Our Victories

Medication Errors

Over 13 Million Dollar settlement | confidential settlement
The victim of a medication error is now in a permanent vegetative state or coma.

Over $450,000 settlement | Palm Beach, Florida | Palm Beach County
An elderly man was the victim of a medication error when he was given an overdose of Zocor (simvastatin) and Lopid (gemfibrizole) to treat his high cholesterol and triglyceride levels.  As a result, he developed rhabdomyolosis, the breakdown of muscle cell contents into the bloodstream.  Ultimately the muscle contents in the bloodstream caused acute renal failure and the need for a kidney transplant.

Over $300,000 settlement | Lakeland, Florida | Polk County
An elderly man with Parkinson’s disease was the victim of a medication error when a mail order pharmacy sent him the wrong medication when he refilled his prescription.  The medication looked similar to previous refills.  After taking the medication for several weeks, he became very week and developed an irregular heart beat.  He was hospitalized and emergency surgery was performed to implant a pacemaker.  The medication error was not discovered until after the surgery.

Nursing Homes and Adult Living Facilities

1.7 Million settlement | Bradenton, Florida | Manatee County
An elderly woman with dementia was having difficulty swallowing when she was admitted to a nursing home.  The nursing home staff documented the swallowing problem and ordered a pureed or ground diet.  A family member testified that on the first day she found her loved one choking on a hotdog that was improperly given to her by the nursing home staff.  On the second day a nurse found her at lunch time choking after the nursing home staff allegedly provided her with a non pureed diet again.  That evening she was found dead in her room.  An autopsy revealed she choked to death on a large piece of meat that was not pureed.  Nursing home employees testified the nursing home was understaffed.

$750,000 settlement | Lakeland, Florida | Polk County
An elderly man residing in a nursing home developed warmth in his foot.  The family complained about the warmth and red streaks going from his foot to his knee.  The nursing home staff documented the condition of his leg and the fact he was in extreme pain for over a week but failed to notify the doctor.  By the time he was sent to the hospital it was too late.  His leg was amputated above the knee.  He died approximately one month later.  Nursing home employees testified the nursing home was understaffed.

$450,000 settlement | Lakeland, Florida | Polk County
An elderly wheelchair bound woman in a nursing home developed a stage IV pressure sore to the bone on her coccyx allegedly as a result of the nursing home staff failing to turn and reposition her.

$450,000 settlement | Orlando, Florida | Orange County
An elderly woman was wheelchair bound in a nursing home.  She had a history of falling from her wheelchair.  She was complaining to the staff of shoulder pain but the complaints were not relayed to her physician for many months.  By the time she was referred to an orthopedic surgeon her shoulder was frozen.  The surgeon performed a surgical procedure to fuse the shoulder.  She also developed pressure sores.

$225,000 settlement | Tampa, Florida | Hillsborough County
An elderly wheelchair bound woman had a history of falling out of her wheelchair.  Her doctor ordered a velcro lap belt to hold her in her chair.  The nursing home records revealed the facility failed to use the velcro lap belt.  She fell from her wheelchair and broke her femur at the hip. 

Boating Accidents

Over 7 million dollar verdict | Clearwater, Florida | Pinellas County
The owner of the boat stopped the boat in the channel so her guests could watch some dolphins that were following the boat.  After the boat had been at rest for a period of time, a male passenger dove head first into the murky water to swim with the dolphins.  The man did not realize the boat had drifted into shallow water during the time the boat had been at rest and the murky water made it look like the bottom was not close.  The man suffered a severe spinal cord injury and is now a quadriplegic.  A boating expert testified the boat owner was negligent in failing to educate her passengers on the risks of diving head first into murky water, failing to anchor the boat, failing to warn that the boat had drifted out of the channel markers, and failing to have the proper equipment on the boat.

Automobile Accidents

1 million dollar settlement | Tampa, Florida | Hillsborough County
A woman was driving in the curbside lane of a four way highway when a truck traveling in the opposite direction decided to make a left hand turn in front of her to enter a local restaurant.  Although she had pre existing back problems, her doctors testified her current complaints were the result of this automobile accident.  She underwent a low back discectomy, lamenectomy, and spinal fusion.  She developed post surgical changes that made it very painful to walk.

$481,670 dollar verdict | Tarpon Springs, Florida | Pinellas County
A woman was stopped in her sport utility vehicle for a school bus when a van rear ended her going approximately 60 miles per hour.  She suffered a herniated disc at C5-6 resulting in neck fusion surgery, a rotator cuff tear in her shoulder that required two surgeries, and tempormandibular jaw joint (TMJ) problems.  The jury awarded her damages for lost wages, past and future medical expenses, and pain and suffering.

$125,000 settlement | Sarasota, Florida | Sarasota County
A man was rear ended while driving his automobile.  He suffered a herniated disc in his neck that required spinal fusion surgery of his neck.

Negligent Security

12 million dollar verdict | Tampa, Florida | Hillsborough County
A man was fatally shot while trying to break up a fight at a bar.  A wrongful death lawsuit was filed alleging the bar was negligent in failing to provide adequate security based on previous problems at that location and was negligent in not timely breaking up the fight.  The verdict included economic damages and pain and suffering damages for the man’s wife and three year old child.

Work Place Accidents

3 Million dollar settlement | Clearwater, Florida | Pinellas County
A woman working in a battery making plant was scalped by a battery machine while changing the battery paper and died.  A wrongful death lawsuit was filed alleging the machine was negligently designed, the guard gates were recklessly left off the machine, and the machine was recklessly allowed to run while changing paper in order to produce more batteries.  The damages sought included economic damages for the estate and pain and suffering damages for the woman’s husband and three children.

Premises Liability

$225,000 dollar settlement | Lakeland, Florida | Polk County
A woman was injured when her chair collapsed while eating at a restaurant.  A lawsuit was filed against the restaurant alleging the chair was negligently maintained.  The woman alleged her injuries included a torn rotator cuff and herniated discs in her neck.  She underwent an acormioplasty and rotor cuff repair surgery on her shoulder, and discectomy and spinal fusion surgery on her neck.  The restaurant claimed they had no responsibility for the defect in the chair and that her injuries existed prior to the chair collapse.

$135,000 dollar settlement | Tampa, Florida | Hillsborough County
A man slipped and fell on the last step going down the stairwell of his apartment complex and injured his back when the bolts holding the wooden stair in place gave way.  A lawsuit was filed alleging the stairwell was negligently maintained because the wooden stairs were old and rotting.  The man underwent a laser discectomy surgery of the l-4 l-5 disc in his lumbar spine.  The apartment complex alleged it was not possible to herniate a disc falling such a short distance and that his injuries were the result of the bending an lifting requirements of his job.  The judge declared a mistrial during the second day of trial.  The case settled just before the new trial was to begin.

$135,000 dollar settlement | Sarasota, Florida | Sarasota County
A woman fell down some stairs at a chair rental kiosk at the beach.  The stairs did not meet code because they were not standard height and width.  She suffered from a herniated disc in her neck.  She underwent a discectomy and fusion in her cervical spine.

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*Not all results obtained by the Distasio Law Firm are provided here. These results are not necessarily representative of results obtained by the firm in all cases and we cannot promise any specific outcome of a case. The individual facts and circumstances of your case may differ from the facts and circumstances described in the representative cases. Some of the results were obtained while Attorney Scott Distasio was a partner at another firm.