The founder of the former Tampa-based Laser Spine Institute, whose offices were closed as a result of lawsuits that led to hundreds of workers losing their jobs, is suing the law firm Holland & Knight for failing to provide basic standards of care.
The lawsuit brought by Dr. James St. Louis accuses H&K of failing to inform St. Louis of opportunities that allegedly could have averted an eventual devastating financial liability verdict, amounting to about $400 million when interest is calculated. The damages award was handed down by a Florida trial court in 2019 after two appeals court rulings.
The underlying lawsuit against St. Louis and other defendants was brought by a former business partner involved in LSI and its affiliates.
Attorney Kevin Rosen
| Gibson, Dunn & Crutcher LLP
The lawsuit against H&K is in its initial stages and was recently moved from Orange County to Hillsborough County. The law firm denies the allegations outlined in the lawsuit.
“This lawsuit is meritless and riddled with false and misleading allegations,” Kevin Rosen, the lead counsel for the defendants, said in an email to the Florida Record. “It ignores the vigorous defense by Holland & Knight’s experienced attorneys, who twice succeeded in persuading the trial court to limit damages to amounts far below any settlement that was ever offered or achievable.”
The charge that St. Louis was not given access to information on ways to end the litigation is also incorrect, Rosen said.
“As an officer of LSI, Dr. St. Louis had every opportunity and did participate in the defense of the case,” he said. “Holland & Knight looks forward to vindicating itself in court and discrediting Dr. St. Louis’s preposterous allegations.”
The lawsuit alleges that St. Louis was denied information about options that could have ended the litigation and reduced his financial exposure.
“H&K’s misconduct has caused financial ruin for Dr. St. Louis and put his spinal surgery business, Laser Spine Institute (LSI) – which had become one of the most successful in the country due to his innovative surgical techniques – out of business,” St. Louis’ lawsuit states.
The final damages award against St. Louis came after a Second District Court of Appeal’s ruling led to an award amounting to hundreds of millions of dollars. It was based on the court’s pursuit of an aggressive damages theory, according to the lawsuit, and reliance on a law in another state, surprising some legal observers knowledgeable about the case.
H&K is a national law firm with offices in Florida. H&K represented LSI and its officers during the lengthy litigation, but St. Louis and other officers also had their own counsel.