Case Overview
Laila Elizabeth Michel was a 9-year-old girl from Jacksonville, Florida. On June 20, 2020, her father brought her to the pediatric emergency department at Wolfson Children’s Hospital. This followed prior assessments by her pediatrician and Jacksonville Fire Rescue. Dr. Robert F. Raspa examined her in the ER. Although he was certified in family medicine and geriatrics, he lacked emergency medicine credentials.
What Went Wrong?
Dr. Raspa allegedly misdiagnosed Laila’s condition. Over the next two days, her health declined. She returned to the ER on June 22 in worsening condition. Despite urgent efforts, she died at 5:55 p.m. Her parents claimed that a misdiagnosis and substandard care led to her death. They also alleged that ERG failed to enforce its requirement that ER doctors be board-certified in emergency medicine.
The Impact on the Family
Laila’s death left her parents, Joseph and Jillian Michel, devastated. They endured intense grief and mental suffering. The loss also disrupted their family life and emotional well-being. The suit emphasized their emotional trauma and the irreplaceable loss of a child’s companionship and support.
What the Family Is Seeking
The Michels sought damages exceeding $30,000. They pursued compensation for medical expenses, funeral costs, loss of future financial support, and emotional suffering. The claim included both economic and non-economic damages tied to Laila’s wrongful death.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Joseph Michel | Jillian Michel | Estate of Laila Elizabeth Michel (via personal representatives Joseph and Jillian Michel)
Counsel for Plaintiffs: Robert Lester McLeod II | Robert Travieso
Expert Witness for Plaintiff: Uzochukwu C. Odili | Mark R. Zonfrillo | Steven L. Shore
Defendants: Emergency Physicians, Inc. (d/b/a Emergency Resources Group) | Dr. Robert F. Raspa | Wolfson Children’s Hospital (Southern Baptist Hospital of Florida, Inc.)
Counsel for Defendants: Shannon Nicole Duggar | Tiffany Lynn Rohan-Williams | Earl Edwin Googe Jr.
Expert Witness for Defendant: Wray Anthony Gerard | Alan Leonard Nager | Julie Kim Stamos | Kurt John Stonesifer
Accusations
The family named three defendants: Emergency Physicians, Inc. (d/b/a Emergency Resources Group), Dr. Robert F. Raspa, and Wolfson Children’s Hospital. The complaint included:
Medical Negligence
Against Dr. Raspa for failing to properly diagnose and treat Laila’s condition.
Breach of Contractual Duty
Against ERG for permitting a doctor without emergency certification to work in a non–Fast Track ER setting.
Hospital Liability
Against Wolfson Children’s Hospital for its role in the ER oversight and provider arrangements.
Defense
The Defendants, Emergency Physicians, Inc. and Dr. Robert Raspa, responded to the amended complaint with broad denials and several affirmative defenses. They denied most allegations, including those related to negligence, vicarious liability, and damages. While they acknowledged certain contractual documents and medical records existed, they asserted those documents “spoke for themselves” and did not support liability. They also confirmed Dr. Raspa’s credentials in family medicine and geriatrics but emphasized he was not board-certified in emergency medicine. Additionally, they demanded a jury trial and opposed arbitration.
Separately, Baptist Wolfson (Southern Baptist Hospital of Florida, Inc.) denied any personal liability and claimed that none of its actions constituted negligence under Florida law. The hospital argued that Dr. Raspa was an independent contractor, not its agent, and that the Plaintiffs had acknowledged this in writing. Baptist Wolfson contended that any injuries or death resulted from independent or intervening medical factors, not the hospital’s conduct. They also asserted that any damages should be reduced due to contributory negligence by the Plaintiffs and reserved the right to expand their defenses as discovery continued.
Jury Verdict
On January 23, 2025, the jury returned a verdict in favor of the Defendants in the wrongful death case concerning 9-year-old Laila Elizabeth Michel. The jury found no liability on the part of Emergency Physicians, Inc., Dr. Robert F. Raspa, or Wolfson Children’s Hospital (Southern Baptist Hospital of Florida, Inc.).
The jury concluded that the Defendants did not breach the standard of care and that their actions were not the proximate cause of Laila’s death. As a result, no damages were awarded to the plaintiffs, Joseph and Jillian Michel. The court entered judgment accordingly, closing the case in favor of the defense.
