Brannock Berman & Seider Successfully Defends $9 Million Judgment in Class-Action Case

After winning an appeal of a class-certification order several years ago, Brannock Berman & Seider has once again prevailed in Florida’s Second District Court of Appeal, upholding a multimillion-dollar jury verdict in favor of the class.

The case arose from claims by patients alleging that the Lung Institute used misleading and deceptive advertising to promote unproven stem-cell treatments for chronic lung conditions. The patients argued that the company made representations about the effectiveness of its treatments that were not supported by the actual results. Following eight years of litigation, an interlocutory appeal, and a two-week trial, a jury agreed.

On appeal, the company raised a host of arguments, including trying to decertify the class and trying to exclude certain expert testimony. Brannock Berman & Seider meticulously responded to each appellate argument, filing a 70-page answer brief. The Second District then per curiam affirmed the judgment and denied the company’s motion for a written opinion.  

The result is a complete victory for the plaintiffs, who were also awarded attorney’s fees on appeal.