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Settlement Reached in Ava D'Andrea Medical Malpractice Case

On June 16, 2025, Rafferty Domnick Cunningham & Yaffa announced a significant legal victory in the medical malpractice case involving Ava D'Andrea, a young girl who suffered permanent injuries as a result of negligence during surgery at Nicklaus Children's Hospital. The terms of this confidential settlement have not been publicly disclosed, yet the misconduct related to the hospital and its legal representatives has now been documented in court records.

Background of the Case

The case, which began with a lawsuit filed in 2021 by Ava's parents, Duane and Christina D'Andrea, focused on allegations against the hospital staff and a treating physician for their failure to appropriately respond to alarming postoperative signals indicative of neurological distress. The D'Andrea family accused the medical team of delaying crucial tests and treatments when Ava began exhibiting early signs of paralysis. They argued that these negligent actions directly led to irreversible damage, resulting in lower-body paralysis and complications that will impact Ava for the rest of her life.

The trial commenced on June 9, 2024, shortly after the court sanctioned the defendants—including a prominent hospital system and legal team—for severe violations of court orders. The court's ruling indicated a troubling pattern of intentional concealment of evidence, systemic noncompliance with legal protocols, and a blatant disregard for the rules governing discovery processes.

Evidence presented during the trial detailed how the defendants repeatedly withheld essential documentation, misrepresented the existence of such documents, and failed to provide a privilege log over several months, which aggravated the situation for Ava’s case.

Emotional Toll on the D'Andrea Family

Sean C. Domnick, a shareholder at Rafferty Domnick Cunningham & Yaffa and co-lead attorney on the case, expressed the emotional burden placed on the D'Andrea family throughout this ordeal. He remarked, "For six years, the defense engaged in calculated efforts to avoid accountability while Ava faced life-altering injuries and the added strain of a legal battle marred by misconduct."

The distress the family endured was profound, as acknowledged in their statement: "We have spent the past six years trying to rebuild a future for Ava—one that will forever be shaped by this settlement. Through this process, we learned how greatly the odds are stacked against an injured child when a massive hospital system fights to conceal its failures. We are grateful that our small but determined legal team fought even harder to expose the truth and ensure justice prevailed."

Implications of the Settlement

Partner and co-lead attorney Nicole Kruegel expressed satisfaction with the settlement, stating, "We are extremely pleased with the result we were able to achieve for this remarkable family. It's been a privilege to stand by their side and help secure a resolution that supports Ava’s future. We’re proud that we never gave up and were able to prove what we always knew—that no one was being honest about what went terribly wrong on the day of her surgery."

Due to strict confidentiality agreements established as part of the settlement, further specifics regarding the financial aspects remain undisclosed.

Additional Information

For reference, the case number for this trial is 50-2021-CA-009038-XXXX-MB and it was filed in The Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. The D'Andrea family’s legal representation included Sean C. Domnick and Nicole Kruegel from Rafferty Domnick Cunningham & Yaffa, supported by appellate trial experts Andrew A. Harris and Grace M. Streicher from Harris Appeals, P.A.

About Rafferty Domnick Cunningham & Yaffa

Rafferty Domnick Cunningham & Yaffa is a litigation firm with a national presence, specializing in catastrophic injury and mass torts. Their team of seasoned attorneys is committed to advocating for the rights of injured individuals and their families, consistently striving to deliver justice and substantial settlements for their clients.