Ernest Hubler, et al  vs. Ignacio A. Rodriguez, et al

Case Background

The Medical Malpractice lawsuit, filed on October 24, 2019, by Ernest Hubler and Carol Hubler in the Circuit Court of Florida, Broward County (Case number: CACE19021921), was presided over by Judge Carol-Lisa Phillips.

Cause

Ernest Hubler, a 66-year-old retiree and former long-time smoker, sought medical attention for a sore throat and trouble swallowing in 2017. He first consulted Dr. Walter Fingerer, who diagnosed him with inflamed tonsils. Seeking a second opinion, Hubler visited Dr. Ignacio Rodriguez on May 15, 2017. Rodriguez noted a hypopharyngeal mass but deemed it benign. He diagnosed Hubler with spastic dysphonia and recommended a barium swallow test and speech therapy. In July 2017, Hubler returned to Rodriguez, who reaffirmed the spastic dysphonia diagnosis. Hubler then went back to Fingerer, who performed a tonsillectomy in October 2017. As the mass continued to grow, Hubler underwent a neck CT in December 2018. The CT was followed by a biopsy that revealed stage 4 squamous cell carcinoma of the hypopharynx.

Injuries

Hubler’s cancer progressed from a potentially treatable Stage 1 in April 2017 to Stage 4 with regional metastasis by late 2018 or early 2019. The delayed diagnosis required a complicated throat reconstruction surgery in March 2019, which included a laryngopharyngectomy. This surgery left Hubler unable to speak, smell, or taste for the rest of his life. He had to breathe through a stoma in his neck and developed scar tissue. Hubler endured over a month of hospitalization and multiple readmissions. He ultimately died on April 19, 2021, allegedly from respiratory complications related to the surgery.

Damages

The estate sought recovery for past medical and funeral expenses. Carol Hubler, Ernest’s widow, claimed damages for lost support and services. She also sought compensation for past and future loss of companionship, protection, and pain and suffering. Alternatively, if the jury found that Rodriguez’s negligence caused injury but did not contribute to Hubler’s death, the estate pursued damages for the injuries Hubler sustained before his death.

Key Arguments and Proceedings

Legal representation

Claims

Hubler’s estate sued Dr. Rodriguez, Dr. Fingerer, and their respective practices for medical malpractice. The lawsuit alleged that both doctors negligently failed to provide a timely diagnosis of Hubler’s cancer. The estate also argued that the practices were vicariously liable for their employees’ actions. They claimed that Rodriguez should have performed a biopsy of the mass and contacted Fingerer to confirm whether a previous biopsy had been done. The defense countered that the mass was not cancerous in 2017 and that no biopsy was required at that time. They also disputed whether the throat surgery caused Hubler’s death, suggesting he died from an unrelated acute myocardial infarction.

Defense

The defendants denied all material allegations in the plaintiff’s initial complaint and demanded strict proof thereof. They claimed that the plaintiff was guilty of negligence and/or assumed the risk, which proximately caused or contributed to any injuries or damages sustained. They argued that any award to the plaintiff should be barred or reduced proportionately under the doctrine of comparative negligence.

Additionally, the defendants asserted their entitlement to setoffs and limitations of liability pursuant to the doctrine of comparative fault and Florida Statute Section 768.81. They reserved the right to adopt affirmative defenses regarding co-defendants’ alleged substandard care if the plaintiff settled with or dismissed those parties. The defendants claimed that any negligence was solely the result of third parties not under their control. They argued that the action was time-barred, having been brought more than two years after the plaintiff knew or should have known of the injury.

The defendants stated that the plaintiff failed to mitigate damages and that any recovery of noneconomic damages was limited by Florida statute. They asserted that the court lacked jurisdiction due to the plaintiff’s failure to comply with conditions precedent. The defendants claimed the plaintiff executed informed consent, barring recovery. They maintained that they acted within the prevailing professional standard of care at all times. Finally, the defendants demanded a jury trial for all triable issues.

Expert Testimony

 Plaintiff Experts:

Dr. Richard Hirschman, Dr. Michael Armstrong, and Dr. Andrew Bierhals testified about causation and damages. They explained how the defendants’ failure to properly diagnose and treat Mr. Hubler’s cancer led to unnecessary procedures, reduced life expectancy, and ultimately his death. Further, Dr. Eroston Price and Dr. Andrew Doorey provided testimony on the cause of death, stating it was due to cancer complications rather than a heart attack. Dr. Ronald Snyder discussed Mr. Hubler’s injuries and required medical care. Additionally, Dr. David Williams testified about the economic damages, including past and future lost services.

Defendant Experts:

On the other hand, Dr. Bert O’Malley Jr. and Dr. Jason Newman testified on the standard of care, causation, and damages from an otolaryngology perspective. Dr. Richard Gore explained radiological findings and rebutted the plaintiffs’ experts’ interpretations. Dr. Jonathan Eisenstat, a forensic pathologist, offered opinions on causation and damages based on autopsy findings and medical records. All defendant experts based their testimony on their review of Mr. Hubler’s medical records, case documents, and their professional expertise in their respective fields.

Jury Verdict

On April 26, 2024, the jury found Walter Fingerer, M.D., negligent in causing Ernest Hubler’s death. They apportioned 65% of the negligence to Walter Fingerer, M.D., and 35% to Ignacio Rodriguez, M.D. The jury awarded damages totaling $5,037,963.25. This included $1,000,240.25 for past medical and funeral expenses to the Estate, and $37,717 to Carol Hubler for loss of support and services. Additionally, Carol Hubler was awarded $2,000,000 for past pain and suffering and $1,500,000 for future pain and suffering, totaling $3,500,000 in damages to her personally in Medical Malpractice lawsuit.

Court Documents:

Available Upon Request