PPOA Attorneys Selected as SuperLawyers

William Orberson and Joseph M. Effinger were selected as SuperLawyer® in Civil Litigation Defense; John W. Phillips, Susan D. Phillips, and John F. Parker were selected in Medical Malpractice Defense; and Patricia Le Meur, M. David Thompson and Nicholas R. Hart were chosen as Rising Stars for 2015.

Medical Malpractice Case Against a Podiatric Physician

John Parker and Nick Hart successfully defended a medical malpractice case against a podiatric physician. The Plaintiff claimed that the physician improperly inserted a compression screw into the plaintiff’s great toe joint space as interpreted by a subsequent treating radiologist and orthopedic surgeon following CT scan. The Plaintiff also claimed a nerve injury, permanent disability and inability to return to her employment as a fork lift operator. The Plaintiff sought over 1.6 million dollars in damages. A Jefferson County, Kentucky jury returned a unanimous defense verdict after brief deliberations.

Medical Malpractice Case Against a General Surgeon

John Parker successfully defended a medical malpractice case against a general surgeon whom the Plaintiff claimed performed an incomplete laparoscopic appendectomy. Eighteen months following the original procedure, the Plaintiff presented to an emergency room and was diagnosed with a ruptured appendix and sepsis. Post-operative pathology reports evidenced 2.8 cm of appendix tissue removed in the original procedure and 4.2 cm of appendix tissue in the second. The Plaintiff sought damages of $390,000. Mr. Parker argued a recognized complication of “stump appendicitis.” A Jefferson Circuit Court jury returned a defense verdict by an 11-1 count.

Medical Malpractice Claim Against a Pediatric Cardiology

John Parker successfully defended a medical malpractice claim against a pediatric cardiology group who the plaintiff claimed failed to diagnose and properly treat her heart abnormality arising from potential Marfan Syndrome. The Plaintiff became pregnant and successfully delivered a child, but two days later she suffered an aortic dissection, followed by congestive heart failure. She underwent several surgeries but remained at risk for additional future surgeries. The Plaintiff sought over $7,500,000.00 in damages. The jury returned a unanimous verdict in favor of the pediatric cardiology group, as well as two other defendants.

Ophthalmologist in Significant Medical Malpractice Case Arising from Cataract Surgery Complications

John Parker and Tricia Le Meur received a unanimous defense verdict for their ophthalmologist client in a significant medical malpractice case arising from a complication from cataract surgery – a retrobulbar hemorrhage – which left the Plaintiff legally blind in one eye. The Plaintiff contended that the surgery was contraindicated based on the condition of the eye, potential side-effects of his heart medication, and post-surgical sequella from prior cataract surgery on the other eye. The Plaintiff sought $2,600,000.00 in damages. The jury returned a unanimous defense verdict.

Case of Alleged Mold Exposure in Public Housing Apartment

John Parker and Nicholas Hart successfully defended a governmental housing authority in Louisville, Kentucky against claims that a resident suffered severe physical injury after years of alleged mold exposure in her public housing apartment. Plaintiff claimed that despite complaining of mold in her apartment for over 7 years, the housing authority failed to properly remediate the hazard. Plaintiff’s alleged injuries included respiratory, cardiac and mental issues. Plaintiff initially sought over $1.8 million in damages, including punitive damages, but after pre-trial motions excluded a number of Plaintiff’s claims, Plaintiff’s demand to the jury was $1.06 million. At trial, the defense took great issue with Plaintiff’s claims of injury and causation. While it appeared mold may have been present in the tenant’s apartment, mold is commonplace in many environments. Furthermore, upon first notice of the possible presence of mold, the housing authority staff immediately addressed the complaint. With regard to the physical effects of mold exposure on the tenant, plaintiff relied on two physicians who discounted or ignored her health history, including chronic morbid obesity. These weaknesses were highlighted on cross-examination. The jury returned a verdict for the housing authority and plaintiff took nothing.

Medical Malpractice Case Against a Podiatric Physician

John Parker and Nicholas Hart successfully defended a medical malpractice case against a podiatric physician. The Plaintiff claimed that the physician failed to timely and appropriately address a surgical complication with a return to surgery resulting in multiple surgeries and loss of the plaintiff’s extensor tendon. Plaintiff, age 40, is now limited in her ability to walk and otherwise perform everyday activities. Plaintiff sought over one million dollars in damages. A Boone County, Kentucky jury returned a unanimous defense verdict after brief deliberations.

Medical Malpractice Case Against a Chiropractic Doctor

John Parker and Nicholas Hart successfully defended a medical malpractice case against a chiropractic doctor. The Plaintiff claimed that the chiropractor failed to perform proper diagnostic testing prior to initiating treatment, failed to obtain adequate informed consent, and that the chiropractor used excessive force during chiropractic manipulation resulting in a stroke following a dissection of Plaintiff’s vertebral artery. As a result of the alleged negligence, Plaintiff claimed she now suffers from permanent motor/balance issues, slurred speech, involuntary movements and memory loss. Plaintiff, age 36, is now unable to work. Plaintiff sought over two million dollars in damages. After seven days of evidence, including four experts on behalf of the plaintiffs, a Woodford County, Kentucky jury returned a unanimous defense verdict in less than twenty minutes.