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.

###

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.

Trending Stories

January 22, 2025

Latest Updates
and Insights from Colson

Related News & Case Studies

MIAMI (January 22, 2025) – Colson Hicks Eidson is thrilled to announce that three of its partners have been named in the 2025 Lawdragon 500 Leading Lawyers in America. This impressive guide selects its lawyers through Lawdragon’s independent journalistic research and submissions process.

Now in its 20th year, Lawdragon 500 Leading Lawyers in America recognized Colson Hicks Eidson attorneys Julie Braman Kane, Roberto Martínez, and Curtis Miner for their exceptional work in litigation, plaintiff class action litigation, and white-collar practice areas.

Julie’s work has made a significant difference in the lives of her clients. She has represented plaintiffs in personal injury, commercial, and class action litigation, participating in cases securing hundreds of millions of dollars for clients, including recent resolutions of a data breach class action as well as multiple personal injury and wrongful death matters.

Curtis has tried cases to jury verdicts against auto manufacturers and airlines and has obtained sizable settlements in individual and plaintiffs’ class action litigation, having served as Class Counsel in cases against financial institutions arising out of Ponzi schemes and as part of court-appointed leadership counsel in the Takata Airbags Products Liability Litigation MDL, securing over $1.5 billion in settlements for classes of millions of vehicle owners.

Roberto has secured significant client wins in high-profile cases, including participating in settlements and judgments totaling in excess of $6 billion.

Click here to read the full guide on Lawdragon.

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.

A federal judge in Florida denied UnitedHealthcare’s motion to dismiss a lawsuit brought by a cancer patient seeking coverage for proton beam radiation therapy to treat his tongue cancer. The patient, Carlos Morera, alleges the insurer wrongfully denied benefits under his healthcare plan, forcing him to pay approximately $195,000 out of pocket for the treatment.

Stephanie A. Casey, a partner at Colson Hicks Eidson, represents Morera and successfully argued that the case should proceed.

“We look forward to presenting the merits of this case at trial. Proton beam radiation therapy has long been recognized as the standard of care for these types of cancers,” she said.

The court’s decision allows Morera to continue his fight to recover treatment costs. Read more about this case on Law360 here.

MIAMI (November 20, 2024) – Colson Hicks Eidson has been named to the 2025 edition of the “Best Law Firms” by Best Lawyers®, recognized at both the national and metropolitan levels. Seven of the firm’s attorneys were also named to the 2025 edition of Best Lawyers® across multiple practice areas.

“We are committed to delivering exceptional representation for our clients. This continued recognition of our firm’s core practice areas highlights the success of our efforts,” said Dean C. Colson, Managing Partner of Colson Hicks Eidson.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. Rankings are organized into regional and national tiers.

National Tier 2

● Mass Tort Litigation / Class Actions – Plaintiffs

Metropolitan Tier 1

Miami

● Bet-the-Company Litigation
● Commercial Litigation
● Criminal Defense: White-Collar
● Insurance Law
● Mass Tort Litigation / Class Actions – Plaintiffs
● Medical Malpractice Law – Defendants
● Medical Malpractice Law – Plaintiffs
● Personal Injury Litigation – Plaintiffs
● Product Liability Litigation – Plaintiffs

Metropolitan Tier 2

Miami

● Professional Malpractice Law – Defendants

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.

MIAMI (November 12, 2024) – Colson Hicks Eidson announced today that managing partner Dean Colson has been recognized in Florida Trend’s 2024 edition of the Florida 500, a publication highlighting the 500 most influential executives across various economic sectors in the state.

The publication notes that Dean’s credentials include chairing the state university system’s Board of Governors, the board of trustees for Florida International University, and the board of trustees for the University of Miami.

Dean is renowned as a top trial lawyer in the U.S. with 40 years of experience in complex civil litigation, personal injury, product liability, and professional malpractice. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Dean has demonstrated a strong commitment to community service through various leadership roles. He has been actively involved with the Institute of Contemporary Art in Miami, supporting access to the arts. He’s also been president of the Orange Bowl Committee and chaired the Super Bowl XXIX Host Committee. He served on the Florida Commission on Ethics and chaired the Florida Supreme Court Judicial Nominating Commission. He previously served as President of the Dade County Bar Association and as a distinguished member of the Florida Bar Board of Governors. Most recently, the Coral Gables Community Foundation recognized Dean at its 2024 Annual Gala with the Education Award.

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 to 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 U.S. Attorney’s Office for the Southern District of Florida has launched a new Whistleblower Non-Prosecution Pilot Program. It reinforces the recent efforts of the Department of Justice Criminal Division’s new Corporate Whistleblower Awards Pilot Program.

The local pilot program offers non-prosecution agreements in exchange for the early and voluntary self-disclosures of criminal conduct.  The Department’s pilot program offers financial rewards to a whistleblower who provides original and truthful information about corporate misconduct that results in a successful forfeiture.  

Both pilot programs require the prompt disclosure of truthful and complete information.   

At Colson Hicks Eidson, our attorneys have advised and represented clients across the full range of internal investigations, government inquiries, enforcement actions, whistleblower actions, and civil and criminal trials.  For further information, contact us at 305-476-7400 or info@colson.com.

MIAMI (June 24, 2024) – Colson Hicks Eidson announced today that six of its attorneys have been named in the 2024 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 Lipshultz has been recognized as a Rising Star.

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.