It was a death that could have been prevented but instead left a spouse without his partner in life, plaintiffs counsel argued.

Gary Alan Friedman, a partner at Friedman & Friedman, secured a $30 million verdict for his client, Alfredo Victor Fernandez, in a medical malpractice case involving Baptist Health Medical Group Orthopedics, and doctors Francisco A. Cruz and Charles Jordan.

Alfredo's wife, Maria, initially suffered an ankle injury, which lead her to consult with Jordan. Her lawyer said she later died while under Cruz's care, from blood clots that could have been prevented with lifesaving medicine.

The case had several hurdles to overcome to win the judgment for Fernandez.

For one, Maria was in her 70s and was retired. Friedman was unable to prove an economic loss from lost wages, and the couple did not have young children. In Miami-Dade Circuit Court, Friedman instead focused the jury on the tragic experience of a widower losing his long-term life partner.

"That loss was very real and very profound for her husband, and no amount of money could bring back the loss of a loved one," Friedman said. "So that's the value that the jury placed on them. On that love story and that relationship."

The case centered on the alleged failure of two doctors, Jordan and Cruz, in their treatment of the plaintiff's wife. While an initial treatment plan seemed to be precisely what the patient needed to recover from her routine injury, a jury gave damages to the surviving spouse because the doctors failed to follow through with the plan.

The jury found Jordan was responsible for 5% and Cruz 95%. In the $30 million verdict, final judgment was entered for $1.5 million for Jordan. A confidential settlement was entered with Cruz for the remaining balance.

Ongoing litigation

A lawsuit is still pending against St. Anne's Nursing Center & Residence, the rehab center where Maria Fernandez was sent. It also focuses on the role Cruz played.

In January 2016, after fracturing her ankle, Maria Fernandez arrived at Jordan's office for treatment. Swelling had to decrease before the doctors could perform surgery, according to court filings. Friedman said Maria Fernandez had a risk factor for developing deep venous thrombosis. Jordan ordered blood pressure and blood-thinning medication, along with directions to intermittently put pressure on the leg to stimulate blood movement and avoid a clot.

"So before she leaves the hospital, an orthopedic writes a note saying that she's going to need anticoagulants, which she is going to need for the next 21 days," Friedman said. "So then she is transferred to St. Anne's Rehab. When she reaches St. Anne's nursing home, she doesn't get the DVT prophylaxis of any kind. Yet she still has the same risk factors."

Maria Fernandez did not have any blood clots during her initial nine days at St. Anne's Rehab. Jordan, the treating doctor at the orthopedic facility, disputes that it was his role to make sure the patient was on the medication while at the rehab center.

Lawyers for Jordan declined to comment.

'This guy orders Robitussin'

Friedman says since Jordan put together the care plan, it was his responsibility to ensure the patient was given the medication to avoid blood clots, as he was checking her X-rays and speaking to her.

"It would be different if he left the hospital and never saw her again. But in this case, she came back to his hospital, and he knew she was not getting it and he knew she still needed it," Friedman said. "And he didn't even pick up the phone to figure out why he wasn't getting it and what was he going to do about protecting her?"

After her initial stint at St. Anne's, the patient was sent back to the same rehab facility. Within days, she was having blood clots and had a fever. Cruz was treating Maria Fernandez while she was at St. Anne's. Friedman alleges Cruz did not do anything about her worsening condition. On Feb. 7, 2016, the morning of Maria's death, Cruz was alerted that his patient had severe breathing problems and pneumonia.

"Chris Rock did a comedy on it: Robitussin! It's very funny. YouTube it. 'You have a broken arm? Daddy gives you Robitussin. You fall down and break your neck? Daddy says use that Robitussin.' And so what does Dr. Cruz do?" Friedman said. "He orders Robitussin. Unfortunately, the lady is having a pulmonary aneurysm, which is why she is heating up. She is about to die, and this guy orders Robitussin."

Maria died soon afterward. An autopsy later showed Maria died of pulmonary embolism, which is caused by clots that blocked the blood flow to the lungs.

Lawyers for Cruz declined to comment.

Cruz disputes this series of events. He alleged that he wanted to give his patient blood-thinning medication, but she refused it.

However, no documentation supports this claim, according to Friedman.

"If she accepted the DVT prophylaxis in the hospital three days earlier, why would she refuse it at St. Anne's?" Friedman said. "That wouldn't make any sense."

Case: Alfredo Victor Fernandez vs. Baptist Health Medical Group Orthopedics, Francisco A. Cruz, Charles Jordan

Case No.: 2018-013104-CA-01

Description: Medical malpractice

Filing date: April 23, 2018

Verdict date: March 6, 2020

Judge: Miami-Dade Circuit Judge David C. Miller

Plaintiffs attorneys: Gary Alan Friedman, Friedman & Friedman

Defense attorneys: Frederick E Hasty, III, Wicker Smith; Kevin Patrick O'Connor, Foley & Mansfield

Verdict amount: $30 million