.

Heather Byrer Carbone

Portrait of Heather Byrer Carbone

When Florida employers seek resolution of claims or controversies arising out of the Florida workers’ compensation law, they often turn to Heather. Board Certified by The Florida Bar in Workers’ Compensation, Heather leads Marshall Dennehey’s Florida workers’ compensation practice. She devotes the entirety of her practice to workers’ compensation defense, representing businesses, third-party administrators and self-insureds across myriad industries. Heather’s clients benefit from her insights and experience in dealing with the analysis and litigation of problems or controversies arising out of the Florida Workers' Compensation Law. She also has experience handling employment law matters.

Heather is an active writer and lecturer. She has authored multiple articles in the Florida Workers’ Comp Reporter. She has lectured on behalf of the Workers’ Compensation Section of The Florida Bar and at various continuing education seminars. Heather is also a Certified Instructor of Insurance Education for the State of Florida and often presents seminars to clients.

Prior to joining Marshall Dennehey, Heather was a partner at one of the leading defense firms in the southeast.

Away from work, she enjoys hiking, biking, traveling and spending time with her family. She is a committee member with the Jacksonville Humane Society, and volunteers for Jacksonville Area Legal Aid (JALA). She completed the 2008 New York City Marathon, and the National Breast Cancer Marathon, and often participates in road races that benefit various charitable organizations.

    • Indiana University Maurer School of Law (J.D., 2001)
    • Florida State University (B.A., 1997)
    • Florida, 2001
    • U.S. District Court Middle District of Florida, 2009
    • The Best Lawyers in America©, Workers' Compensation Law - Employers (2027)
    • AV® Preeminent™ by Martindale-Hubbell®
    • Florida Trend Legal Elite NOTABLE Women Leaders in Law (2024)
    • John J. Schickel Professionalism and Excellence Award, E. Robert Williams Inn of Court (2024)
    • American Lawyer Media, Top Rated Lawyer in Labor & Employment (2013, 2014, 2016)
    • Florida Super Lawyers Rising Star (2010, 2013-2016)
    • Jacksonville Magazine, "Jacksonville Legal Elite" (2015-2017)
    • 904 Magazine “Top Lawyer,” Workers’ Compensation (2012, 2014)
    • Association of Builders & Contractors
    • E. Robert Williams, Inns of Court, Executive Committee Member, Membership Co-Chair
    • Florida Bar
    • Friends of 440 scholarship organization, Co-Chair 2010-2012, Treasurer 2009-2010
    • Jacksonville Bar Association, Co-Chair Workers’ Compensation Section 2010, 2011
    • Jacksonville Claims Association
    • Jacksonville Humane Society, Committee Member
    • Society for Human Resource Management, National and Jacksonville Chapter member
    • Afterthoughts that Undermine a Successful Mediation, Association of Workers' Compensation Claims Professionals (WCCP) webinar, May 15, 2026
    • Florida's New Rules of Civil Procedure and Impact on Workers' Compensation Claims, The Florida Bar Workers' Compensation Section webinar, September 10, 2025
    • Legal Updates/Changes Impacting Florida, 2024 Northeast Florida Disability Management Forum, October 4, 2024
    • Motions to Dismiss and Motions for Summary Final Order, webinar, Florida Bar Workers' Compensation Section, May 8, 2024
    • Hot Topics for Attorneys, WCI Annual Conference, Orlando, FL, August 22, 2023
    • Talking About Generations, 2023 International Association of Rehabilitation Professionals Annual Southeast Florida Workers' Compensation Claims Conference, Sunrise, FL, March 10, 2023
    • Workers' Compensation Law and Ethics Update, Marshall Dennehey webinar, May 13, 2022
    • Average Weekly Wage and Indemnity Benefits (Other than PTD), Florida Bar Workers' Compensation Forum, April 15, 2021
    • Pre-Existing Conditions, Major Contributing Cause and Apportionment, Marshall Dennehey webinar, December 3, 2020
    • Ethical Requirements: Empathy and Ethics in Workers' Compensation, WCCP Annual Holiday Conference, November 18, 2020 
    • How Medical Marijuana Is Impacting Workers’ Compensation, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
    • Average Weekly Wage and Indemnity Benefits, Florida Bar Workers' Compensation Forum, April 11, 2019
    • Roundtable: Don’t Just Roll the Dice – Hot Topics in Evaluating Personal Injury Claims, Marshall Dennehey Florida Claims Symposium – Casino Royale, Tampa, FL, September 20, 2018
    • Average Weekly Wage and Indemnity Benefits (Other than PTD), 2018 Florida Bar Workers' Compensation Forum, April 13, 2018
    • Stop Work Orders, Association of Builders and Contractors, Jacksonville, FL, August 2017
    • Specialty Drugs in Workers' Compensation, The CLM Business and Insurance Workers' Compensation Conference, Chicago, IL, May 2017
    • Average Weekly Wage and Indemnity Benefits (Other Than PTD), The Florida Bar Workers' Compensation Forum, Orlando, FL, April 2016, April 2017
    • Recent Changes to Florida Workers' Compensation Law, The CLM, Jacksonville, FL, November 2016
    • Workers' Compensation Overview, Fidelity National Financial Conference, April 2014
    • Workers' Compensation In Florida, guest instructor for Florida Coastal School of Law, Contruction Law Class, 2012, 2014
    • Social Security Disability Appeals, Jacksonville Area Legal Aid, Jacksonville, FL, November 2014
    • Fundamentals of Workers' Compensation, Sterling Education Seminar, Jacksonville, FL, April 2013
    • The Medicare Super Lien and Other Liens Simplified, National Business Institute Seminar, Jacksonville, FL, 2013
    • Case Law Update, IARP, Select Medical Workers' Compensation Roundtable, Florida State Collge of Jacksonville, April 2012
    • Credit Abuse Resistance Education, Jacksonville Area Legal Aid Seminar, July 2010
    • Board Certified Specialist, Workers' Compensation, The Florida Bar

Results

Settlement Agreements Upheld in Florida Workers’ Compensation Cases

We successfully argued that a settlement agreement, based upon a binding and enforceable agreement reached via email between the parties, is enforced. The claimant had given her attorney authority to settle, but subsequently changed her mind. Based upon case law, there was unequivocal authority to settle and it was too late for the claimant to negate the agreement previously reached. The judge of compensation claims agreed and upheld the settlement. In another matter, we filed a motion to enforce a settlement agreement reached by the parties at mediation, which the judge of compensation claims granted. Despite attending mediation, reaching an agreement and having a mediation report drafted, the claimant did not sign the agreement. He then terminated the services of his attorney and retained new counsel. At the hearing held before the judge, Linda called the claimant’s former attorney as a witness and also conducted a direct examination of the claimant. Ultimately, the judge found that the claimant had agreed to settle and changed his mind later. Therefore, the settlement agreement was enforced.

Judge doesn’t buy that chemical exposure was major contributing cause for claimant’s complaints.

We won a total controvert on a workers’ compensation exposure claim and successfully defended a denial. The claimant alleged exposure to a toxic airplane paint thinner at a plant in Kentucky in December of 2019. He was a subcontractor of the airplane manufacturer, but a Florida employee. The claimant complained of breathing issues and skin rashes. He sought treatment at an emergency room in Kentucky on the date of alleged exposure ,and again approximately 10 months later for skin rashes. However, the claimant was able to continue working without any wage loss the entire time. The employer/carrier denied and defended on the basis that the claimant could not prove causation by clear and convincing evidence pursuant to F.S. 440.02. The claimant obtained an IME, which opined that his breathing issues could be attributable to the alleged exposure, but that the rashes most likely were not. The claimant’s IME physician opined that the claimant needed to undergo additional testing to determine causation. The employer/carrier’s IME opined that the major contributing cause of the claimant’s rashes and breathing issues was not the alleged exposure. The Judge of Compensation Claims accepted the employer/carrier’s IME and held that the claimant failed to prove that a workplace chemical exposure was the major contributing cause of his complaints. 

Thought Leadership

Viewpoint: Florida’s New Heat Exposure Law May Impact Workers’ Comp

September 13, 2024

Florida House Bill 433, which was signed by Governor DeSantis in April and went into effect on July 1, 2024, prohibits cities and counties from requiring employers to provide their workers with shade, water breaks and other protections from hot temperatures. The law’s sponsor, Tiffany Esposito, R-District 77, explained that the goal was to prevent counties from having differing regulations. However, there are currently no laws in Florida that require heat protection for outdoor workers.

Defense Digest

Attorneys Behaving Badly: Sanctions, Attorney’s Fees and Costs in Florida Workers’ Compensation Claims

September 1, 2023

Key Points: Florida workers’ compensation law allows for sanctions. While Judges of Compensation Claims are generally hesitant to award sanctions, there are very limited circumstances where they will do so. The vast majority of the time, the Florida workers’ compensation bar is a model of professionalism. There are more than 100,000 attorneys in the state of Florida, but the workers’ compensation bar is still small enough that everyone gets to know each other after practicing for a few years. They ask about kids and families. They celebrate weddings and share vacation pictures on social media. They are empathetic and move a deposition if someone is sick. Attorneys on opposite sides are friendly when encountering one another at conferences, seminars, and Inns of Court meetings. And it’s because of this genuine congeniality that most cases move through the system without overly antagonistic litigation. But there are always a few outliers. Judges of Compensation Claims (JCC) occasionally have to struggle with how to handle repeat violators as Florida workers’ compensation law does not have a bad faith clause. So how does a JCC send a message with some teeth when an attorney is unprofessional, overly aggressive, unresponsive, or hostile? Case law from the last few years has given us some guidance on what the First District Court of Appeals has found to be within the jurisdiction of the JCCs. Florida workers’ compensation law allows for sanctions pursuant to DOAH Rule 60Q-6.125 by striking claims, petitions, defenses, and pleadings, or allowing for the imposition of costs or attorney’s fees. It also allows for other general sanctions that the JCC may deem appropriate. However, traditional F.S.57.105 sanctions that are available in civil cases are not applicable in administrative workers’ compensation claims, unless they are at an appellate level.  In Mary Hektner v. School Board of Brevard County, OJCC# 13-014654RLD, 1st DCA 1D18-3792, PCA date April 15, 2019, counsel for the claimant had scheduled and noticed the adjuster’s deposition multiple times. A motion for protective order was filed and the employer/carrier’s attorney alleged that the deposition was going forward only to harass, annoy, or embarrass his adjuster and that there were very limited contested issues. The docket indicates extensive litigation and multiple issues appealed to the First District Court of Appeals. Relating to this adjuster’s live deposition, the attorney for the employer/carrier traveled from Orlando to Pompano Beach, stayed overnight in a hotel, and spent extensive time preparing the adjuster for the deposition. Counsel for the employer/carrier emailed claimant’s counsel three times and called multiple times, attempting to confirm that the deposition was going forward. Claimant’s counsel neither responded to the emails nor returned the calls. On the date of the deposition, he failed to appear in person or participate by phone. After the deposition was set to begin, claimant’s counsel’s office advised that the deposition was canceled. The employer/carrier then filed a motion for sanctions. The JCC ultimately found the circumstances warranted sanctions against claimant’s counsel only, and not the claimant. Pursuant to Florida Rules of Civil Procedure 1.310, the JCC awarded $3,661.50 for the employer/carrier attorney’s fees and $362.39 for costs. The First District Court of Appeals affirmed the decision per curiam.  In a similar case, Carlos Santiago v. American Airlines, OJCC# 19-029788JIJ 1st DCA 1D20-2931 PCA date April 5, 2022, Premise, a health care provider, filed a motion for sanctions against a claimant’s attorney after the granting of a motion for protective order. The claimant’s attorney (the same attorney from the Hektner case mentioned previously) had filed a motion to compel better responses when asked to produce a contract between the defendant/employer and Premise. The employer/carrier objected on the basis of relevancy and trade secrets privilege, as it related to the workers’ compensation case. The JCC granted Premise’s motion for protective order, finding the contract was not reasonably calculated to lead to admissible evidence. The judge entered an order denying the claimant’s motion, and the claimant then filed a motion for rehearing. Premise responded by filing a motion for sanctions based upon F.S. 440.32(3), indicating that there was no good faith argument related to the modification of existing law. Additionally, Premise argued the purpose for the motion for rehearing was to harass or needlessly increase the cost of litigation. A motion for rehearing cannot re-litigate the same issue, unless there is some reversal of existing law. In this case, Premise incurred legal fees in excess of $100,000 defending this issue. The JCC found that claimant’s counsel filed the motion for rehearing for an improper purpose and that an appropriate sanction was to pay an attorney’s fee to Premise’s Health in the amount of $3,358. The district court affirmed the decision per curiam.  On the other hand, in an evidentiary order on motion for sanctions in the case of Wilmer Hernandez Perez v. Seacrest Services/Travelers Insurance, OJCC #20-016176TAH dated March 2, 2023, the JCC found that it did not have enough evidence to warrant sanctions after the claimant missed four different depositions. The claimant appeared for the hearing on the motion for sanctions and testified that he was unaware of one of the dates of the deposition. Additionally, a Florida provision pursuant to DOAH Rule 60Q-6.125 provides that the party shall be served, but not filed, within 21 days of service of the motion for sanctions. This gives the allegedly offending party the ability to correct the deficiency and avoid the actual filing of the motion for sanctions. In the present case, the employer/carrier did not serve the motion on the claimant 21 days before filing it. The JCC, therefore, denied the motion for sanctions, indicating it was not a violation of the rules and the motion for sanctions was deficient.  While Judges of Compensation Claims are generally hesitant to award sanctions, these cases show the (very limited) circumstances where they are pushed the edge to do so. The Florida workers’ compensation bar strives to maintain the collegial reputation that it has earned by avoiding the bad behavior outlined in the situations above and hoping that younger attorneys learn from these errors for the future.  *Heather is a shareholder in our Jacksonville, Florida, office. She can be reached at 904.358.4225 or HBCarbone@mdwcg.com.     Defense Digest, Vol. 29, No. 3, September 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Not So Fast. . . The Limitations of the Pennsylvania RELRA in Plaintiffs’ Civil Actions Against Real Estate Broker and Licensee Defendants

Much has been made of the importance and weight of the Pennsylvania Real Estate Licensing and Registration Act, 63 P.S. §§ 455.101, et. seq. (RELRA or Act). After all, a real estate broker generally cannot recover any commission absent a signed agreement that complies with RELRA. But can a plaintiff rely on RELRA as a distinct cause of action in a civil action as to a real estate broker or licensee defendant? The Superior Court has emphatically held that he or she cannot. In the unpublished opinion P. Perez Real Est. Holdings, LLC et. al. v. Home Sale Real Est. Servs., Inc., et al., No. 256 MDA 2025, 2025 WL 35389888 (Pa. Super. Ct. December 10, 2025), the Superior Court held that the Act “does not contemplate private actions for money damages as an enforcement mechanism and consequently, does not create a private cause of action.” citing Schwarzwaelder v. Fox, 895 A.2d 614, 620 (Pa. Super. 2006). While the Act authorizes the Bureau of Professional and Occupational Affairs, State Real Estate Commission, to regulate the conduct governed by RELRA, the Act alone does not create a stand-alone legal cause of action as to a broker-defendant in a civil action. See P. Perez, citing Schwarwaelder at 620. Nor can it be stated that RELRA creates or imposes any legally cognizable duties on real estate brokers or licensees. While the Act contains and refers to general concepts of duty (e.g. the agent must “exercise reasonable professional skill and care which meets the practice standards required by this act” and “to deal honestly and in good faith” 63 P.S. §§606.1 (a)(1),(2), or the broker has a duty to the buyer of property to take “action that is consistent with the buyer’s interest in transaction.”  63 P.S. §§606.3 (1)), these general concepts are secondary to the duties imposed by the required written agreement between the broker and consumer. For example, in P. Perez, a case in which the buyers-plaintiffs argued that the real estate broker failed to investigate recent legislation that would affect buyer’s intentions to convert the property to commercial space, the agreement between buyer and broker contained the following provision in the “Buyer’s Due Diligence” clause: Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination of the structural soundness of the property, the age or condition of the components, environmental conditions, the permitted uses, nor of conditions existing in the locale where the property is situated. . . Accordingly, the broker defendants expressly disclaimed any duty to buyers to inform them or determine whether any applicable zoning classifications, laws, or ordinances in the township applied to the properties in question. Moreover, the Superior Court refused to read provisions of the Act into the Agreement, citing Skiff re Buss, Inc. v. Buckingham Review, LP, 991 A.2d 956 (Pa. Super. 2010). In defending civil actions it is important for the defense attorney to identify any causes of action predicated solely on RELRA. Preliminary objections may be warranted to the extent that the plaintiff asserts RELRA as a stand-alone cause of action for monetary damages, a position struck down by the Superior Court of Pennsylvania in P. Perez.  Moreover, any attempt to create or heighten duties as to the broker defendants may be countered by the general proposition that the courts will not inject the vague concepts of “reasonable professional skill” or “good faith” where the written agreement has express provisions regarding the duties of the parties. Ironically, although RELRA is an important Act with which all realtors, brokers, and licensees should be familiar to guarantee that their commissions are in fact timely paid, it is not a strong stand-alone mechanism for a plaintiff’s attempts to recover monetary damages in a civil action.

Thought Leadership

Pennsylvania Superior Court Confirms RESDL Claims Are Subject to a Two-Year Statute of Repose

The Pennsylvania Superior Court recently concluded that claims under the Real Estate Seller Disclosure Law (“RESDL”) are subject to a two-year statute of repose running from the settlement date. This decision will further assist defending errors and omission claims against real estate agents as it bars any RESDL action commenced more than two years after the settlement date regardless of when the defect was discovered.  In Hollinger v. Deitrich, 2026 Pa. Super. LEXIS 328 (June 23, 2026), the buyers entered into an agreement of sale in April of 2017 to purchase a residential property. The settlement occurred in June of 2017. The buyers reviewed the seller disclosures that revealed the property had a sump pump in working order and a sump pit. The disclosures further noted no water infiltration into the basement, but disclosed rehab, an addition to the property and prior sewage backup.  Shortly after the settlement and closing, the buyers experienced flooding in their basement. In March of 2020, the buyers filed suit against the seller, the buyers’ real estate agent and broker and the seller’s real estate agent and broker alleging various causes of action including a violation of RESDL. The buyers alleged that they sought assurances from the agent defendants that no water infiltration occurred on the property. They further alleged that both agents lived in the area and should have known about the neighborhood water infiltration issues. The trial court granted summary judgment for the seller and the seller’s agents and dismissed the RESDL violation.  Relying on the Supreme Court’s decision in Gidor v. Mangus d/b/a Mangus Inspections, 345 A.3d 629 (Pa. 2025), the court explained that a statute of limitation begins to run from the time of the injurious occurrence or a discovery of the same. However, a statute of repose runs for a statutorily determined period after a definitively established event. Notably, a statute of repose eliminates a cause of action regardless of when the claim accrues. Because of this, a plaintiff may not invoke the discovery rule or other equitable tolling considerations.  RESDL requires that an action for damages, as a result of a violation of this chapter, must be commenced within two years after the date of final settlement. The court found that Section 7311(b) was clear and unambiguous that an action for damages pursuant to this chapter must be commenced within a certain time after a definitely established event that is independent of any injury or discovery of any injury. Since the buyers sued over two years after closing on the property, their statutory claims were time-barred. The court explained that the seller disclosure statement could not support common law or consumer protection claims, as using it would improperly expand remedies beyond the statute’s terms. Accordingly, the court upheld the trial court’s summary judgment ruling that the buyers’ claims under RESDL were barred by the statute of repose.  Accordingly, defense counsel should scrutinize complaints involving RESDL claims to ensure that such claims have been timely brought within two-years of the settlement date. A plaintiff will no longer be able to invoke the discovery roll to expand the time frame.

Thought Leadership

New Jersey Supreme Court Strengthens the Ongoing Storm Rule in Gallardo v. Walmart

The New Jersey Supreme Court recently expanded the protection afforded by the ongoing storm rule, under which commercial property owners generally have no duty to remove snow or ice while precipitation is actively falling absent unusual circumstances or a preexisting hazardous condition. In Gallardo v. Walmart, No. A-65-24 (N.J. July 30, 2026), the court significantly narrowed a common avenue plaintiffs have used to avoid summary judgment, holding that “ordinary efforts” to address winter conditions during an ongoing storm do not become actionable merely because an expert later claims those efforts made the conditions more dangerous. The case arose from a typical winter slip and fall. Mixed precipitation began around 11:30 a.m. Walmart's snow-removal contractor arrived about an hour later and salted the parking lot and walkways. Because accumulation was minimal, ranging from trace to 1/10th of an inch, the contractor did not plow. The plaintiff fell approximately 15 minutes after the salting was completed. The plaintiff did not contend that Walmart failed to respond to the storm. Instead, she argued that Walmart responded improperly. Her expert opined that salting without pretreating the lot caused melting and refreezing that resulted in black ice. That theory survived two summary judgment motions and ultimately persuaded a jury, which returned a verdict of approximately $1.33 million. The Appellate Division vacated the verdict because the jury had not been properly instructed on the ongoing storm rule, but remanded the matter for a new trial. The New Jersey Supreme Court reversed in a 4-3 decision and directed entry of summary judgment for Walmart. Applying Pareja v. Princeton International Properties, 246 N.J. 546 (2021), the Court concluded that Walmart's conduct fell within the protections of the ongoing storm rule. Salting a trace accumulation during an active storm was ordinary remediation, not the type of unusual circumstance that could give rise to a duty. The court further held that expert criticism of those efforts was insufficient to change that result. Following Pareja, plaintiffs frequently argued that a property owner forfeited the protection of the ongoing storm rule whenever an expert could identify some alleged flaw in the owner's response to the storm. Gallardo rejects that premise. The decision recognizes that imposing liability based solely on expert criticism of ordinary snow removal efforts would discourage property owners from taking any action during a storm and would undermine the very purpose of the doctrine. The ruling warrants a fresh look at pending winter premises liability cases involving active precipitation, minimal accumulations, mid-storm salting, alleged failures to pretreat, or expert opinions premised on melting-and-refreezing theories. Cases previously viewed as presenting substantial trial exposure may now be stronger candidates for summary judgment. At the same time, Gallardo does not eliminate all potential liability during an ongoing storm. A preexisting hazardous condition or genuinely unusual affirmative conduct may still support the imposition of a duty. Plaintiffs will also likely attempt to distinguish Gallardo based on the nature of the remediation efforts at issue and the specific facts of a case. The bottom line is that Gallardo strengthens the ongoing storm rule by restoring it as a meaningful summary judgment defense. Now, “ordinary” efforts to address winter conditions during an active storm do not become "unusual circumstances" simply because a plaintiff retains an expert to say they could have been done differently

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.