Defense Verdict for Health Care Provider in Deliberate Indifference Case
Secured a defense verdict on behalf of a nurse in a Section 1983 deliberate indifference case in the U.S. District Court for the Southern District of Illinois. Plaintiff alleged that he was not provided with appropriate nursing care and it was claimed that the alleged deliberate indifference resulted in injuries and damages.
Defense Verdict for Hospital Client in Alleged Premises Liability and Construction Defect Case
Secured a defense verdict on behalf of a hospital client in a premises/construction case in St. Louis County, Missouri. The plaintiff alleged falling along a newly constructed delivery drop-off lane and claimed it was defective, which caused her to fall. Successfully argued that the delivery drop-off lane was reasonably safe as constructed and the plaintiff’s fall was an accident due to her failure to keep a careful lookout.
Defense Verdict for Hospital Client in Alleged Premises Liability Case
Secured a defense verdict on behalf of a hospital client in a premises liability case in Virginia (City of Suffolk). The plaintiff alleged that health care staff did not timely tend to or otherwise notify staff about a hazardous condition on the floor that allegedly resulted in a slip and fall leading to injuries. Successfully argued that hospital and health care staff were unaware of any hazardous condition and that alternatively, plaintiff and her close relatives were responsible for creating the hazardous condition themselves.
Defense Verdict for Health Care Provider in Medical Malpractice and Breach of Privacy Case
Secured a defense verdict in a matter in which the plaintiff sued a substance abuse treatment facility in a medical malpractice action in Virginia (Williamsburg/James City County) for the alleged negligent and unauthorized disclosure of plaintiff’s medical records. As a part of plaintiff’s alleged breach of privacy claim, plaintiff contended that defendant breached certain federal laws and corresponding enacting regulations found in 42 C.F.R. Part 2 as well as HIPAA (45 C.F.R. Parts 160 and 164). Plaintiff also contended that defendant breached the Virginia Code’s health records privacy regulations as a part of the breach of privacy action. After a four-day jury trial, the jury deliberated for approximately two hours before returning a verdict for the defendant.
Defense Verdict for Health Care Provider in Medical Malpractice Case
Served as counsel to the defendant in a matter in which the plaintiff sued an oral and maxillofacial surgeon in a case in Virginia (Virginia Beach) that involved the extraction of two wisdom teeth. Plaintiff alleged that defendant (i) failed to appropriately prescribe antibiotics both pre- and post-operatively, (ii) failed to detect the signs of an infection during his treatment, (iii) failed to timely order a CT or MRI scan or make an infectious disease referral to rule out an infection, and (iv) inappropriately administered a local steroid injection into a potential area of infection. Plaintiff was subsequently diagnosed with deep soft tissue cellulitis that later developed into necrotizing fasciitis. Plaintiff was admitted to a hospital for one month during which time approximately 15 surgical incisions and drainages were performed to debride the necrotizing fasciitis. Plaintiff had over 40 emergency department visits over the next three years allegedly due to defendant’s negligence. Plaintiff’s counsel requested $2 million in his closing argument. No settlement offer was ever made by the defense. After a five-day jury trial, the jury returned a verdict for the defendant.