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Almost $11M Verdict Against Miami-Dade County in Whistleblower Lawsuit

BySwift Law, PA

Cases: Garavan v. Miami-Dade County, No. 2020-007339 CA 01 (Fla. 11th Cr. Ct. filed Mar. 27, 2020); Garavan v. Kenerson, No. 2020-027527 CC 05 (Fla. 11th Cr. Ct. filed Nov. 19, 2020)

Dr. David Fintan Garavan, a physician in the Miami-Dade County Medical Examiner’s Office, alleged he was punished for reporting misuse of county resources and other irregularities. He claimed that after raising concerns, he was demoted from Deputy Chief in 2017, denied promotion opportunities, and ultimately terminated in 2021. He sued under Florida’s Public Sector Whistleblower Act.

The case proceeded in stages. In October 2023, the court granted Garavan summary judgment on liability for his 2021 termination, leaving damages to the jury. In August 2024, a jury found in his favor on the 2017 demotion but for the County on his promotion-denial claim. It awarded $1.5 million in compensatory damages and $1.27 million in back pay for the demotion. For the 2021 termination, the jury added $7.23 million in damages.

After trial, the court reduced the back-pay award to about $55,000 for lack of evidentiary support but otherwise upheld the verdict. It also ordered Miami-Dade to pay $2.15 million in front pay, purge Garavan’s personnel records of the demotion and termination, and awarded him attorney’s fees and costs. In total, Garavan’s recovery came to just under $11 million. Miami-Dade has appealed.

In a separate action, Garavan sued colleague Dr. Katherine Kenerson under Florida’s Wiretap Act, alleging she illegally recorded a 2018 staff meeting. After a non-jury trial, the court ruled for Kenerson, finding that Garavan had no reasonable expectation of privacy in the meeting.

Why It Matters
  • Retaliation risks carry high-dollar exposure: This case illustrates that whistleblower retaliation claims under Florida’s Public Sector Whistleblower Act can generate nearly $11 million in damages and equitable relief, even after partial remittitur, when juries credit evidence of demotion and termination tied to protected complaints.
  • Procedural missteps magnify liability: The court cited HR’s disclosure of Garavan’s whistleblower status and inconsistent enforcement of credentialing standards as key factors. Those missteps not only undermined the County’s defenses but also bolstered the size of the awards.
  • Compliance lesson for employers: Public and private employers alike should treat internal complaints with care—protect confidentiality, apply rules consistently, and avoid even the appearance of retaliation. Failure to do so risks not just reputational harm but multimillion-dollar verdicts, mandatory equitable relief, and costly appeals.

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