Palm Beach County

(26) JOHN FLANAGAN and NOREEN FLANAGAN vs. STACIE GINSBERG, D.O. and MD NOW MEDICAL CENTERS, INC. (Circuit Court of Palm Beach County, 15th Judicial Circuit, Florida)

County/Docket #/Judge: Palm Beach / 50-2017-CA-003783 / Donald W. Hafele

Plaintiff(s) Attorney(s): David H. Gold and Jonathan E. Gold of Gold & Gold, P.A., Boca Raton, FL

Defendant(s) Attorney(s): Robert J. Cousins and Scott C. Sankey of Quintairos, Prieto, et al., West Palm Beach, FL

Age/Sex/Occupation Of Plaintiff: John Flanagan: n/a / M / n/a; Noreen Flanagan: n/a / F / n/a

Cause Of Injury: Medical Malpractice/Urgent Care/Internal Medicine/Treatment of Patient with Shortness of Breath. On April 5, 2017, plaintiffs John Flanagan and Noreen Flanagan, a married couple, filed a medical malpractice action against defendants Stacie Ginsberg, D.O., and MD Now Medical Centers, Inc. Plaintiffs alleged that on April 8, 2015, John Flanagan saw Dr. Ginsberg at MD Now Medical Centers’ urgent care facility for shortness of breath, an aggressive cough, fluid in his chest, and diminished breath sounds. Dr. Ginsberg diagnosed him with asthma. Soon afterward, John Flanagan suffered a collapsed lung, which required aspiration and chest tube placement.  He spent about two weeks in intensive care. Plaintiffs alleged that Dr. Ginsberg was negligent in misdiagnosing John Flanagan with asthma, in failing to perform a basic cardiopulmonary workup that included ordering a chest X-ray, and in failing to consider an appropriate differential diagnosis. In addition to John Flanagan’s claim for damages, Noreen Flanagan filed a claim for loss of consortium.

Defendants denied plaintiffs’ allegations.

Nature Of Injury: Personal injuries; pain and suffering.

Expert Witnesses:
Plaintiff's:
Terrance Baker, M.D., Internal Medicine, Baltimore, MD

Defendant's:
Kevin Inwood, M.D., Internal Medicine, Jupiter, FL

Verdict: For Defendants on Feb. 7, 2020.

Judgment: For Defendants on Feb. 18, 2020.

Editor’s Note: The jury found that there was no negligence on the part of defendants that was a legal cause of damage to John Flanagan. On Feb. 24, 2020, plaintiffs filed a motion for new trial.