2006 Trial Results

14 Defense Verdicts

October 18, 2006

Plaintiff in this action presented to the emergency room with the symptoms of a transient ischemic attack (TIA). After being discharged, the Plaintiff suffered a massive and debilitating stroke two weeks later. James Grohmann, representing a family doctor, successfully defended the case maintaining that the physician acted appropriately. The physician communicated with the emergency room and increased the Plaintiff's anxiety medication. Plaintiff sought over 14 million dollars in this matter. After a few hours of deliberation, the jury returned with a defense verdict.

October 4, 2006

Gerald Toner and Melissa Calabrese successfully defended a local radiologist in a failure to diagnose lung cancer case. The Plaintiffs alleged that the local radiologist deviated from the standard of care in his interpretation of an x-ray film, which allegedly revealed a malignant lung tumor. The lung cancer subsequently metastasized which led to the Plaintiff's death. The Defense successfully argued the x-ray was interpreted correctly. The jury agreed and found in the radiologist's favor.

October 4, 2006

United States Liability Insurance (“USLI”) recently prevailed in a challenging declaratory judgment action filed against it by Associated Industries of Kentucky, Inc. (“AIK”). The underlying litigation involved four lawsuits filed by various insureds of AIK Comp who had been assessed to pay over $74,000,000 for claims that had not been properly reserved. AIK, the sponsoring entity of AIK Comp, was named in all of these suits along with many current and former directors of AIK. USLI provided $10,000,000 of coverage to AIK through a non-profit professional liability policy. USLI denied coverage and elected not to defend AIK and its directors based upon an insurance program exclusion. AIK contended the exclusion was ambiguous and that USLI had a duty to defend.

Andrew Clooney and Michael McDonner represented USLI. They were successful in convincing the Court that the contractual language was not ambiguous and therefore there was no duty to defend. This result represents a hard fought victory for USLI who is an emerging specialty lines carrier in the U.S.

September 15, 2006

A Jefferson County jury returned a unanimous defense verdict in favor of a local emergency physicians' group. Gerald Toner and Michael McDonner successfully defended allegations of the negligent intubation of a patient. After undergoing an aorta-femoral bypass, the patient suffered an anoxic encephalopathy which ultimately led to his death. At the trial of this matter, the Plaintiff sought more than 13 million dollars in damages. After short deliberations, the jury returned with a unanimous defense verdict in favor of the local emergency physicians' group.

September 8, 2006

A neurologist practicing in Louisville, Kentucky was awarded a unanimous defense verdict by a Jefferson County jury.  The neurologist was represented by Donald Brown and Joseph Klausing.  The case involved alleged negligence in the neurologist’s interpretation of an EEG.  Plaintiff alleged that due to the neurologist’s improper interpretation of the EEG, she was prescribed Lamictal at an incorrect dosage level, which resulted in Stevens Johnson Syndrome.  The defense successfully argued that the EEG was interpreted correctly, and the jury agreed and found in the neurologist’s favor.

August 14, 2006

A Jefferson County jury needed less than 30 minutes to find in favor of a local internist. Plaintiff alleged that the physician was negligent in failing to anticipate the Plaintiff's suicidal behavior. The Plaintiff jumped out of a window from a local hospital in an unsuccessful suicide attempt. James Grohmann successfully argued that the local internist met the appropriate standard of care and that Plaintiff's behavior was unexpected such that no added precautions were indicated.

June 23, 2006

A Fayette County jury found in favor of a local general surgeon in this medical malpractice action. Plaintiff alleged the surgeon did not have informed consent to resect and remove a redundancy that the surgeon found intraoperatively. Rather, the Plaintiff maintained the physician only had consent to remove the villous adenoma of the ascending right colon. The polyp was removed successfully laparoscopically, but the resection and removal of the redundancy required conversion to an open procedure. The Plaintiff was seeking over 5 million dollars in damages for this claim. The jury deliberated for less than an hour and returned with a defense verdict.  The general surgeon was represented by Donald Brown and Michael Dailey.

June 8, 2006

In a high profile case, Donald Brown and Michael Dailey successfully obtained a defense verdict in favor of a local colorectal surgeon. Plaintiff alleged that the Defendant was negligent when performing a complete protectomy on the Plaintiff. During the procedure, the Plaintiff sustained an anoxic injury that resulted in brain damage, which ultimately led to her death three months later. After three days of deliberations, the Jefferson County jury returned a defense verdict in favor of the colorectal surgeon while assessing over $9,000,000 dollars in damages against the hospital.

June 7,2006

 A Fayette County jury returned a unanimous defense verdict in favor of a local orthopedic surgeon. Plaintiff fractured her wrist and saw the orthopedic surgeon 10 days later. The orthopedic surgeon performed a closed reduction of the wrist fracture. Postoperatively, the Plaintiff developed a distal radius deformity as a result of loss of position of the fracture alignment following the closed reduction. After deliberating less than an hour, the jury returned a unanimous defense verdict in favor of the orthopedic surgeon represented by Christopher O'Bryan.

May 3, 2006

A plastic surgeon practicing in Daviess and Henderson, Kentucky, was awarded a defense verdict by an Owensboro, Kentucky jury.  The defendant was represented by David Strite and Joseph Klausing.  In July, 2003, Plaintiff underwent a bilateral breast reduction with a vertical technique for her large, pendulous breasts.  Plaintiff alleged that her nipples were placed too high, specifically three inches above the inframammary fold, and this was a result of the physician's preoperative measurements, intraoperative markings and surgical technique.  The defense successfully argued that the nipples were not excessively high and that nipple malposition is a known, recognized complication of the vertical breast reduction, a notion reaffirmed by Plaintiff's own expert on cross examination.  The Daviess County jury needed less than an hour to deliberate and returned a defense verdict.

May 3, 2006

A Louisville, Kentucky jury awarded a defense verdict in favor of a local cardiologist.  The physician was represented by Donald Brown and Joseph Klausing.  In this medical malpractice action, Plaintiffs alleged that the defendant was negligent by administering thrombolytic therapy (tPA) to treat a massive inferior wall myocardial infarction.  Shortly after the administration of tPA the Plaintiff developed an intracranial hemorrhage and died seven days later.  Of interest, Plaintiffs sought to obtain an instruction on the doctrine of lost chance, that is the plaintiff had an 80 percent chance of recovering from the heart attack but for the cardiologist's error.  The defense not only successfully excluded an instruction on lost chance but also obtained a defense verdict after approximately an hour and a half of deliberations.

April 14, 2006

A Bullitt County jury returned a defense verdict after a 4-day trial. Plaintiff, while on a cross country trip, stopped at a Bullitt County campground to rest for the evening. Upon walking from the campground office, the Plaintiff tripped on a set of steps and broke her ankle. Plaintiff was forced to undergo three repair surgeries on her ankle. Plaintiff alleged that the design of the steps was faulty, as the steps were the same color as the nearby handicapped ramp, and there was no handrail. Andrew Clooney successfully defended that the steps were reasonably safe and maintained that the Plaintiff was at fault in this matter. The jury agreed and returned a defense verdict.

March 20, 2006

Donald Brown and Joseph Klausing successfully defended a general surgeon in a Jefferson Circuit Court case.  Plaintiff sought over 2.2 million dollars in damages and alleged that the defendant failed to rule out colon cancer.  The defense noted that the general surgeon was consulted a single time to respond to acute abdominal pain, and he correctly identified that there was no surgical solution, and that ended his care.  The Louisville, Kentucky jury agreed with the defense and found in his favor after a little more than an hour of deliberations.

March 1, 2006

An Evansville, Indiana jury found in favor of a local obstetrician. Plaintiff alleged that the delivery was plagued with problems and ongoing fetal distress culminating in a fetal demise that could have been avoided. When the fetus could not be delivered vaginally, the local obstetrician called for a c-section. By the time of the actual delivery, the fetus had no spontaneous respirations. Tracy Prewitt and Amy Stewart successfully defended the physician noting that the cord gas values did not show a long period of fetal distress, as severe acidosis was not present.

February 10, 2006

Gerald Toner and Michael McDonner successfully defended an OB-GYN involving the delivery of a child. Plaintiffs alleged that the OB-GYN was negligent for attempting to perform a forceps-assisted vaginal delivery, her application of the forceps and the use of the drug, Pitocin. Approximately 12 hours after birth, the infant began to have seizures which continued for approximately a day, until she was medicated with a trial of several medicines. A subsequent CT scan showed a depressed occipital fracture with subdural bleeding. The Plaintiffs sought more than 6 million dollars in damages at the trial. A Shelby County jury returned a defense verdict in favor of the local OB-GYN.