Federal Judge Awards $1.25 Million in First Malpractice Trial against VA Hospital over Contaminated Endoscope

November 28, 2012 / 12:48 pm

Judge Adalberto Jordan entered his ruling Nov 19th, awarding Robert Metlzer and his wife $1.25 Million for Pain & Suffering and Economic Loss

Miami, Florida, November 28, 2012 – After 16 months of deliberation, Federal Judge Adalberto Jordan has entered a ruling in favor of the Plaintiff in the first trial in a medical malpractice case against a United States VA Hospital for improperly sanitizing medical equipment and infecting patients with blood borne diseases including HIV, Hepatitis C and Hepatitis B. “We hope that this verdict will go a long way in promoting quality health care for our veterans seeking care at Veteran administration and military hospitals and clinics throughout our country. The men and women that serve our country in this capacity deserve the best care; not sloppy, dirty and dangerous medical care,” said a partner at Coral Gables-based Colson Hicks Eidson and attorney for plaintiffs Mr. & Mrs. Robert Metzler.

The case alleged that Robert Metzler, a 69 year old Air Force Veteran, contracted Hepatitis C at the Miami VA hospital as a result of the hospital’s improper sanitation practices. On June 13, 2007, Mr. Metzler underwent a colonoscopy with lesion removal at the Miami VA Healthcare Center. On March 23, 2009, Mr. Metzler was notified by letter from the Department of Veterans Affairs that he should be tested for certain blood borne illnesses, including hepatitis, because some medical equipment used in the endoscopies and colonoscopies at the VA were not properly sanitized in between patient procedures. After receiving the letter, Mr. Metzler was tested on March 27, 2009 and found to have Hepatitis C. Based on his having previously tested negative for Hepatitis in August 2006, Mr. Metzler’s VA doctors determined that this was a “new, active infection.”

“As a result of the negligence of the VA staff and health care providers, Mr. Metzler contracted Hepatitis C during a routine medical procedure because the equipment was not properly cleaned, sterilized, or sanitized,” added a Colson Hicks Eidson representative. An investigation conducted by the Department of Veterans Affairs reported that more than 11,000 veterans received colonoscopies with improperly-cleaned equipment between 2004 and 2009 at VA hospitals in Miami, Murfreesboro, Tenn., and Augusta, Ga.

The case was tried in Federal Court by Deborah J. Gander from July 11 – 17th, 2011 on behalf of the plaintiffs. The United States of America Dept. of Veterans Affairs was represented by Assistant U.S. Attorney Lawrence Rosen.

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About Colson Hicks Eidson

The Law Firm of Colson Hicks Eidson is a trial firm with more than 40 years of experience handling local, national and international litigation. Partners at the firm have had the distinction of holding the following offices: President of the 60,000-member American Association for Justice; President of the International Academy of Trial Lawyers; President of the Academy of Florida Trial Lawyers; President of the Dade County Bar Association; President of the Miami-Dade Florida Association of Women Lawyers; United States Attorney for the Southern District of Florida; and Chairman of the Florida Federal Judicial Nominating Commission. For more information, call 305-476-7400.

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Colson Hicks Eidson is proud to share that ten of its attorneys—more than half of the firm—have been recognized in the 2026 edition of The Best Lawyers in America®. 

Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac, Jr., Julie Braman Kane, Roberto Martinez, and Curtis Miner are listed in The Best Lawyers in America®. Eleni I. Constant, Zachary A. Lipshultz, and Sabrina S. Saieh are recognized in Best Lawyers: Ones to Watch.

Best Lawyers’ lists of outstanding lawyers are developed through peer review surveys where tens of thousands of lawyers evaluate their professional peers. Best Lawyers recognized attorneys in all of the firm’s core practice areas. 

Stephanie A. Casey

Commercial Litigation

Mass Tort Litigation / Class Actions – Plaintiffs

Dean C. Colson

Bet-the-Company Litigation

Commercial Litigation

Personal Injury Litigation – Plaintiffs

Product Liability Litigation – Plaintiffs

Professional Malpractice Law – Defendants

Professional Malpractice Law – Plaintiffs

Lewis S. “Mike” Eidson

Mass Tort Litigation / Class Actions – Plaintiffs

Product Liability Litigation – Plaintiffs

Joseph J. Kalbac, Jr. 

Commercial Litigation

Insurance Law

Mass Tort Litigation / Class Actions – Plaintiffs

Personal Injury Litigation – Plaintiffs

Product Liability Litigation – Plaintiffs

Julie Braman Kane – “Lawyer of the Year”

Commercial Litigation

Medical Malpractice Law – Plaintiffs

Personal Injury Litigation – Plaintiffs

Roberto Martinez

Bet-the-Company Litigation

Commercial Litigation

Criminal Defense: White-Collar

Curtis Miner

Commercial Litigation

Criminal Defense: White-Collar

Mass Tort Litigation / Class Actions – Plaintiffs

Personal Injury Litigation –  Plaintiffs

Eleni I. Constant

Personal Injury Litigation – Plaintiffs

Zachary A. Lipshultz

Commercial Litigation

Mass Tort Litigation/ Class Actions – Plaintiffs

Personal Injury Litigation – Plaintiffs

Sabrina S. Saieh

Mass Tort Litigation/ Class Actions – Plaintiffs

Personal Injury – Plaintiffs

Product Liability Litigation – Plaintiffs

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to celebrate two of our attorneys for receiving prestigious awards at the 2025 American Association for Justice Annual Convention in San Francisco.

President and Senior Partner Lewis S. “Mike” Eidson was awarded the Leonard M. Ring Champion of Justice Award, which recognizes outstanding integrity and overall character demonstrating Leonard M. Ring’s devotion to human and civil rights. Mike is a past AAJ president and long-respected national trial lawyer. He has spent his career advancing justice, defending the right to trial by jury, and shaping the future of the profession through his leadership and unwavering commitment to mentorship.

Partner Julie Braman Kane, also a past AAJ President, delivered powerful remarks on Mike’s behalf, celebrating his legacy and the profound impact he’s made on the legal community and beyond. Julie has spent her entire career at Colson Hicks Eidson, a testament to the inspiration Mike has provided to generations of trial lawyers. 

Partner Curtis Miner was also awarded with the Steven J. Sharp Public Service Award, which recognizes plaintiffs and the attorneys of plaintiffs whose cases help tell the story of the American civil justice system. Curt was recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to change laws to make condominiums safer and helped secure $1.2 billion in settlements for the families and victims.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

The lawyers at Colson Hicks Eidson are committed to teamwork, professional development, and mentoring our younger lawyers. We are proud to announce that four of our attorneys have been named to the 2025 Lawdragon 500 X – The Next Generation guide. Congratulations to Eleni I. Constant, Aziza F. Elayan, Zachary A. Lipshultz, and Sabrina S. Saieh.

Lawdragon selects lawyers for this guide through independent research, submissions, and peer review, recognizing those who have demonstrated consistent excellence and significant impact, typically within 15 years of graduating law school.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to share that attorneys Zachary A. Lipshultz and Sabrina S. Saieh have been named to the 2025 Florida Super Lawyers Rising Stars list.

Zach’s practice spans all aspects of civil litigation in state, federal, and arbitral forums, at both the trial and appellate levels. He played a key role on the team that recently secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter caused a catastrophic fire that destroyed their home.

Sabrina focuses on product liability, commercial litigation, personal injury, class actions, and multidistrict litigation. She has represented clients in complex matters in federal and state courts, including cases involving defective products, dangerous drugs, catastrophic injuries, and mass torts. She was integral to the Takata Airbag Products Liability MDL—a high-profile class action tied to the largest automotive recall in U.S. history, resulting in settlements exceeding $1 billion.

Rising Stars recognizes top young attorneys who are 40 or under or have been in practice for 10 years or less. Only 2.5% of Florida lawyers earn this honor each year, following the same rigorous selection process used for Super Lawyers.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is thrilled to announce that seven of its attorneys have been named in the 2025 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary A. Lipshultz and Sabrina S. Saieh have been recognized as Rising Stars.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson President and Senior Partner Lewis S. “Mike” Eidson and Partner Curt Miner on being selected by the American Association for Justice to receive prestigious awards at the organization’s annual convention.

Mike will receive the Leonard M. Ring Champion of Justice Award, which honors AAJ members of outstanding integrity and character who have demonstrated a lifelong commitment to civil and human rights. A past AAJ president and long-respected national trial lawyer, Mike has spent decades advancing justice and protecting the right to trial by jury. 

“I am honored to receive this recognition,” Mike said. “It’s a privilege to be part of a legal community that shares a commitment to protecting people’s rights and ensuring access to justice.”

Curt was part of the team of attorneys who will receive the Steven J. Sharp Public Service Award, which honors plaintiffs’ attorneys and their clients who bring cases that highlight the vital role of the American civil justice system. Curt will be recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to help secure $1.2 billion in settlements for the families and victims. 

“It was one of the highlights of my career to work with the team of lawyers appointed by the Court, and our dedicated team at Colson Hicks Eidson, to help the many families that were impacted by this tragedy,” Curt said. 

The awards will be presented in July at the AAJ Annual Convention in San Francisco. Register here.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.