Successes
Menschik v. Heartland Regional Medical Center. Plaintiff sued Heartland Regional Medical Center and three physicians alleging a failure to diagnose and timely treat an epidural abscess. Plaintiff claimed the failure to order appropriate tests and timely perform surgery rendered plaintiff a functional quadriplegic with significant neurological impairment of all four limbs. Plaintiff’s life care plan and economist opined economic damages of nearly $5 Million. The November 2015 trial lasted eight days. In closing arguments Plaintiff’s counsel asked the jury for $10 Million. Less than two hours after closing, the jury rendered a defense verdict. The verdict ranked as the Missouri Lawyer’s Weekly #8 “Top Defense Win” in 2015.
Defeated class certification and defended more than 50 lawsuits in arbitration and multiple defense verdicts in cases against a Missouri hospital system involving allegations of substandard infection-control practices and hospital-associated infections.
Defended attempted class action certification against a Missouri hospital system involving the Fair Debt Collection Practices Act.
Obtained a defense verdict in claim that obstetrician/gynecologist and hospital inappropriately managed shoulder dystocia during childbirth, resulting in permanent brachial plexus injury.
Obtained defense verdict in lawsuit claiming improper sterilization of 25-year-old plaintiff by obstetrician/gynecologist during management of ectopic pregnancy.
Defended medical product manufacturer in multimillion-dollar lawsuit involving patient who suffered neck injury resulting in ventilator dependent quadriplegia.
Defended Missouri hospital system in several lawsuits claiming negligent credentialing of physicians.
Obtained $5 million verdict on behalf of plaintiff in bad-faith refusal to settle case involving defective construction products. (Top Ten Plaintiff Verdict, Missouri Lawyers Weekly.)
Handled a case involving postsurgical methicillin-resistant staphylococcus aureus (MRSA) infection. Plaintiff underwent spinal fusion surgery with no apparent complications, started rehabilitation and developed a surgical site infection caused by MRSA. Plaintiff claimed the hospital’s infection control practices were inadequate, that its MRSA rates were too high and that a rehabilitation mat was contaminated. Defended the infection control practices and infection rates and convinced jury that plaintiff’s infection was most likely caused by bacteria residing on plaintiff’s own skin. Jury returned a unanimous defense verdict.
Represented a hospital in defense of a suit for wrongful death and medical malpractice for failure to review an electrocardiogram (EKG) report and inform the patient that the EKG was abnormal. The original demand was in excess of $1 million. The case was settled on behalf of the hospital for a small pretrial offer. The jury subsequently returned a verdict against the anesthesiologist, whom the firm did not represent, for $1 million.
