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Verdicts & Appeals

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Maurilia Detorres, Juan Torres, and Zulia Torres v. Defendant Driver

Louis W. Voelker, III

Claim:

Whether defendant failed to yield right-of-way to car first entering intersection.

Outcome:

Verdict for plaintiff: $44,000 (30% of fault)

Bergman v. Northern Indiana Public Service Company

John M. McCrum

Claim:

Gas explosion resulting in residential property and personal damages

Outcome:

Settled on first day of trial for nominal sum.

Elizabeth Stryczek v. Defendant Hemagologist/ Oncologist and Defendant Radiation Oncologist

David C. Jensen

John P. Twohy

Claim:

Whether defendants were negligent in treating plaintiff's non Hodgkins-Lymphoma.

Outcome:

Defense verdict.

Discovery House v. Consolidated City of Indianapolis, et al

David C. Jensen

Claim:

Zoning matter for a Methadone Clinic.

Outcome:

Mr. Jensen tried this case for the plaintiff in the United States District Court. Verdict for plaintiff.

Smolar v. Plastic Surgeon

Gregory A. Crisman

Claim:

Whether or not the defendant properly obtained informed consent for rhinoplasty procedure.

Outcome:

Defense verdict.

Mary O' Boyle, Indiv. and as Admin. of the Est. of James O' Boyle v. Defendant Orthopedic Surgeon

Louis W. Voelker, III

Claim:

Whether defendant failed to promptly order adequate diagnostic tests, resulting in 51 year old patient' s death from sepsis, bacterial endocarditis and bacterial meningitis. (Jury Demand: $3 Million)

Outcome:

Defense verdict.

Howard v. Northern Indiana Public Service Company

John M. McCrum

Claim:

Claimed electrical fire resulting in commercial property damage.

Outcome:

Defense verdict.

Japa v. Defendant Dentist

James L. Hough

Claim:

Alleged failure to properly extract teeth and to properly fit dentures, resulting in excessive blood loss.

Outcome:

Defense verdict.

Samuel and Nancy Karras v. Yellow Freight and Strick Corp.

David J. Beach

Claim:

Whether Yellow Freight negligently maintained its trailer which contributed to trailer overturning on plaintiff in a parking lot during a thunderstorm.

Outcome:

Plaintiff verdict.

Merri Dewinter v. Plencner

Michael Roth

Claim:

Plaintiff alleged that defendant negligently caused motor vehicle accident.

Outcome:

Pre-Trial Demand $100,000. Verdict for Plaintiff $5,000. Affirmed on Appeal.

Margaret Frostick, deceased by Adm’x Sandra Gold v. Defendant Anesthesiologist

Alyssa Stamatakos

Claim:

Whether defendant negligently used oxygen during operative procedure, resulting in ignition of face mask.

Outcome:

Final Demand: $75,001. Final Offer: $0. Defense Verdict.

Romanyne Badyniak v. Defendant - Radiation Oncologist

David J. Beach

John M. McCrum

Claim:

Whether radiation administered to small bowel following surgery for rectal cancer patient was excessive, and whether the radiation caused radiation interitis.

Outcome:

Defense verdict.

James B. Shoemaker and Beth Shoemaker v. Defendant Orthopedic Surgeon

David C. Jensen

Claim:

Whether the defendant, an orthopedic surgeon, correctly diagnosed and treated the plaintiff’s partially ruptured triceps tendon.

Outcome:

Mr. Jensen tried this case in Marion County Superior Court. There was a defense verdict.

Howard v. OB/GYN

Gregory A. Crisman

Claim:

Whether the defendant negligently failed to diagnose and treat pre-term labor, thereby causing cerebral palsy.

Outcome:

Defense verdict.

Shelly and Michael Ooley v. Defendant Plastic Surgeon

Michael Roth

Claim:

Plaintiffs alleged that defendant physician negligently performed liposuction and tummy tuck surgery.

Outcome:

Hung jury after 5 day jury trial.

Donna L. Leslie and Joseph Leslie v. Defendant Obstetrician

Louis W. Voelker, III

Claim:

Whether defendant obstetrician negligently placed excessive traction on umbilical cord and placenta causing uterine inversion and post-partum hemorrhage.

Outcome:

Defense verdict.

Estate of Dorma Foreman, et al v. Defendant Ophthalmologist, et al

David C. Jensen

John P. Twohy

Claim:

Whether the defendant, an ophthalmologist, utilized due care in diagnosing the plaintiff’s decedent’s bitemporal hemianopsia caused by a pituitary tumor.

Outcome:

Mr. Jensen tried the case in Champaign - Urbana, Illinois. There was a defense verdict.

Kirk v. General Surgeon

John M. McCrum

Claim:

Alleged negligence in performance of bowel resection, resulting in additional surgery and permanent complications.

Outcome:

Defense verdict.

Russell v. Palmer

John M. McCrum

Claim:

Gas explosion resulting in commercial and residential property damage.

Outcome:

Defense verdict.

Nigel B. Newlin v. Defendant Gastroenterologist

David C. Jensen

David J. Beach

Claim:

Whether the defendant, breached the standard of care in his prescription of gentamycin, which caused ototoxicity.

Outcome:

Case tried in Marion Superior Court. Mr. Jensen tried the case for the defendant physicians, IU Medical Center physician. Settled during trial for $50,000.

Cindy Stantz v. Defendant Family Practitioner

Louis W. Voelker, III

Michael Roth

Claim:

Plaintiff alleged that defendant physician negligently prescribed antibiotics, schedule II narcotics and NSAIDs.

Outcome:

Plaintiff verdict.

Everage v. Northern Indiana Public Service Company

Gregory A. Crisman

Claim:

Plaintiff claimed utility negligently failed to “red tag” water heater in basement garage, causing third degree burns over 87% of his body after spilling racing fuel on himself and the floor while working on race car.

Outcome:

Defense verdict.

Ralph Guerrero, as Personal Rep. of the Estate of Salomon Guerrero, Deceased, and Eva Guerrero v. Defendant - Cardiologist

David J. Beach

Claim:

Whether defendant cardiologist’s three hour delay coming to the ER to treat hypotensive CABG patient was below the standard of care and whether earlier evaluation could have prevented patient’s death.

Outcome:

Plaintiff verdict.

Scott Francis Hall, II, a deceased minor, b/n/f Lorri Woodard, his natural mother, custodial parent and guardian v. Defendant Pediatrician , et al.

Louis W. Voelker, III

Claim:

Whether the defendants failed to diagnose appendicitis and failed to properly instruct mother regarding appendicitis resulting in the death of a 12 year old boy. (Jury demand: $1.5 Million)

Outcome:

Defense verdict.

Robin Mills v. Defendant Radiologist

Kirk D. Bagrowski

Louis W. Voelker, III

Claim:

Whether the defendant radiologist failed to identify a suspicious lesion on mammography in a patient with clinical complaint of thickening, thereby delaying diagnosis of breast cancer.

Outcome:

Verdict for plaintiff: $250,000.

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