Rafferty Domnick Cunningham & Yaffa Secures Confidential Settlement After Hospital Misconduct in Ava D'Andrea Medical Malpractice Case

PALM BEACH GARDENS, Fla., June 16, 2025 /PRNewswire/ -- Rafferty Domnick Cunningham & Yaffa announces the successful resolution of a high-stakes medical malpractice case involving Ava D'Andrea, a young girl left permanently injured following scoliosis surgery at Nicklaus Children's Hospital. The terms of the settlement are confidential, but the court-documented misconduct by the hospital and its legal team is now a matter of public record.

The lawsuit, filed in 2021 by Ava's parents, Duane and Christina D'Andrea, alleged that hospital staff and a treating physician failed to respond to clear postoperative signs of neurological distress. According to the complaint, critical tests and interventions were delayed despite Ava showing early symptoms of paralysis. The family contended that these delays resulted in irreversible harm, leaving Ava with lower-body paralysis and lifelong complications.

The trial began on June 9, 2024—just days after the court sanctioned the defendants, including a major hospital system and its attorneys, for "willful, deliberate, and contumacious" violations of court orders. The court found that the evidence presented showed a pattern of intentional concealment, systemic noncompliance, and a flagrant disregard for discovery rules. The court also found that the defendants repeatedly withheld critical documents, misrepresented their existence, and failed to produce a required privilege log for over six months.

"This has been an incredibly emotional journey for the D'Andrea family," said Sean C. Domnick, shareholder at Rafferty Domnick Cunningham & Yaffa and co-lead on the case. "Per the court order, for six years, the defense buried evidence in a calculated effort to dodge accountability. Ava has not only endured life-altering injuries, but also the added burden of a legal process marred by misconduct."

A statement from the D'Andrea family read:

"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."

RDCY Partner and co-lead Nicole Kruegel added, "We are extremely pleased with the result we were able to obtain 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: no one was being honest about what went terribly wrong on the day of her surgery."

Due to strict confidentiality agreements, no further details of the settlement will be disclosed.

For your reference, the case number is: 50-2021-CA-009038-XXXX-MB and the case was filed in The Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.

The D'Andrea family is represented by Sean C. Domnick and Nicole Kruegel from Rafferty Domnick Cunningham & Yaffa, along with appellate trial support from Andrew A. Harris and Grace M. Streicher from Harris Appeals, P.A.

About Rafferty Domnick Cunningham & Yaffa

Rafferty Domnick Cunningham & Yaffa is a plaintiff litigation firm with a national practice specializing in catastrophic injury and mass torts law. With a team of experienced attorneys dedicated to fighting for the rights of those injured through negligence or wrongdoing, Rafferty Domnick Cunningham & Yaffa has earned a reputation for delivering justice and securing substantial settlements for their clients.

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Phone: (561) 625-6260
Email: [email protected]

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SOURCE Rafferty Domnick Cunningham & Yaffa