"Never Give Up": How Two Trial Lawyers Held an AM Law 200 Firm and a Major Hospital Accountable for Years of Concealed Evidence

PALM BEACH COUNTY, Fla., July 11, 2025 /PRNewswire/ -- In a case that's drawn national legal media attention, including coverage by Law.com that pitted a boutique plaintiffs' firm against one of the largest defense firms in the country, attorneys Sean C. Domnick and Nicole Kruegel of Rafferty Domnick Cunningham & Yaffa secured sweeping sanctions against Nicklaus Children's Hospital and its legal team at Wicker Smith, ultimately leading to a confidential but "substantial" settlement.

At the heart of the case was a devastating 2018 scoliosis surgery that left 12-year-old Ava D'Andrea with a permanent spinal cord injury. Her parents alleged the hospital's medical team failed to respond to clear signs of neurological deterioration. But as the family fought for justice, they also faced a years-long effort by the defense to conceal critical evidence protected under Florida's Amendment 7—which gives patients access to records of adverse medical incidents.

Despite repeated court orders, the hospital and its defense counsel at Wicker Smith, an AM Law 200 firm, refused to turn over these documents. Palm Beach Circuit Judge Bradley Harper found the defense in "systematic disobedience" of the court, intentionally concealing documents and repeatedly violating discovery rules.

"For six years, the defense buried critical evidence in a calculated effort to avoid accountability," said Sean C. Domnick. "Ava's injuries were life-changing, and her family was forced to fight through a legal process designed to exhaust and defeat them. But we don't walk away from cases like this—and this ruling proves why."

Nicole Kruegel added, "We had transcripts where opposing counsel openly said they weren't going to follow court orders because they thought the appellate court would rescue them. That's not just unethical—it's dangerous. The legal system doesn't work if lawyers get to ignore judges and bet on delay."

In response to the sanctions, which included attorney's fees, evidence limitations, and a jury instruction notifying jurors of the misconduct, the defense ultimately settled shortly after trial began.

Defense lead counsel Lynn Audie of Wicker Smith issued a statement disputing the court's ruling: "We respectfully disagree with the court order and felt strongly that it would be reversed on appeal if the case proceeded. We agree that there were miscommunications and technical issues in the discovery process but they were neither contemptuous nor ultimately material to the case." Audie added that the firm was "glad to focus on the merits of the case and resolve it to everyone's satisfaction, in spite of the distraction created by the discovery dispute."

Domnick said the outcome sends a broader message. "We're seeing this over and over again—powerful institutions hiding behind big firms that think they don't have to play by the rules. The truth is, if we hadn't fought tooth and nail, none of this would have come to light. The system only works if lawyers are willing to go the distance. That's what we did."

Appellate support was provided by Andrew A. Harris and Grace M. Streicher of Harris Appeals, P.A.

Media Contact & Interview Requests

To speak with attorneys Sean C. Domnick or Nicole Kruegel about the case and what it means for patient rights and legal accountability, please contact:

Press Contact:
Natasha Diemer
Chief Strategy Officer (CSO)
Rafferty Domnick Cunningham & Yaffa
Phone: (561) 516-5168
Email: [email protected]

Media Contact:
Bridget Mercuri
Media Strategist 
AMPLIFY
Phone: (908) 612-3515
Email: [email protected]

About Rafferty Domnick Cunningham & Yaffa

Rafferty Domnick Cunningham & Yaffa is a leading Florida law firm dedicated to advocating for victims of medical malpractice and corporate negligence. With a track record of holding powerful institutions accountable, the firm fights for justice on behalf of individuals and families affected by preventable harm.

SOURCE Rafferty Domnick Cunningham & Yaffa