Experience

Data Privacy, Antitrust and HIPAA Breach

Investigated and resolved matters involving violations of the Health Insurance Portability and Accountability Act (HIPAA), protected health information data breaches, and Office for Civil Rights (OCR) reporting and investigations, including the inadvertent misdirection of more than 1,500 patients’ protected health information and the intentional disclosure by an employee of protected health information.

Defense Verdict for Health Care Client

Secured a complete defense verdict for client hospital in an IV infiltration case. The plaintiff claimed that, as a result of a contrast extravasation into her right arm during a CT scan, she developed a blister and loss of muscle strength in the arm as well as post-traumatic stress disorder. The plaintiff claimed the client and its employed radiology technician was negligent in timely turning off the contrast after the plaintiff began yelling in pain. Following the three-day jury trial in St. Louis County Circuit Court, the jury ultimately returned a defense verdict.

Defense Verdict for University Client in Medical Malpractice, Negligence Case

Secured a defense verdict in a medical malpractice case in which the plaintiffs asked the jury to return a verdict in excess of $5 million in favor of a brain-damaged minor. The plaintiffs alleged defendant’s failure to appropriately diagnose and treat the minor’s mycoplasma pneumonia, and encephalitis resulted in permanent brain damage. The case was complicated in that the treating pediatric neurologist testified on behalf of the minor plaintiff and adverse to the defendant. Testimony included nine experts in the areas of pediatric neurology, infectious disease, autoimmune disorders, pediatric neuropsychology and pediatrics. After a several-week trial, a St. Louis City jury returned a verdict in favor of the defendant.

Second-Largest 2013 Missouri Defense Verdict

Won the second-largest 2013 defense verdict in Missouri for its representation of a hospital in a medical negligence case. The ranking was reported by Missouri Lawyers Weekly.

$17 Million Defense Verdict for Hospital Client in Suit Brought by Neurosurgeon

Defended a hospital client in a suit against a neurosurgeon who allegedly slipped and fell leaving the operating room in the hospital where he worked. The suit alleged that right-shoulder injuries from the fall ended his career. The last pre-trial demand sought $17 million in damages. After four days of trial, a defense verdict was returned in favor of our client. The win was ranked the no. 1 defense verdict in the state of Missouri in 2010 by Missouri Lawyers Weekly.