Bad news for former Miami Dolphins star, O.J. McDuffie, who once was awarded millions in damages stemming from what he says was bad medical advice that turned a toe injury into a career ender.

Florida's Third District Court of Appeal on Wednesday ruled against the athlete and sided with Dr. John W. Uribe, head team physician and orthopedic consultant for the Miami Dolphins team, and his medical practice.

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Click here to read the full ruling

With Judge Monica Gordo writing for the panel, the Third DCA found the lower court was correct in blocking testimony it deemed irrelevant, and evidence that it saw was improper, citing Muhammad v. State.

Miami-Dade Judge Michael Genden had thrown out the judgment in the first trial because he says a medical manual should not have been allowed as evidence.

The litigation stemmed from Uribe's suit for damages following his toe injury in 1999. In the first trial, the lower court entered final judgment in McDuffie's favor, awarding damages of $11.5 million to the Miami Dolphins' former star player.

Before the second trial in 2018, Uribe filed a motion to take out reference to the testimony or opinions from him and Mark Myerson, a treating doctor. That related to fault of Robert Mills, who preformed the second surgery, because it was improperly included in the first trial. Uribe should not have placed Mills on a verdict form, the DCA opinion says, because the doctor was not at fault. Uribe moved for a second trial, where he had a verdict returned in his favor.

A first-team All-American in college at Penn State University, McDuffie quickly became a go-to player for the Dolphins. He was the team's leading receiver during the 1996 to 1999 football seasons. In 1997, the Dolphins made John W. Uribe head team physician and orthopedic consultant for the football team.

But two years later, in 1999, McDuffie's stellar career suffered a major setback after a toe injury during the first half of a game against the New England Patriots. As a result of that injury, and permission given by Uribe that allowed McDuffie to continue playing not only in that game, but in other NFL games, McDuffie claimed that his condition worsened.

McDuffie alleged that during halftime in the Patriots game, Uribe performed an X-ray and examined him in the locker room. Based on that assessment, Uribe allowed the wide receiver to continue playing in the second half of the game, according to the athlete's third amended complaint filed in circuit court.

A subsequent MRI on the left big toe by Fort Lauderdale Regional found a far more serious injury. However, when the results were sent to Uribe, McDuffie alleged Uribe ignored them and continued to encourage McDuffie to play in future games.

McDuffie argued that he was unable to recover, despite multiple surgeries. He had minimal playing time during the 2000 season, then was placed on physically unable to perform status the next season, and was ultimately cut from the Dolphins' roster in February 2002.

McDuffie's lawyers, Bob Borrello, Herman Russomanno, Kimberly Boldt and Stuart Ratzan, plan to appeal.

"Mr. McDuffie is disappointed with the appellate ruling, and feels that he did not get a fair trial," plaintiffs counsel said in a statement. "As a result of rulings by the second trial judge, Dr. Uribe was able to prevent the jury in the second trial from learning that he and his expert in the first trial had taken inconsistent causation positions in the first trial by blaming the premature ending of Mr. McDuffie's career on toe surgery performed by another doctor, and that according to the trial judge in the first trial, Dr. Uribe had given testimony under oath 'that was not true.' Because causation and credibility were hotly disputed issues in the second trial, as they were in the first, Mr. McDuffie feels that the trial judge's exclusion of this important testimony affected the outcome. He expects to file a motion for rehearing."

Barry Postman of Cole, Scott & Kissane, lead trial counsel for the appellee, said in a statement: "It was an honor to represent a doctor of the caliber of John Uribe. We have long maintained that he acted appropriately in all aspects of his care to Mr. McDuffie. On behalf of all of the lawyers involved in Dr. Uribe's defense we thank the jury for reaching what we believe is the just result and pleased that the appellate court affirmed the jury's verdict. We wish the best to Mr. McDuffie in his future endeavors."

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