O.J. McDuffie, a former Miami Dolphin wide receiver felt vindicated when he won an $11 million medical malpractice award against noted Miami orthopedist Dr. John Uribe. However, that vindication was short lived.
A Motion for a new Trial was filed and a hearing was conducted August 2, 2010. The Defendant raised the following 4 issues as grounds for a New Trial:
1. Plaintiff’s improper use of a chapter in a medical textbook;
2. Plaintiff’s references to steroid injections;
3. Plaintiff’s late disclosure and use of a computer animation that did not accurately depict Plaintiff’s injury;
4. Plaintiff’s counsel engaged in egregious misconduct during closing arguments requiring a new trial.
On September 30, 2010 Judge Michael Genden granted the Defendant’s motion for a new trial and vacated the judgment.
Judge Genden found for the Defendant on 3 of the 4 issues raised. The only point that was found to not be prejudicial was the computer animation, because the Judge gave the jury a curative instruction.
This was a very high profile case, both on The Plaintiff’s side and the Defendant Doctor. Both are very well know in their own right. The case will now go on appeal to the 3rd District Court of Appeal which will decide whether the Verdict should be vacated as per Judge Genden or upheld.