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Verdicts & Appeals

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Joseph Tylisz v. Northern Indiana Public Service Company

Kirk D. Bagrowski

Claim:

Plaintiff alleged that utility company failed to properly inspect his furnace, and failed to honor service agreement.

Outcome:

Defense verdict.

Riley Chilton, Indiv. and o/b/o Chance Chilton, deceased v. Defendant Neurosurgeon, et al

David C. Jensen

Claim:

Whether the defendant breached the standard of care in failing to diagnose that plaintiff’s decedent was the victim of child abuse.

Outcome:

Mr. Jensen tried this case in the Marion County Circuit Court. The jury found in favor of his client, the neurosurgeon.

Vuckovich v. Emergency Department Physician

John M. McCrum

Kirk D. Bagrowski

Claim:

Alleged negligent failure to diagnose and treat abdominal aortic aneurysm resulting in death of 45 year old man.

Outcome:

Plaintiff verdict.

Adele C. Cherry f/k/a Adele C. Jiminez v. Defendant Gynecologist

Kirk D. Bagrowski

Louis W. Voelker, III

Claim:

Whether gynecologist erred in recommending Laparoscopic Assisted Vaginal Hysterectomy, failed to obtain informed consent, negligently caused small bowel injury requiring resection, and negligently removed patient’s only remaining ovary.

Outcome:

Defense verdict.

Estate of Marvin Knoch, et al v. Allergy & Immunology Specialist

Gregory A. Crisman

Claim:

Wrongful death claim arising out of alleged failure to timely diagnose and treat lung cancer.

Outcome:

Defense verdict.

Schmidt v. Infectious Disease Physician

John M. McCrum

Michael Roth

Claim:

Alleged wrongful death resulting from alleged failure to diagnose and treat bacterial endocarditis.

Outcome:

Defense verdict.

Estate of Rosella Perkins, et al v. Defendant - Internist Defendant - Pulmonologist

David J. Beach

Claim:

Whether the death of a 32 year old mother who presented to the hospital with a pulmonary embolism and pneumonia could have been prevented if the defendants had come to see her in the ICU.

Outcome:

Defense verdict.

Bobbie and Jerry Horsley v. Defendant Plastic Surgeon

Michael Roth

Claim:

Plaintiffs alleged that the defendant physician negligently performed tummy tuck/liposuction procedure.

Outcome:

Case dismissed on eve of trial.

Gastineau v. Collections Attorney

John M. McCrum

Michael Roth

Robert J. Feldt

Claim:

Alleged violations of Fair Debt Collection Practices Act resulting in alleged personal damages.

Outcome:

Settled on first day of trial.

Escamilla v. CRNA and Anesthesiology Group

Gregory A. Crisman

Claim:

Whether defendants failed to properly administer anesthesia or monitor patient during total abdominal hysterectomy surgery, causing her death.

Outcome:

Defense verdict.

Blair v. Defendant Dentist

James L. Hough

Claim:

Dental malpractice case with the allegation of failure to properly construct a 14 unit roundhouse bridge.

Outcome:

Defense Verdict.

Billy Smith v. Defendant Urologist

Michael Roth

Claim:

Plaintiff alleged that the defendant physician failed to properly perform wrong-sided testicular surgery.

Outcome:

Plaintiff verdict.

Judy Sabau v. Defendant Pain Management Physician

Louis W. Voelker, III

Claim:

Whether the defendant caused nerve damage to plaintiff as result of cervical facet joint injection.

Outcome:

Verdict for plaintiff: $181,555.

John O'Brien, et al v. Darrell J. Hess, et al

Robert J. Feldt

Claim:

Eichhorn & Eichhorn, LLP’s client was an Ohio attorney who was sued with several other defendants via a variety of legal theories in Illinois with regard to the assets of a traveling nursing business.

Outcome:

Following a dismissal for lack of personal jurisdiction, Eichhorn & Eichhorn, LLP was able to secure an opinion affirming the dismissal on appeal from the Illinois Appellate Court. The case against the Ohio attorney was ultimately dropped.

Rowland v. Orthopedic Surgeon

Gregory A. Crisman

Claim:

Whether the defendant failed to properly perform surgeries on patient’s feet, causing lost wages and additional medical expenses.

Outcome:

Defense verdict.

Reber v. General Surgeon

James L. Hough

Claim:

Plaintiff alleged inadequate surgical technique when during a bariatric weight loss surgery, an artery was severed causing hemorrhage.

Outcome:

Defense Verdict.

Estate of Debra Plank v. Defendant- Surgeon, et al.

David J. Beach

Claim:

Whether defendants negligently delayed diagnosing small bowel obstruction.

Outcome:

Defense verdict for E&E client.

Mosley v. Defendant Gynecologist

Carly A. Brandenburg

Gregory A. Crisman

Claim:

Plaintiff alleged malpractice associated with failure to diagnose cancer, resulting in death.

Outcome:

Case against the defendant was dismissed for procedural failings on the part of the Plaintiff's counsel during the Medical Review Panel proceedings, which was affirmed on appeal.

Estate of Norma Trackwell v. Defendant Pulmonologist

Mallory Reider Inselberg

Michael Roth

Claim:

Plaintiff alleged that defendant physician failed to properly diagnose and treat left sided pneumonia and negligently performed thoracentesis leading to patient death.

Outcome:

Defense verdict.

David and Judy Timbrook v. Defendant - Spine Surgeon and General Surgeon

David J. Beach

Mallory Reider Inselberg

Claim:

Whether delay in diagnosis of ureteral injury led to loss of kidney.

Outcome:

Defense verdict for E&E clients.

Starling v. Family Practitioner

Gregory A. Crisman

Claim:

Whether defendant failed to timely diagnose and treat breast cancer, resulting in metastases.

Outcome:

Verdict for plaintiff: $175,000.

Gettleman v. Defendant Surgeons

Louis W. Voelker, III

Claim:

Plaintiffs alleged claims of medical malpractice in the performance of an appendectomy and post-surgical management.

Outcome:

Dismissed by plaintiffs one month before trial without any payment.

Martin Gerowitz v. Defendant Physician

Louis W. Voelker, III

Claim:

Whether the defendant physician met the standard of care in treating plaintiff’s leukemia.

Outcome:

Verdict for plaintiff: $420,000 Reversed on appeal and set for re-trial.

Patricia Harris and Jason Cole, Sr. v. Defendant Obstetrician

Kirk D. Bagrowski

Louis W. Voelker, III

Claim:

Whether the defendant obstetrician failed to recognize need for emergency c-section resulting in death of infant.

Outcome:

Verdict for plaintiff: $1,100,000.

Ladere v. Pathologist, et al.

Carly A. Brandenburg

David C. Jensen

Claim:

Plaintiff claimed a number of physicians failed to properly treat his wife, who unfortunately succumbed to cancer.

Outcome:

Directed verdict for the defendant pathologist.

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