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.

Daniella Blaine, Administratrix of the Estate Of Kenneth H. Cross, II, Deceased v. Louisville Metro Government; Corizon, Inc.

Daniella Blaine, Administratrix of the Estate Of Kenneth H. Cross, II, Deceased v. Louisville Metro Government; Corizon, Inc.; et al. 3:13-cv-00427-CRS, 768 Fed. Appx. 515 (6th Cir. 2019)

Sean Ragland and Jack Phillips recently defended an award of summary judgment to their clients, Corizon, Inc. and two employed nurses, in a 42 U.S.C. § 1983 “deliberate indifference” case before the United Stated Court of Appeal for the Sixth Circuit. The Plaintiff claimed that her brother suffered neglect and deliberate indifference in violation of his constitutional right to medical care when he died of a drug overdose while in custody at a Louisville Metro Department of Corrections. Corizon, a correctional facility healthcare services provider, and the nurses were found to have provided appropriate assessment, management, and monitoring of Mr. Cross by the U.S. District Court in the Western District of Kentucky and the Sixth Circuit. The case will now be remanded to Jefferson County Circuit Court for continued litigation of the Plaintiff’s state law claims of negligence, gross negligence, and wrongful death.

 

Hospital Client Nursing Staff Accused of Failure to Follow Bed Rest Admonition Resulting in Multiple Falls

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.

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.