Medical Malpractice Defense Verdict for Hospital

Joe Effinger and Matt Piekarski obtained a defense verdict on behalf of a hospital in a patient fall medical negligence case tried in Jefferson Circuit Court (Louisville). The Plaintiff’s decedent was hospitalized after she fell at home and fractured her hip. Following hip replacement surgery the patient was documented as being confused and a “high fall risk,” but also had significant mobility limitations. Fall precautions were taken, but the patient unexpectedly got up in the middle of the night without assistance, fell, and fractured her arm. The Plaintiff claimed the hospital nursing staff failed to implement and/or ensure that appropriate fall precaution measures were in place. Joe and Matt established that the hospital nursing staff appropriately cared for the patient, had all necessary fall precaution measures in place, and that the patient’s fall was not reasonably foreseeable. The case was tried over four days and the jury returned defense verdict for our client hospital. No appeal was taken.

Bill Orberson is Selected as 2023 Lawyer of the Year in Insurance Law

Bill Orberson was selected by his peers to receive the distinguished award of 2023 “Lawyer of the Year” in Insurance law by The Best Lawyers in America®. Only a single lawyer in each practice area and community is honored with this award. This is Bill’s second selection (2016) for this distinguished honor.

Susan Phillips is Selected as 2023 Lawyer of the Year in Personal Injury Litigation – Defendants

Susan Phillips was selected by her peers to receive the distinguished award of 2023 “Lawyer of the Year” in Personal Injury Litigation – Defendants by The Best Lawyers in America®. Only a single lawyer in each practice area and community is honored with this distinguished award.

PPOA Attorneys Earn Local, Statewide, and National Awards in 2021

Susan Phillips, Patricia Le Meur, and Jack Phillips were each recognized for outstanding legal merit or volunteerism in 2021. Susan was named the Kentucky Defense Trial Lawyer of the Year by the American Board of Trial Advocates. Susan was also awarded the Distinguished Service Award by the Louisville Bar Association. Tricia earned recognition from the LBA as Vice Chair of the Health Law Section, which was named the Section of the Year. Jack was named an Outstanding Coordinator by the Kentucky Bar Association Young Lawyers Division. Congratulations, Susan, Tricia, and Jack!

John Phillips Selected to Kentucky Trial Court Review Hall of Fame

John Phillips was selected to the Kentucky Trial Court Review Hall of Fame for a stellar career of trial results and mentorship. Congratulations, John!

Malpractice Case Against Social Worker and Behavioral Health Facility

Sean Ragland and Colleen Davis successfully defended a social worker and her employer, a behavioral health facility, at trial in a tragic suicide case. A fourteen-year-old girl from an extremely abusive home was residing at a residential treatment center. The girl was sent to the emergency room after a self-harming incident that the Estate characterized as a suicide attempt, and the social worker performed a mental health assessment. She recommended the patient return to the residential treatment center for continuation of the intensive treatment she was already receiving there. Twelve days later, and four days after a tense encounter with her mother, the patient died by suicide at the treatment center. The patient’s estate alleged that the social worker should have recommended inpatient treatment. The defendants argued that the assessment and recommendation were appropriate under the circumstances and that the patient’s death was likely triggered by some intervening event, such as the patient’s tense encounter with her abusive mother. The Estate sought nearly $2 million dollars in damages. The jury deliberated for just over one hour before returning a defense verdict.

Sean Ragland and John Phillips recently won Overstreet, et al. v. Mayberry, et al., 2019-SC-000041-TG

John Phillips and Sean Ragland recently won dismissal of Plaintiffs’ Complaint from the Supreme Court of Kentucky on behalf of their client, a former trustee of the Kentucky Retirement System (KRS). Plaintiffs, eight retired public employees and current members of the KRS’s defined-benefit retirement plan, brought suit against several former KRS trustees and officers alleging mismanagement of KRS fund investments resulting in the loss of over $100 million. Plaintiffs, however, according to the Supreme Court, failed to demonstrate a necessary element of constitutional standing under Kentucky law: an injury in fact that is concrete, particularized, and actual or imminent. The Court reasoned that because the Plaintiffs did not and could not claim that their vested or expected retirement benefits were reduced or otherwise made unavailable, they lacked standing to bring the entire action.

Medical Malpractice Case Against Two Hospitalists

Sean Ragland and Jack Phillips successfully defended two hospitalists and their practice after an in-patient, 64, suddenly lost vision and seized. After transfer to a higher acuity hospital, neurologists ultimately diagnosed her with Posterior Reversible Encephalopathy Syndrome, a rare neurological condition that was only discovered in the last 25 years. The PRES did reverse, and the patient recovered her sight but claimed ongoing memory loss and nerve damage. The Plaintiff alleged that untreated acute increased blood pressure during her two-day hospitalization caused the PRES. The hospitalists argued, through expert proof, that their monitoring of the Plaintiff’s blood pressure and clinical judgment not to treat it with medication was appropriate. A defense neurology expert also opined that, in retrospect, the blood pressures were not the cause of the PRES, but it was a mounting pneumonia infection, instead. The Plaintiff claimed over $1 million dollars in damages. A Carroll County, Kentucky jury returned a defense verdict in less than an hour.

Medical Malpractice Case Against a Pediatrician

Sean Ragland and Jack Phillips successfully defended a pediatrician and her practice after a four-year-old patient’s mother alleged that she failed to diagnose emerging appendicitis. The Plaintiff alleged that an earlier diagnosis would have avoided a subsequent rupture of the appendix, a surgical complication during repair, multiple other abdominal surgeries, and a difficult hospital course. The Plaintiff claimed over $4.7 million dollars in damages. A Floyd County, Kentucky jury returned a defense verdict in 20 minutes.

Katherine T. Watts and Matthew A. Piekarski are now Partners

Phillips Parker Orberson & Arnett is pleased to announce that Katherine T. Watts and Matthew A. Piekarski are now Partners with the firm. Watts has had an active trial and litigation practice throughout Kentucky since joining the firm in 2009. Her practice is primarily focused in the areas of medical malpractice defense, professional liability defense, employment/discrimination defense, and premises liability defense. Watts attended the Louis D. Brandeis School of Law. Piekarski has also maintained an active trial and litigation practice since joining the firm in 2009. His practice is focused on defending claims of medical and dental malpractice, claims against municipalities and law enforcement, premises liability claims, and motor vehicle accident claims. Piekarski is a graduate of Marquette University and the Louis D. Brandeis School of Law.