Shartz v. Miulli
127 So. 3d 613
| Fla. Dist. Ct. App. | 2013Background
- Matthew Miulli died at 17 from congenital aortic valve stenosis during preseason baseball; death attributed to cardiac arrest.
- For ten years before death, Matthew was under pediatric cardiologist Dr. Thomas Edwards, with prior clearance for baseball but not contact sports.
- In August 2004, HealthPoint physician Dr. Shartz signed a sports release allowing baseball participation after limited cardiology inquiry.
- Dr. Shartz later learned Matthew had not seen a cardiologist since August 2002 and attempted to revoke the release; he left multiple messages and sent letters about revocation.
- The 2004 release was unused for baseball; both Miullis stated they planned cardiology follow-up before January 2005; no cardiology visits occurred before Matthew’s death.
- The jury awarded Mrs. Miulli damages, but the trial court later denied a directed verdict; on appeal the court reversed and remanded with instructions for judgment in favor of Shartz and HealthPoint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there substantial causation evidence to survive a directed verdict? | Wertheimer’s testimony showed a breach in standard of care causing reliance on the 'closed loop' | No proof that closing the loop would have prevented the death; causation too speculative | Directed verdict for Shartz and HealthPoint (reversal of verdict) |
| Did Wertheimer's causation opinion satisfy legal sufficiency given her specialty and record facts? | Opinion supported greater weight of evidence and standard of care breach | Opinion was conclusory and improperly extrapolated from absent facts | Not sufficient to create a jury issue on causation; reversal of judgment |
| Did lack of evidence about post-2002 cardiac status preclude causation finding? | Absent evidence, cannot prove what would have happened; not needed to prove medical fault | Without post-2002 data, causation cannot be established | Directed verdict required; causation unmet; remand with judgment for defendants |
Key Cases Cited
- Gooding v. Univ. Hosp. Bldg., Inc., 445 So.2d 1015 (Fla. 1984) (plaintiff must show more than decreased chance of survival; mere speculation not enough)
- Tarpon Springs Hosp. Found., Inc. v. Reth, 40 So.3d 823 (Fla. 2d DCA 2010) (de novo review of directed verdict; standard of causation)
- Cox v. St. Josephs Hosp., 71 So.3d 795 (Fla.2011) (causation and expert testimony standards; need medical probability)
- Mount Sinai Med. Ctr. of Greater Miami, Inc. v. Gonzalez, 98 So.3d 1198 (Fla. 3d DCA 2012) (causation testimony must be fact-based, not conclusory)
- Harris v. Josephs of Greater Miami, Inc., 122 So.2d 561 (Fla.1960) (expert opinion must be supported by facts underlying the opinion)