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Leighton Panoff Law Represents Miami Nurse Practitioner in Deliberate COVID-19 Infection Lawsuit
Leighton Panoff Law just filed a lawsuit on behalf of a nurse practitioner who was deliberately infected with COVID-19 by her boss in Miami, Florida earlier this year.
The case seeks damages from the offending doctor and the clinic and owners who refused to allow PPE and COVID testing.
Venise Jean-Baptiste worked as a family nurse practitioner at Project Access Foundation’s Biscayne Medical in Miami, Florida, which billed itself as a community-based medical service system whose staff has many years of experience in delivering and coordinating care. As the pandemic began, Venise was concerned about the lack of PPE and COVID-19 guidelines in the clinic. N95 masks, which provide the most protection against airborne viruses, were not available and staff members were prohibited from wearing the masks that they did have for all patients.
In addition, they were instructed not to give masks to patients unless they displayed overt symptoms of COVID-19. As the virus took hold in the community, Venise reiterated the need for the staff to wear masks and was repeatedly refused. She asked that the staff be permitted to use the COVID test kits to ensure that they were not infected and would not be spreading the virus. She was further told by the medical director, Dr. Joseph Piperato, that the reason against testing was because they did not want to shut the office down for two weeks if someone tested positive. The logic was: without testing, there would be no positive test. Therefore, the office would stay open and continue to see patients and generate revenue.
https://wsvn.com/news/local/nurse-files-suit-against-doctor-claims-he-denied-her-ppe-infected-her-with-covid-19/
Venise was also concerned about the medical director’s laissez-faire attitude about the pandemic. She says her boss wasn’t taking the virus seriously. Not only had he ignored her requests for PPE and told her in no uncertain terms that her input was not appreciated, he attended the crowded “Winter Party” in Miami Beach and came to work afterward visibly ill. Venise noticed the doctor’s cough and suggested that he should take a COVID-19 test.
Leighton Panoff Law Represents Miami Nurse Practitioner in Deliberate COVID-19 Infection Lawsuit
His response? He coughed in her face and said, “If I’ve got it, now you’ve got it.”
His intentional response to the nurse practitioner’s suggestion to take a COVID-19 test in the midst of a pandemic caused her to come down with a serious case of the potentially deadly disease, which hospitalized her for weeks and sickened her two-year-old son. As an asthmatic, she developed serious, life-threatening symptoms that required weeks of hospitalization. She suffered blood clots and pulmonary emboli, medical consequences that will last a lifetime.
Ms. Jean-Baptiste has filed suit alleging that Dr. Piperato’s behavior toward her was deliberate, negligent, reckless and dangerous, he owed a duty of care to her as well as the clinic’s patients and the general public to warn of dangerous conditions including the presence of COVID-19. He also had a duty of care to provide PPE to protect and prevent the exposure and transmission of COVID-19. He failed in all of these duties. Dr. Piperato knew there was a reasonable chance that he had COVID-19, yet he failed to take a simple test to rule it out and willfully spread it to his nurse by coughing on her.
Had Dr. Piperato tested positive for COVID-19 prior to this incident with our client, the clinic would have had to shut down for two weeks, which would have had financial consequences. He was willing to risk the spread of a deadly virus in order to protect profits. Fortunately, Venise Jean-Baptiste (and her child) lived to tell the tale. The lawsuit seeks to hold Dr. Joseph Piperato, Project Access Foundation, Larkin Community Hospital, Jorge Carballo, and Dr. Jack Michel accountable for the deliberate transmission of COVID-19 and negligent failure to have PPE, protocols and testing.
We may never know how many patients and members of the public were unknowing infected by the actions of this clinic and Dr. Piperato.
The pandemic is deadly serious. Please take it seriously and stay safe. And yes, wear a mask and get tested. Please.
Watch the full video by Christian De La Rosa at Local 10 News https://www.local10.com/video/local-news/2020/10/24/miami-nurse-suing-doctor-for-allegedly-purposely-infecting-her-with-covid-19/
What is the lawsuit filed by Leighton Panoff Law on behalf of Venise Jean-Baptiste about?
Leighton Panoff Law filed a lawsuit on behalf of Miami nurse practitioner Venise Jean-Baptiste, who alleges she was deliberately infected with COVID-19 by her medical director, Dr. Joseph Piperato. The case accuses the doctor and associated clinic entities of negligence, recklessness, and deliberate misconduct. Ms. Jean-Baptiste was denied PPE, proper safety protocols, and COVID-19 testing at the workplace. The suit seeks to hold those responsible accountable for the harm caused to her and her family.
Who are the defendants in the COVID-19 infection lawsuit?
The defendants in the lawsuit include Dr. Joseph Piperato, Project Access Foundation, Larkin Community Hospital, Jorge Carballo, and Dr. Jack Michel. These parties are accused of contributing to an unsafe medical environment by refusing PPE, denying COVID-19 testing, and failing to implement protocols to protect staff and patients during the height of the pandemic. The lawsuit alleges they prioritized profits over public health and safety.
What specific actions did the lawsuit claim Dr. Piperato took against the nurse?
The lawsuit claims that Dr. Piperato ignored multiple requests for PPE and COVID-19 testing. Most notably, it alleges that after attending a crowded event and returning to work visibly ill, he deliberately coughed in Ms. Jean-Baptiste’s face and said, “If I’ve got it, now you’ve got it.” This action resulted in Ms. Jean-Baptiste contracting a severe case of COVID-19, leading to hospitalization, long-term medical complications, and the infection of her young son.
What injuries did Venise Jean-Baptiste suffer as a result of the alleged incident?
Ms. Jean-Baptiste suffered life-threatening complications from COVID-19, including blood clots and pulmonary emboli, requiring weeks of hospitalization. As an asthmatic, the disease posed even greater risk. Her two-year-old son also became seriously ill. These health consequences have long-term implications, impacting her quality of life and professional career. The lawsuit seeks compensation for these damages, as well as punitive damages for the alleged reckless conduct.
What is the significance of the refusal to allow PPE and COVID-19 testing at the clinic?
The refusal to provide PPE and COVID-19 testing, as alleged in the lawsuit, represents a serious breach of duty of care in a medical setting during a pandemic. The complaint suggests that management deliberately avoided testing to prevent clinic shutdowns and revenue loss. This willful disregard for health protocols endangered staff, patients, and the broader public, and forms a core allegation in the claim against the defendants.
How does this case highlight employer responsibilities during a public health crisis?
This case underscores the legal and ethical responsibility of employers—especially healthcare providers—to protect their workers and patients. Failing to provide basic protections such as PPE, ignoring safety protocols, and exposing staff to known hazards may constitute negligence or even deliberate misconduct. Employers must take reasonable steps to prevent the spread of disease, particularly during a public health crisis like COVID-19.
Why should victims of unsafe workplace conditions contact Leighton Panoff Law?
Leighton Panoff Law has a proven track record of securing significant verdicts and settlements in complex personal injury and medical negligence cases. Their expertise in handling high-profile litigation, like the COVID-19 infection lawsuit involving Venise Jean-Baptiste, demonstrates their commitment to holding negligent parties accountable. If you or a loved one has suffered due to unsafe workplace conditions, contact Leighton Panoff Law for a free, no-obligation consultation to understand your rights.
John Leighton
A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite
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