John Phillips and Katie Watts successfully defended a local plaintiff’s trial attorney in a legal malpractice case. The case involved the trial attorney’s preparation and presentation of his client’s personal injury trial. Although the client received a jury verdict in his favor, his dissatisfaction with the result prompted him to blame his attorney for nearly every aspect of the representation. Phillips and Tipton defended the case by establishing that the attorney used reasonable professional skill and judgment in his presentation of the personal injury case. The legal malpractice case was bifurcated into liability and damages phases, and the jury returned a unanimous defense verdict in the liability phase after only 30 minutes of deliberation.
Sean Ragland successfully defended a hospital client after a patient alleged that nurses failed to follow a strict bed rest admonition, causing the patient to fall multiple times. The Plaintiff alleged that the falls caused him serious injury including paralysis, incontinence and compression on his spinal cord. The Plaintiff claimed over $4.9 million dollars in damages. A Breathitt County, Kentucky jury returned a unanimous defense verdict in 45 minutes.
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.
Joe Effinger successfully defended a personal injury action wherein the Plaintiff sought tort damages and underinsured motorist benefits following an accident in Hardin County. After less than twenty minutes of deliberations, the jury returned with a threshold verdict.
Tera Rehmel successfully represented a hospital client in a case wherein the Plaintiff alleged that the nursing staff inappropriately assessed her falls risk and inappropriately monitored her, resulting in a fall. The Plaintiff claimed a permanent injury to her left arm which rendered her left arm essentially useless. The Plaintiff was seeking over $489,000 in damages.
Susan Phillips and David Thompson received a defense verdict for their hospital client in a significant medical malpractice claim arising out of the neurological impairment of a newborn. The Plaintiffs contended that their daughter suffered neurological impairment, which resulted in profound cerebral palsy, during labor and delivery. The Plaintiffs claimed the nursing staff was negligent in failing to identify the critical nature of the baby’s status, and failing to contact the physicians to ensure their timely arrival at the hospital. Ms. Phillips and Mr. Thompson presented two leading authorities in neonatology and nursing care as expert witnesses, both of whom strongly defended the care of the nursing staff and supported the defense theory that the injury occurred prior to the Plaintiffs’ presentation to the hospital. After four and one-half weeks of trial, the jury deliberated for a little over an hour before returning a unanimous defense verdict in favor of the hospital.
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.
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.
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.
Tricia Le Meur successfully defended a medical malpractice case against an internal medicine physician. The Plaintiff claimed that, following her scheduled office visit, the physician improperly left her alone in the examination room to get down from the examination table unassisted. The Plaintiff fell, sustaining both a hip fracture and arm injury. The Plaintiff sought just under $270,000.00 in damages. After a brief deliberation, the jury returned a unanimous defense verdict in favor of the physician.
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