RESULTS

Litigation Experience

medical malpractice case

Represented the defendants in a birth/brain injury medical malpractice case filed against an area hospital, its nursing staff, and the Obstetrician who delivered the baby. Basic underlying allegations were that the defendants failed to properly and appropriately interpret fetal heart monitoring tracings and failed to implement timely interventions, including an emergent c-section, based upon those tracings. Plaintiff’s experts opined that these failures resulted in the baby suffering a severe hypoxic-ischemic encephalopathy (HIE), which then caused the baby to be born depressed/non-responsive condition, needing extensive resuscitation. Lastly, the plaintiff asserted that the baby ultimately suffered severe hypoxic-ischemic brain injury and cerebral palsy as a result of the alleged failure to intervene. In response, the defense presented a multitude of medical experts from a variety of specialties, all of whom were supportive of the care and treatment provided before, during, and after the delivery of the baby. Moreover, these experts explained to the jury that, based upon certain imaging, placental pathology, and clinical findings, the baby’s brain injury much more likely than not occurred prior to the time onset of labor. As such, despite admirable efforts by the labor and delivery nurses and obstetrician at or around the time of delivery, there was nothing any of them could have done to change the outcome.

Claimed damages: Exceeded $35,000,000
Damages awarded: $0
Result: Defense verdict following 10-day jury trial

 

medical malpractice case

Represented a hospital facility and its nursing staff in a medical malpractice birth/brain injury case involving twin newborns. Basic underlying allegations were that the defendants failed to properly assess and diagnose the mother of the twin girls with twin-to-twin transfusion syndrome which, allegedly, resulted in premature delivery of the twin girls. It was further alleged that both twin girls suffered extensive and severe brain damage and cerebral palsy as a result of the premature birth. Plaintiffs’ experts opined that earlier diagnosis would have increased the chances that the twin babies could have been delivered healthy and without injury. The defense countered with expert testimony that the actions by the nursing staff and physicians were very appropriate and, unfortunately, there was nothing that could have been done to have changed the outcome in this case.

Claimed damages: Exceeded $20,000,000
Damages awarded: $0
Result: Defense verdict following a 15-day jury trial

 

wrongful death case

Represented a defendant in a wrongful death case that alleged medical malpractice against an area hospital, nursing staff, and three general surgeons. This case involved an elderly gentleman who was involved in a high-speed head-on collision and who had to be airlifted to the defendant hospital. The plaintiff alleged that the defendants failed to properly assess and treat the patient during an extensive stay in the intensive care unit, and further failed to recognize and diagnose the patient with systemic inflammatory response syndrome and/or sepsis, resulting in the patient’s untimely death. The plaintiff’s expert witnesses testified that various nurses and physicians failed to recognize and appreciate that there was a decline in the patient’s condition which, based upon their theory, ultimately led to sepsis-induced respiratory failure. In response, the defense presented experts who testified that the care provided by the nurses and physicians was prudent and appropriate. These defense experts also confirmed that there was no clinical evidence of any suspected source of infection; that there was no evidence of or suggestion of infection found on autopsy; and testified that the actual cause of death was an unpredictable and unavoidable acute malignant cardiac arrhythmia.

Claimed damages: Exceeded $5,000,000
Damages awarded: $0
Result: Defense verdict following an 11-day jury trial

 

medical malpractice case

Represented a defendant in a pediatric brain injury case that alleged medical malpractice against an area hospital, nursing staff, and two pediatricians. The basic allegations in this case were that the defendants failed to recognize that the child patient was severely dehydrated and severely hypernatremic, and further failed to provide proper treatment for the child patient which, allegedly, resulted in the onset of seizures, cerebral edema, and severe brain damage. Experts for the defense strongly rebuffed the assertion that the child was clinically dehydrated and further testified the subsequent seizures and swelling damage were not caused by any degree of dehydration but, rather, were the ongoing sequelae from the child’s pre-existing and unrelated severe congenital brain malformation.

Claimed damages: Exceeded $6,000,000
Damages awarded: $0
Result: Defense verdict following an 8-day jury trial.

 

wrongful death case

Represented the defendants in a wrongful death case that alleged medical malpractice against an area nursing home and its nursing staff. Plaintiff alleged that the elderly patient acquired a deadly C. difficile-induced colitis. Plaintiff’s sole theory on causation was that the C. difficile-induced colitis and resulting death were the proximate result of improper sanitation and isolation processes by the defendant nursing home. The defense countered with a gastrointestinal pathology expert who testified about the gross and microscopic findings made during the autopsy and explained to the jury that these autopsy findings were not consistent with C. difficile-induced colitis. Rather, the autopsy findings confirmed the cause of death as bowel necrosis secondary to ischemic colitis, which had nothing to do with the sanitation or isolation procedures.

Claimed damages: Exceeded $7,000,000
Damages awarded: $0
Result: Defense verdict following a 6-day jury trial

 

wrongful death case

Represented multiple defendants in a wrongful death case that alleged medical malpractice against an area hospital, members of its nursing staff, and an emergency room physician. This lawsuit alleged that the ER physician and hospital nurses failed to properly evaluate and diagnose the patient with sepsis upon presentation to the emergency department, or to otherwise treat the patient for sepsis prior to the patient’s demise. Specifically, the plaintiff’s experts asserted that the nurses and ER physician involved in the patient’s care did not timely administer fluid resuscitation blood products, or medications in light of what was described by plaintiff’s expert as a “septic shock” situation. Defense experts disputed these assertions and explained to the jury that there was no clinical evidence to suggest that the patient was septic, much less in septic shock. While the patient’s sudden demise was certainly unexpected and tragic, the defense experts were adamant that the care provided was wholly appropriate and that the patient’s death was not caused by some act or omission on the part of the medical providers.

Claimed damages: Exceeded $850,000
Damages awarded: $0
Result: Defense verdict following a 6-day jury trial

 

medical malpractice case

Represented a defendant in a medical malpractice case filed against an area hospital, its nursing staff and a family practice physician. In general, the plaintiff alleged that the patient developed congestive heart failure as result of fluid overload and died, following an otherwise routine ankle surgery. At trial, the patient’s estate asserted that the nursing staff and attending physician failed to properly monitor the patient’s positive fluid, failed to appreciate the resulting postoperative weight gain, and failed to recognize and implement interventions for fluid overload, such that the patient went into respiratory failure, coded, and died. To the contrary, defense experts testified that the fluid retention and postoperative weight gain were expected, not excessive, and were completely unrelated to the patient’s subsequent demise. The defense experts then explained that the initial cardiac monitoring strips obtained by the responding code team revealed ventricular fibrillation, which is an acute and devastating cardiac arrhythmia consistent with death from a sudden cardiac event, such as a heart attack, rather than fluid overload and respiratory failure. Moreover, the defense experts testified that there was nothing that any of the medical care providers could have done differently to have changed the patient’s ultimate outcome.

Claimed damages: Exceeded of $1,000,000
Damages awarded: $0
Result: Defense verdict following a 5-day jury trial

 

personal injury case

Represented a driver in an MVA/personal injury case alleging negligence as against the driver of one of the vehicles involved in the accident.

Result: Defense verdict following a 1-day jury trial

 

Industrial Accident Case

Represented a defendant engineering firm and one of its individual engineers in six related lawsuits arising out of an industrial accident involving the catastrophic failure of a heavy rigging and lifting apparatus during a lift of a 500+ ton piece of machinery at a nuclear power generation station. The failure and collapse of the lifting apparatus resulted in the death of one worker, significant personal injuries to several other workers, as well as significant property damage and consequential losses claimed by the facility owner.

Combined claimed damages: Exceeded $300,000,000
Result: Negotiated settlement on behalf of the clients within policy limits

 

medical malpractice lawsuit

Represented a defendant surgeon in a medical malpractice lawsuit concerning a 19-year-old patient who allegedly suffered bi-lateral above-knee amputations of both legs as a result the negligence of numerous medical care providers. The patient had been involved in a high-speed head-on motor vehicle collision and subsequently transported to an area hospital for stabilization and treatment. It was alleged that the various nurses and physicians who tended to the patient’s injuries following the collision negligently failed to timely recognize the patient had suffered occlusive injuries to the main arteries supplying the lower extremities which, ultimately, led to the amputations.

Claimed damages: Exceeded $25,000,000
Result: Negotiated settlement on behalf of the client within policy limits

 

wrongful death case

Represented two defendants in a wrongful death medical malpractice lawsuit filed against an area hospital and numerous physicians, concerning a 40-year-old patient who developed and died from superior mesenteric venous thrombosis and resulting necrotic bowel disease.

Claimed damages: Exceeded $15,000,000
Result: Dismissal of defendant client without payment. Negotiated settlement well within policy limits for other client.

 

medical malpractice lawsuit

Represented a defendant in a wrongful death medical malpractice lawsuit filed against an area hospital, a neurosurgeon, and the United States Government, concerning the death of a 44-year-old father during the acute postoperative period following lumbar spine surgery.

Claimed damages: Exceeded $6,000,000
Result: Negotiated settlement on behalf of the client for nominal amount

 

Commercial Real Estate Lawsuit

Represented a defendant commercial real estate seller in a lawsuit brought in state court seeking to rescind a $3.3 Million commercial real estate transaction. The lawsuit was filed by the buyer several years after the closing of the commercial real estate transaction. The buyer alleged that there was either a mutual mistake among the parties regarding material facts leading to the purchase contract, or that the defendant seller was aware that the buyer was mistaken and fraudulently failed to give notice of such.

Claimed damages: $3,300,000
Damages awarded: $0
Result: Dismissal of client without any settlement payment.

 

medical malpractice lawsuit

Represented a defendant in a medical malpractice lawsuit filed against an area hospital, members of its nursing staff, and two cardiovascular surgeons, concerning a patient who alleged that he suffered injury and permanent disability from a wrong-sided vascular surgery procedure.

Claimed damages: $3,000,000
Damages awarded: $0
Result: Dismissal of the client without any settlement payment

 

medical malpractice lawsuit

Represented the defendants in a medical malpractice lawsuit filed against an area hospital and members of its nursing staff, concerning a patient who suffered an extensive and permanently debilitating ischemic stroke following abdominal surgery. It was alleged that the nursing staff failed to appreciate certain changes in condition and allegedly failed to report certain symptoms to the physician such that an accurate stroke diagnosis could be made and appropriate interventions implemented.

Claimed damages: Exceeded $3,000,000
Damages awarded: $0
Result: Dismissal of the clients without any settlement payment

 

medical malpractice lawsuit

Represented a defendant in a medical malpractice lawsuit filed against an area hospital, a neurologist, an interventional radiologist, and a hospitalist, concerning a patient who suffered a severe and permanently debilitating ischemic stroke. The plaintiff alleged that the nursing staff and physicians failed to timely evaluate the patient as a candidate for potential stroke interventions.

Claimed damages: Exceeded $2,000,000
Damages awarded: $0
Result: Dismissal of represented party without any settlement payment.

 

wrongful death Lawsuit

Represented a defendant in a wrongful death medical malpractice lawsuit filed against an area hospital, an orthopedic spine surgeon, an anesthesiologist, and an allied health professional, concerning the intraoperative death of a 35-year-old patient who was undergoing an extensive spinal fusion surgery.

Claimed damages: Exceeded $1,000,000
Damages awarded: $0
Result: Dismissal of the client without any settlement payment

 

medical malpractice lawsuit

Represented some of the defendants in a medical malpractice lawsuit filed against an area hospital, a home health provider, a urologist, and two family practice physicians, concerning a patient who allegedly suffered severe gentamicin toxicity and, as a result thereof, significant injury and permanent disability.

Claimed damages: Exceeded $1,000,000
Damages awarded: $0
Result: Dismissal of the clients without any settlement payment

 

wrongful death Case

Represented a defendant in a wrongful death medical malpractice lawsuit filed on the behalf of an elderly patient who suffered a fall and resulting injuries at a local medical facility.

Claimed damages: Exceeded $500,000
Result: Settlement within policy limits

 

medical malpractice lawsuit

Represented the defendants in a medical malpractice lawsuit filed against an area hospital and a local radiologist, concerning a patient who alleged that he suffered permanent injury and disability as a result of an allergic reaction to contrast dye administered in advance of a CT scan.

Damages awarded: $0
Result: Summary Judgment and dismissal without any settlement payment

 

Wrongful Death Case

Represented a defendant in a wrongful death medical malpractice lawsuit filed against an area hospital, an ER physician, and a hematologist/oncologist, concerning the death of a 30-year-old patient who presented to the emergency department and who allegedly died of thrombotic thrombocytopenic purpura (TTTP).

Damages awarded: $0
Result: Dismissal of the client without any settlement payment

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