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

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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

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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

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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.

Case of Alleged Mold Exposure in Public Housing Apartment

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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.

Trucking Company Accused of Causing a Multi-Truck Accident

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Nicholas Hart successfully defended a trucking company in Dixon, Kentucky (Webster County) which was accused of causing a multi-truck accident on the Pennyrile Parkway, resulting in multiple personal injuries and significant property damage. Mr. Hart successfully proved that his client was not at fault, obtaining a unanimous verdict. Mr. Hart also recovered 100% of the property damage sustained by his client in the accident.

Medical Malpractice Case Against a Podiatric Physician

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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 Wrongful Death Action

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John Phillips and Katie Watts, assisted by summer associate Sarah Lawson, successfully defended a neurosurgeon in a medical malpractice wrongful death action.

The Plaintiff claimed that the neurosurgeon failed to see the 23-year-old patient in a timely fashion upon the patient’s transfer from an outside facility and failed to order proper radiology studies, resulting in the patient’s death. The patient’s widow sought over $7 million in damages for the death of her husband. The jury returned a unanimous defense verdict in favor of the neurosurgeon.

Trucking Liability Case

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Bill Orberson, of the Louisville office, and Jane Higgins, of the Lexington office, successfully defended a trucking liability case before the Hardin County Circuit Court.

The subject accident occurred on I-65, after the co-defendant swerved into our client’s lane and was struck in the rear by our client’s truck. The co-defendant then struck the Plaintiff, a commercial truck-driver, who was changing a tire on the shoulder. The Plaintiff claimed damages in excess of $1,000,000 for mild traumatic brain injury, PTSD, and herniated discs in his lower-back. On the second day of trial, but before the Plaintiff closed his case, Bill and Jane successfully moved for a directed verdict, arguing that the Plaintiff had failed to prove, and could not prove, any breach of duty against our client.

This was Bill’s 4th career directed 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

Medical Malpractice Case Against a Chiropractic Doctor

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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.