Hospital Client Nursing Staff Accused of Inappropriate Fall Risk Assessment and Monitoring

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.

Hospital Client in Significant Medical Malpractice Claim

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.

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.

Medical Malpractice Case Against an Internal Medicine Physician

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.

Attorney Client in a Legal Malpractice Case Arising From a Commercial Real Estate Transaction

Sean Ragland and Nicholas Hart prevailed for their attorney client in a legal malpractice case arising from a commercial real estate transaction. The Plaintiff was an LLC attempting to sell an office park. The LLC alleged that the attorney negligently failed to advise the LLC that it could not comply with a critical provision contained in a proposed 6.25 million dollar contract for the sale of the property. The LLC contended that the lawyer actually admitted in an email sent to the LLC that he had failed to even notice the provision when he reviewed the contract. The Plaintiff sought recovery of 1.1 million dollars in damages it claimed resulted from the botched transaction. After approximately 45 minutes of deliberations, a Jefferson Circuit Court jury returned a verdict for our client.

Louisville Attorney Accused of Malpractice by His Former Client and Her Mother

John Phillips and Matt Piekarski received a unanimous defense verdict for a prominent Louisville attorney accused of malpractice by his former client and her mother. The Plaintiffs claimed that the Defendant-Attorney committed an array of breaches of the standard of care involving the settlement of a divorce case at mediation. Mr. Phillips argued that the Defendant-Attorney adequately prepared for mediation, sufficiently informed the Plaintiffs about the mediation, and gained a successful result for the Plaintiffs at mediation. It was further argued that any damages incurred by Plaintiffs were the result of the Plaintiffs’ later decision to repudiate the settlement agreement and not any fault of the Defendant-Attorney. The Plaintiffs had asked the jury for over $40,000 in compensatory damages and sought punitive damages in the amount of $350,000.

Bowling Green Ophthalmologist Accused of Medical Malpractice

John Phillips and Katie Watts received a unanimous defense verdict in Paducah for a Bowling Green ophthalmologist accused of medical malpractice by his former cataract patient. The Plaintiff claimed that the Defendant-Doctor committed an array of breaches of the standard of care involving the evaluation, performance and follow-up of a complicated cataract extraction. Mr. Phillips argued that the Defendant-Doctor adequately evaluated the patient for surgery, properly reacted to unforeseen conditions intra-operatively that complicated the surgery, and was appropriately assessing and treating the patient’s complications in follow-up until the patient elected to discontinue his treatment. The Plaintiff had asked the jury for over $3,000,000 in compensatory damages.

Surgeon in Glasgow, Kentucky Accused of Medical Malpractice

John Parker and Tricia Le Meur successfully defended a local surgeon in Glasgow, Kentucky who was accused of medical malpractice by a former patient who had undergone laparoscopic cholecystectomy (surgical removal of the gallbladder). The right hepatic duct had been inadvertently clipped during surgery, which was not discovered until 12 months after the surgery and resulted in the Plaintiff losing approximately 40% of her liver. The Plaintiff claimed that the surgeon breached the standard of care, and she sought over $2,000,000.00 in damages. The defense demonstrated that the Plaintiff had a rare congenital anomaly of her hepatic anatomy, which, together with her unusual post-surgical presentation, masked the ductal occlusion and precluded the surgeon and the other treating physicians from discovering her condition earlier. After a brief deliberation, the jury returned a unanimous verdict in favor of the surgeon.