Wednesday, February 28, 2007
GOODELL DEVRIES WINS SUMMARY JUDGMENT IN "FAILURE TO DIAGNOSE" CASE
Craig Merkle and Marianne DePaulo Plant won a summary judgment for an obstetrician/gynecologis defending a “failure to diagnose and treat breast cancer” case. During discovery, plaintiff's medical expert testified that the physician defendant was negligent for failing to properly evaluate the 31-year-old patient's breast lump. He further testified that plaintiff's initial treatment was unsuccessful, and that plaintiff's cancer had progressed to Stage IV. The Circuit Court found that the testimony of plaintiff's expert on staging, available treatment and progression of the disease during the period of alleged delay in diagnosis was inadequate to prove a worsening of plaintiff's condition or any legally compensable damages under Maryland law.
DEUTSCH KERRIGAN WINS PLAYGROUND INJURY CASE
Nancy Marshall and Ashley Gilbert won a defense verdict from the trial court in a case arising out of an accident involving a seven-year-old boy who was playing with a rope on a merry-go-round with an open platform. The rope wrapped around the base of the merry-go-round, tangled with his foot, and dragged him underneath the merry-go-round where his foot was badly broken, requiring two operations. Plaintiff contended that the merry-go-round, which was more than 25 years old and had an open design not consistent with standards set forth in the 1990s, had caused the injury to the child. A biomechanical expert testified that the cause of the injury was the rope wrapping around the child’s ankle, which could have occurred with or without an open platform on the merry-go-round
DEUTSCH KERRIGAN WINS CIVIL DEATH CASE
Nancy Marshall recently won a jury verdict in a civil death case where her client, an elderly woman, was accused of murdering her male attendant. The client had been arrested by a detective investigating the death of the attendant but the D.A. refused to prosecute. The attendant had led a very disturbed personal life. His autopsy revealed the presence of metabolites of heroin, he had threatened suicide, and the gun used was his brother’s. The defense theory was that he had committed suicide. The jury determined that he had not been killed by the defendant.
DEUTSCH KERRIGAN WINS SUMMARY JUDGMENT IN KATRINA LEVEE BREACH CASE
Deutsch, Kerrigan & Stiles' Charles Seemann, Frank Barry and co-counsel won their motion for summary judgment on behalf of several engineering firms involved in work supervised by the Army Corps of Engineers in the mammoth consolidated Hurricane Katrina levee breach litigation in U.S.D.C. E.D. Louisiana. The judgment upholds and enforces the five year peremptive period of LaRS 9: 5607, dismissing the claims filed in fourteen class action suits against Deutsch Kerrigan’s clients.
GOODELL DEVRIES’ VICTORY PROMOTES PUBLIC INTEREST BY FACILITATING MIDWIVES’ CONSULTATIONS WITH CONSULTING PHYSICIANS
Don DeVries, Kelly Iverson and Nichole Nesbitt won a summary judgment on behalf of Washington Hospital Center and one of its physicians in a multi-million dollar medical malpractice case in the District of Columbia. In a case where plaintiff’s representative claimed that a baby’s severe neurologic injuries resulted from a physician consultants bad advice concerning the baby’s mother’s attempt to have a vaginal birth after having two previous cesarean section deliveries.
Plaintiff sued the midwives who provided the mother’s prenatal care and a physician with whom one of the midwives consulted prior to delivery.
The plaintiffs contended that the physician owed a duty to the mother to instruct the midwives and, if necessary, the patient herself, that she was not an appropriate candidate for a vaginal delivery. The defense argued that a brief consultation between the consulting physician and the treating midwife did not give rise to a duty to the mother because the physician never treated, evaluated, spoke with, saw, or met the mother; he only provided advice – which the midwives were free to accept or reject – during a less than 10-minute discussion with the midwives.
The Court granted defendants’ motion for summary judgment, holding that the consulting physician’s “isolated and non-binding consultation” failed to give rise to a duty on his part to the mother. Importantly, the Court also expressed concern over the negative impact on public policy that would result from the imposition of a legal duty in this situation. In the District of Columbia, midwives are independent practitioners who are permitted to provide care for pregnant women without the supervision of a doctor. The Court held that, under those circumstances, “encouraging the nurse-midwives to consult with obstetrics professionals is in the public interest. Conversely, extending liability to such consultations, without more, contradicts that interest.”
Friday, February 23, 2007
AKERMAN ATTORNEY IS "THE CALM" IN MEDIA STORM OVER ANNA NICOLE SMITH CASE
Jordana Mishory - Daily Business Review - February 23, 2007
Parties flew in from afar to lay claim to the body of former Playboy Playmate and reality TV star Anna Nicole Smith.
But after nearly a week of hearings, Broward (Fla.) Circuit Judge Larry Seidlin gave custody of the body to a Miami lawyer who didn't even know he had a role in the case when Smith died in Hollywood two weeks ago.
Seidlin granted the power to decide where Smith will be buried to Richard C. Milstein, an Akerman Senterfitt attorney who was appointed last week as guardian ad litem for Smith's 5-month-old daughter, Dannielynn Hope Marshall Stern.
While announcing this decision, the sobbing judge said that he wanted Smith to be buried with her son in the Bahamas.
In a news conference after the decision, Smith's mother, ex-boyfriend and longtime companion said Smith will be buried in the Bahamas.
Milstein, who has avoided the spotlight, left the courthouse through a side exit and went straight to his car without making any statements.
Throughout the hearings the dapper and mild-mannered Milstein seemed above the fray as the proceedings quickly degenerated into a circus-like atmosphere.
As guardian ad litem, Milstein's role is to ensure his client's best interests are represented in the legal battle.
Read the entire article HERE
Thursday, February 22, 2007
THOMPSON HINE VICTORY IN APPELATE COURT
A Cleveland, Ohio appellate court unanimously affirmed the summary judgment won by Timothy Coughlin, Kip Bollin and Hope Redmond of Thompson Hine LLP against a wrongful death Legionaire’s Disease claim arising in an industrial setting.
Legionnaires’ Disease is caused by inhalation of the legionella bacteria, ubiquitous and commonly found in lakes, streams and home water heaters. In 2005, the attorneys won summary judgments against three workplace intentional tort claims brought by plaintiffs who contracted the disease.
Only one of those plaintiffs appealed. The appellate judgment was based in part on the novelty of the outbreak in an industrial setting, as well as plaintiff's inability to establish that defendant failed to satisfy any relevant standard of care. Chokan v. Ford Motor Company, 2006 Ohio 5564 (8th Dist. 2006).
Monday, February 19, 2007
BEIRNE MAYNARD ADDS FINANCIAL RESTRUCTURING AND INSOLVENCY GROUP
The Network's Texas firm, Beirne, Maynard & Parsons, today announced that it has added a Financial Restructuring and Insolvency Group to its litigation practice. Three bankruptcy attorneys and a paralegal have joined the firm, adding significant strength in bankruptcy representation. With more than 30 years combined experience, the Financial Restructuring and Insolvency Group assists both debtors and creditors in all aspects of bankruptcy cases, from pre-petition negotiations to post-confirmation representation. In formal bankruptcy proceedings and out-of-court restructurings, they represent business debtors, unsecured creditors’ committees, landlords, lenders and other secured creditors, principals, major shareholders, and trustees.
Friday, February 16, 2007
GWYN QUILLEN (ALSCHULER GROSSMAN) WINS LITIGATOR OF THE YEAR HONORS
Gwyn Quillen, an Alschuler Grossman trial lawyer, has been named "Litigator of the Year" by the Century City Bar Association.
Quillen defends accounting firms in securities fraud cases; auditing, tax, and consulting malpractice cases; and investigations by the Securities and Exchange Commission, State Boards of Accountancy, the AICPA’s Quality Control Investigation and Ethics Committees, and the Department of Justice.
She was recognized by the Los Angeles Daily Journal in 2006 as one of the Top 75 Women Litigators in California, and is listed in the publication The Best Lawyers in America.
Quillen is an officer of the Committee of Law and Accounting of the American Bar Association’s Business Law Section, and has been a speaker on litigation topics at various continuing education programs, including for the Practicing Law Institute, California Continuing Education of the Bar, the Association of Business Trial Lawyers, the USC Corporate Counsel Institute, and the California Society of CPA’s. She currently serves on the board of TreePeople.
Quillen received her B.A. in Economics in 1985 from USC, where she was awarded a Trustee Scholarship, and her J.D. in 1988 from USC, where she was the Executive Articles Editor of the Law Review and was elected to the Order of the Coif.
She served as a law clerk to Hon. Robert Boochever, Judge of the U.S. Court of Appeals for the Ninth Circuit, in 1988 and 1989.
Thursday, February 15, 2007
AKERMAN SENTERFITT POST-TRIAL MOTIONS PREVAIL IN ARRIVA V. ALPHAMED
Judge rules in Arriva's favor, dismissing jury's $78 million recommendation for damages
Akerman Senterfitt announced today that on Friday, May 26, U.S. District Judge Cecilia Altonaga handed down a 60-page order in favor of the firm's client, Arriva Pharmaceuticals Inc., after three months of post-trial motions. Alphamed Pharmaceuticals Corp. had brought the case to trial in September 2005, alleging that Arriva and an Arizona private investigation firm stole its trade secrets and tried to destroy its business. Friday's ruling dismissed a jury recommendation presented in January of this year of $78 million in damages, resulting in the best possible outcome for Arriva. The judge also dismissed the $1.00 in nominal damages which AlphaMed had previously obtained on the misappropriation of trade secrets count.
Akerman Senterfitt litigation attorney Jonathan Goodman, the lead attorney for Arriva at both the trial and the post-trial motions, had convinced the Judge not to enter judgment based on the jury's recommendation until ruling on post-trial motions. Goodman was successful in presenting briefings that resulted in the Judge dismissing the case on the merits.
"I couldn't be more pleased for our client," said Goodman. "It's always a challenge to prevail on post-trial motions such as these, but we were confident that the Judge would agree with our position."
Wednesday, February 14, 2007
HOOD LAW FIRM OBTAINS THREE DEFENSE VERDICTS IN FIVE WEEKS
The New Year has seen great success from the team at the Hood Law Firm, LLC of Charleston, South Carolina, obtaining three defense verdicts in five weeks.
On January 11, 2007, Robert H. Hood and James B. Hood obtained a defense verdict in a medical malpractice case where a patient developed post-operative infection leading to sepsis and ultimately her death after a protracted hospital course. The Plaintiff initially demanded $2,400,000 on the basis that the surgeon failed to open the surgical wound until the fifteenth post-operative day which inhibited the treatment of the infection and resulted in the development of sepsis. The Defendant proved that a team of physicians were caring for and treating the Plaintiff and that the orthopedic surgeon acted reasonably by not opening the surgical wound until there was some objective medical evidence to justify doing so. After two hours of deliberating, the jury sent out a question asking how much longer they had to deliberate before being released for the day. The Judge presented several options to the jury and sent the jury back to decide how they wanted to proceed. While deliberating on how long they would deliberate, the jury returned a defense verdict.
After a one week break, Robert H. Hood and James B. Hood joined Chilton G. Simmons and Diedra W. Hightower, all of the Hood Law Firm, LLC in Beaufort County, South Carolina. The trial team represented a general contractor who was awarded a paving contract which included the placement of underground drainage pipes. One evening during the Beaufort Water Festival, a resident in the neighborhood took his ATV for a spin and was ejected from the vehicle landing head first near or in the concrete culvert pipes that were along the roadway. The traumatic brain injury left the Plaintiff with left-sided paralysis and blindness. The Plaintiff alleged that the general contractor created a hazardous condition and violated certain codes and regulations pertaining to traffic control and road construction and sought to recover $2,000,000. During the two week trial, the Defendant proved that the pipes were obvious, out of the travel portion of the roadway and that the Plaintiff himself was responsible for the accident. At the end of the trial, the jury returned a defense verdict.
On February 9, 2007, the trial team of Molly Craig and Jennifer Nutter, along with their physician client, obtained a defense verdict in a medical malpractice case. The case was tried before the Honorable Judge Perry Buckner in Charleston County, South Carolina. The plaintiff, the Estate of the patient, was seeking damages for alleged gross negligence on the part of a cardiothoracic surgeon during a coronary artery bypass graft operation. The hospital settled with the plaintiff prior to trial. The defense verdict ended seven years of litigation. The team proved the physician acted within the standard of care and that he did not act with gross negligence in his care of the decedent. After twenty-five minutes of deliberating, the jury returned a defense verdict.
SANDBERG PHOENIX MEDICAL MALPRACTICE VICTORY
Keith Phoenix and John Ingrassia of Sandberg Phoenix & von Gontard received a defense verdict in St. Louis City Circuit Court. This was a medical malpractice action wherein the plaintiff developed Horner’s Syndrome following a carotid endarterectomy performed by a vascular surgeon in October, 1999. Horner’s Syndrome presents as a triad of symptoms, including ptosis (drooping eyelid), myosis (unilateral pupil constriction) and anhydrosis, which leads to lack of sweating on the affected side of the face. The defendant established Horner’s Syndrome is a rare but recognized complication of the carotid endarterectomy procedure, and was not caused by any negligence on the part of the surgeon.
Friday, February 02, 2007
NETWORK IS NOW AN ACCREDITED CLE PROVIDER IN ILLINOIS
Congratulations to Edd Schillay, Manager of Operations of The Network of Trial Law Firms. The Network has just received approval as an accredited CLE Provider approved to provide MCLE for Illinois attorneys.
Our Illinois approval is effective from July 1, 2006 to June 30, 2008 and is valid for both our live Litigation Management SuperCourses and the TRIAL.COM Online CLE offerings.
We are one of the few approved online MCLE providers for Illinois-registered attorneys.
We plan to bring our online MCLE (17 hours) to in-house counsel and Network law firm member attorneys in Illinois.
The Network is also an accredited provider in the State of California (live and online) and we have an application pending in the State of Georgia.
