Case Background
This medical malpractice lawsuit began after Deborah Howe underwent a specialized medical procedure that resulted in severe internal complications. On February 28, 2022, Howe visited AdventHealth Orlando for an Endoscopic Retrograde Cholangiopancreatography (ERCP), a procedure typically used to diagnose and treat issues in the liver, gallbladder, and bile ducts. Following the procedure, she immediately experienced debilitating abdominal pain, intense nausea, and persistent vomiting, which led to her hospital admission for observation.
Cause
The legal dispute centered on the medical care Howe received between March 2 and March 7, 2022. During this window, she remained under the care of several physicians at Gastroenterology Associates of Central Florida. A CT scan performed on March 2 revealed significant fluid buildup in her abdomen, a sign that suggested her bile duct had been punctured or torn during the initial ERCP. Howe alleged that the medical team failed to react quickly to these findings. By the time a second ERCP confirmed the bile duct injury on March 7, the delay had caused extensive internal damage.
Injury
Because the medical team had not addressed the leak promptly, Howe suffered a significant "ERCP injury" that led to severe physiological harm. The prolonged exposure to leaking bile caused her to endure persistent leukocytosis (a high white blood cell count indicating infection), lack of bowel movement, and extreme bloating. The complaint stated that she suffered bodily injury, permanent disability, and a total loss of her capacity to enjoy life.
Damages Sought
Howe filed her complaint seeking compensatory damages exceeding $30,000, exclusive of interest and costs. Her legal team requested funds to cover her past and future medical expenses, nursing care, and hospitalization. Additionally, she sought compensation for non-economic losses, including mental anguish, physical impairment, disfigurement, and the inconvenience caused by her permanent injuries.
Key Arguments and Proceedings
The litigation progressed through the Ninth Judicial Circuit Court in Orange County, Florida. Throughout the proceedings, the Court examined whether the individual doctors had met the prevailing professional standard of care required of gastroenterologists in Florida.
Legal Representation
Plaintiff(s): Deborah Howe.
Counsel for Plaintiff(s): William E. Ruffier of the law firm Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP.
Defendant(s): Gastroenterology Associates of Central Florida, P.A. (doing business as The Center for Digestive Health), Samuel Giday, M.D., Ehsan Rafiq, M.D., and Marlon Ilagan, M.D.
Counsel for Defendant(s): Rafael E. Martinez | Zachary D. Trapp
Key Arguments or Remarks by Counsel
The legal teams clashed over the timeline of the diagnosis and the definition of a "reasonable" medical response.
Claims
Howe’s counsel presented several counts of negligence. They argued that Dr. Samuel Giday had been negligent because he failed to order immediate drainage and antibiotic coverage after the March 2 CT scan showed a suspicious fluid leak. Similarly, the Plaintiff claimed Dr. Ehsan Rafiq failed to properly assess her condition despite her worsening symptoms on March 5. Finally, the lawsuit alleged that Gastroenterology Associates of Central Florida held vicarious liability for the actions of these doctors, as they acted within the scope of their employment during her treatment.
Defense
The Defendants filed an answer and ten affirmative defenses to shield themselves from liability. They argued that Deborah Howe had been partially responsible for her own injuries through her own negligence. They also asserted that any complications she suffered resulted from the actions of other parties or entities beyond their control. Furthermore, the defense team invoked Florida statutes to argue for a limit on non-economic damages and requested a "set-off" for any payments Howe had already received from insurance or other collateral sources.
Jury Verdict
After hearing the evidence presented during the trial, the jury reached a decision on February 9, 2026. The jurors evaluated the specific conduct of the physicians involved to determine if their actions had legally caused Howe’s losses.
The jury specifically examined the negligence of Dr. Jason Korenblit and Dr. Ehsan Rafiq. According to the verdict form, the jury evaluated whether there was negligence on the part of these physicians that served as a legal cause of injury to Deborah Howe.
Following the jury's deliberations, the Court entered a Final Judgment on February 10, 2026. Despite the earlier claims of negligence, the final order entered judgment in favor of the Defendant, Gastroenterology Associates of Central Florida, P.A. The Court ruled that Deborah Howe shall take nothing from the action. Additionally, the Court reserved jurisdiction to determine the amount of attorney's fees and taxable costs to be awarded to the Defendant.
Court Documents
