Plaintiff sought damages of $37 million dollars. The jury determined the child restraint manufacturer was not negligent.