$216.8 Million Verdict for Stroke Patient Misdiagnosed as Sinusitis
After trial: The case settled confidentially in March 2007, before appellate review.
Won by The Yerrid Law Firm.
A Hillsborough County jury awarded $216.8 million to Allan Navarro after an emergency room misdiagnosed his stroke as sinusitis, leaving him permanently paralyzed. It was the largest medical malpractice verdict in Florida history at the time.
What happened
On August 9, 2000, Allan Navarro, a 50-year-old former professional basketball player, walked into the Carrollwood emergency room at University Community Hospital in Tampa complaining of severe headache, nausea, dizziness, and double vision. He told staff he had a family history of strokes. Despite those warning signs, the first person to examine him was an unlicensed expediter named Mark Herranz, not a physician. The attending doctor, Dr. Michael Austin, ordered CT scans, which came back negative, and discharged Navarro with a diagnosis of sinusitis and a prescription for painkillers.
Navarro returned the following morning with worsening symptoms. New scans revealed what the night before had missed: he had suffered an ischemic stroke in the cerebellum. Emergency brain surgery followed that afternoon. He spent a month in the hospital and roughly three months in a coma. When he emerged, he was permanently paralyzed, incontinent, and unable to eat or speak clearly. He requires around-the-clock care.
The Navarro family filed suit in 2002 in Florida's 13th Judicial Circuit. The case reached trial in September 2006 before Judge Gregory Holder. Lead plaintiffs' attorney C. Steven Yerrid, joined by co-counsel David Dickey and Richard Gilbert, argued that Franklin, Favata and Hulls, the medical group running the ER, had built a system that placed profit over patient safety by routinely having unlicensed staff conduct patient examinations without disclosure or physician oversight. The group spent 16 months in discovery before identifying Herranz as the expediter, and the judge later found evidence of active concealment. Franklin Favata filed a bankruptcy petition the day before the punitive damages phase; the court dismissed it as filed in bad faith.
After an 18-day trial, the jury returned a compensatory verdict of $116.7 million, allocating fault 25 percent each to Austin and Herranz and 50 percent to Franklin Favata. The economic component was $15.6 million; the noneconomic component, for Navarro's pain, disability, and loss of life enjoyment, was $100.5 million. A separate punitive phase then added $100.1 million against Franklin Favata, bringing the total to $216.8 million. The verdict was the largest medical malpractice award in Florida history. The Navarro family announced they would donate the entire punitive award to charities supporting spinal cord and brain injury patients.
Both defendants appealed to Florida's Second District Court of Appeal. The case also generated parallel insurance coverage litigation: Dr. Austin sued his insurer, ProNational, alleging it had pressured him during the case. Florida Bar commentators noted the verdict was likely one of the last of its magnitude in the state, because a 2003 tort reform law capped noneconomic damages in emergency room cases at $150,000. The Navarros' suit, filed in 2002, was grandfathered under the prior rules.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Insurance Journal: Fla. Jury Awards $217M to Misdiagnosed Stroke Patient (Oct. 10, 2006)·Archived copy
- 2.Tampa Bay Times: Navarro punitive damages verdict, $100.1M (Oct. 4, 2006)·Archived copy
- 3.Florida Bar Journal: Neither Goose Nor Gander (opens with the Navarro verdict facts and the $116.7M/$100.1M breakdown)·Archived copy
More proven verdicts from The Yerrid Law Firm
All The Yerrid Law Firm proven verdicts →C. Steven Yerrid, the youngest of Florida's 11-lawyer 'Dream Team,' added racketeering and conspiracy charges that tripled the damages ceiling, helping the state secure what was then the largest civil settlement in American history against the tobacco industry.
A Hernando County jury returned a $330 million verdict for Angela Stone after a drunk driver ran a stop sign and fatally struck a minivan carrying her 13-year-old daughter.
A Hillsborough County jury awarded $76.8 million in compensatory damages to the family of Dana Maria Rivera, a 36-year-old mother of four killed on February 28, 2025, when Nicholas Betancourt, released from a DUI arrest that same morning, crossed the center line on Gunn Highway in Odessa while impaired by cocaine and methamphetamine.
A Hillsborough County jury returned a $64.5 million verdict for Robert Matthews, a young construction worker left permanently disabled after an 11,000-pound prefabricated building shifted and collapsed on him at a Mosaic fertilizer company mine site.
Related medical malpractice verdicts
A Utah judge entered a $951 million default judgment against Steward Health Care after newly trained nurses, an excessive Pitocin drip, and a delayed C-section at Jordan Valley Medical Center left a newborn permanently brain damaged.
A Gainesville jury awarded $900 million, including $700 million in punitive damages, to stroke survivor Joseph Webb over neglect at the University Place Care and Rehabilitation Center, in a Wilkes & McHugh case tried against defaulted Trans Healthcare entities with no defense present, but Florida's First District Court of Appeal reversed the judgment in 2013 because the trial court had refused to let a defense lawyer appear, and the money was never collected; the estate's claim was later resolved for a small share of a multi-estate bankruptcy settlement.
A Clark County jury ordered Health Plan of Nevada and Sierra Health Services to pay $524 million after finding the UnitedHealth Group subsidiaries negligently credentialed a gastroenterologist whose unsafe injection practices at his Las Vegas endoscopy clinics caused the largest medically caused hepatitis C outbreak in American history.
Georgia Hayes, a Kansas City area ovarian cancer patient, sued pharmacist Robert Courtney after learning he had diluted the chemotherapy drugs used in her treatment. A Jackson County jury found Courtney liable and awarded Hayes $225,571,439 in compensatory damages and $2 billion in punitive damages, the first of hundreds of similar suits against Courtney to reach trial. The trial judge later found the award excessive and cut it by remittitur to $330,071,439, and that reduced judgment stood. Hayes herself and the case reporter covering the verdict both said she was unlikely to ever collect a significant portion of it.