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Medical Malpractice Defense Verdict for Hospital

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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.

Norton Hospitals, Inc. et al. v. Peyton

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2010-SC-000818-DG
Court Opinion

Joseph Effinger and Patricia Le Meur successfully defended summary judgment granted to their client, Norton Hospitals, Inc. This medical negligence case involved the removal of a newborn from its mother while they were both in the hospital based on a good faith, but erroneous, reading of a maternal blood alcohol test requested by protective services. Kentucky requires that known or suspected cases of child abuse be reported. To encourage reporting and to eliminate fears of potential lawsuits, Kentucky also provides immunity from criminal and civil prosecution where the person who reports suspected child abuse acts upon reasonable cause or in good faith. Kentucky’s Supreme Court held that the trial court had correctly applied the immunity statute in this case and reinstated the trial court’s grant of summary judgment to the hospital and treating physician.

Personal Injury Action Wherein the Plaintiff Sought Tort Damages and Benefits

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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.

Motor Vehicle Accident Case Against Meat Delivery Company and Driver

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Joe Effinger and Matt Piekarski successfully defended a motor vehicle accident case brought by a husband and wife against a meat delivery company and their truck driver, which was tried on damages only.The Plaintiffs were rear-ended by the meat delivery truck while stopped at a red light. Following the accident, the Plaintiffs called a medical/legal referral line, “1-800-ASK-GARY,” and retained counsel. The Plaintiffs jointly claimed nearly $180,000 for medical treatment, including three surgeries, related to neck, back and shoulder injuries allegedly caused by the accident. At trial, they asked the jury for over $500,000 in total damages. Liability for the accident was admitted. The case was tried with no Defendant present, as the Defendant driver had passed away (unrelated to the accident), and the meat delivery company had long since been dissolved. In accordance with the defense’s theory and argument, the Jefferson County jury rejected the Plaintiffs’ claims that their neck, back and shoulder surgeries were necessary and related to the accident. They awarded the Plaintiffs just $16,500 in recoverable damages

PPOA Attorneys Selected as SuperLawyers

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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.