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 com