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Verdicts & Appeals

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Medical Assurance Co., Inc. v. Hellman

David C. Jensen

Robert J. Feldt

Claim:

Client medical malpractice insurance carrier filed suit seeking declaratory judgment action that insured violated the policy's cooperation clause and therefore it no longer had a duty to defend or indemnify him. The United States District Court for the Northern District of Indiana, Allen Sharp, J., stayed the federal proceedings pending the resolution of pending and anticipated state court medical malpractice proceedings. Carrier appealed.

Outcome:

Client medical malpractice carrier prevailed and the stay was vacated and the was case remanded so that client medical malpractice carrier could proceed with its declaratory judgment action. Medical Assurance Co., Inc. v. Hellman, 610 F.3d 371 (2010)

Collins v. Defendant Ophthalmologist

Alyssa Stamatakos

Carly A. Brandenburg

Claim:

Whether the Defendant ophthalmologist breached the standard of care and caused the Plaintiff’s complained of damages when performing Plaintiff's LASIK surgery.

Outcome:

Jury trial resulting in defense verdict for the Defendant ophthalmologist.

Steven Coppolillo v. Daniel Zunica

David C. Jensen

Claim:

Plaintiff, Coppolillo, sued Zunica for breach of fiduciary duty in Zunica's capacity as a member of a closely held corporation.

Outcome:

Mr. Jensen tried the case and received a verdict for the firm's client Coppolillo

Mazurkiewicz v. Cardiothoracic Surgeon

James L. Hough

Claim:

Alleged negligent placement of temporary pacing wires through the transverse colon during a CABG surgery causing infection and death.

Outcome:

Defense verdict.

Jeffreys v. New York Law firm

Carly A. Brandenburg

David C. Jensen

Claim:

The Jeffreys sought to hold their New York lawyers liable in a suit filed in Indiana when their adoption of an Indiana child went awry.

Outcome:

Dismissal of the New York Law firm for lack of in personam jurisdiction, which was affirmed on appeal.

Lewis v. Defendant Emergency Medicine Physician and Defendant Family Practice Physician

Gregory A. Crisman

Claim:

Plaintiffs alleged that defendant failed to diagnose a congenital diaphragmatic hernia and ventricular septal defect by fetal ultrasound.

Outcome:

Motion for judgment on the evidence granted in defendant’s favor.

Angela K. Watson v. Defendant OB/GYN

Michael Roth

Claim:

Plaintiff alleged that defendant physician failed to remove laparotomy sponge placed during a STAT C-section.

Outcome:

Defense verdict.

Estate of Israel Arcuri v. Defendant - Urologist

David J. Beach

Kirk D. Bagrowski

Claim:

Whether negligence of physician contributed to cause of death of 1 year old following surgery for an undescended testicle.

Outcome:

Plaintiff verdict.

Austin v. Defendant Pediatrician

Alyssa Stamatakos

Claim:

The plaintiff alleged that the physicians negligently treated her thirteen-month old for dehydration, causing his death.

Outcome:

Defense verdict.

Martinez v. Cosmetic Surgeon

Gregory A. Crisman

Kirk D. Bagrowski

Claim:

Whether defendant failed to properly perform breast reduction surgery and failed to obtain informed consent.

Outcome:

Judgment on the evidence in favor of cosmetic surgeon.

Florentine v. Defendant Pathologist

Alyssa Stamatakos

Carly A. Brandenburg

Claim:

Whether a pathologist breached the standard of care and caused the Plaintiff's claimed damages associated with a diagnosis of lung cancer.

Outcome:

A Lake County Jury returned a verdict for the defendant pathologist.

Estate of Ann Baker v. Defendant - General Surgeon

David J. Beach

Claim:

Whether surgeon was negligent in caring for morbidly obese patient and caused her death following bariatric surgery.

Outcome:

Defense verdict.

Hicks v. Defendant Radiologist, et al.

Gregory A. Crisman

Claim:

Plaintiffs alleged that defendant failed to diagnose a congenital diaphragmatic hernia and ventricular septal defect by fetal ultrasound.

Outcome:

Motion for judgment on the evidence granted in defendant’s favor.

Jordan v. Defendant Pulmonologist

David C. Jensen

Claim:

Plaintiffs alleged that defendant failed to diagnose and treat pulmonary emboli.

Outcome:

Defense verdict, affirmed on appeal by the Indiana Court of Appeals.

Pritt v. Defendant Nurses

David J. Beach

Claim:

Plaintiff alleged that defendants were negligent in administration of an injection thereby allegedly causing damage to the sciatic nerve.

Outcome:

Defense verdict.

Fisch v. Defendant Otolaryngologist

James L. Hough

Claim:

Alleged unnecessary sinus surgery and billing for procedures that were not done.

Outcome:

$46,000 plaintiff verdict, approximately medical specials, with over $900,000 demanded.

Dvorscak v. Defendant Otolaryngologist

James L. Hough

Claim:

Alleged unnecessary sinus surgery and billing for procedures that were not done.

Outcome:

$40,000 plaintiff verdict, approximately medical specials, with over $1,000,000 demanded.

David and Bonnie Sharp v. Defendant Urologist, et al.

Gregory A. Crisman

Claim:

Plaintiffs alleged that defendant failed to give prophylactic antibiotics prior to a cystoscopy on a patient with a history of a joint replacement.

Outcome:

Dismissed by plaintiffs one month before trial without any payment.

Renee White v. Defendant Gynecologist

Louis W. Voelker, III

Claim:

Whether the defendant gynecologist failed to properly perform the Pfannenstiel incision and repair anterior wall, leading to small bowel obstruction, not timely diagnosed. (Final demand: $650,000).

Outcome:

Defense verdict.

Mary Anne Finney v. The Estate of Defendant Physician

Louis W. Voelker, III

Mallory Reider Inselberg

Claim:

Whether the defendant cause plaintiff to suffer polysubstance addiction.

Outcome:

Defense verdict.

Estate of Kathy Davis v. Anonymous Hospitals

Stephen A. Tyler

Claim:

Lead trial counsel for defendant-Hospital in wrongful death action brought by husband of a female patient who died from a meningeal infection after discharge from the Hospital following surgery to remove a brain tumor. Plaintiff alleged that the patient had acquired the infection in hospital because it had negligently failed to take appropriate precautions and had negligently prepared the patient for surgery by shaving the surgical site. The Hospital argued that the patient was appropriately prepared for surgery in compliance with the standard of care, and that the patient self-contaminated the surgical site after leaving the hospital when she developed a CSF leak. The case involved the presentation to the jury of complex concepts of infectious disease medicine and involved multiple expert witnesses. After five days of testimony, the jury returned a verdict for the defendant-Hospital.

Outcome:

Verdict for defendant.

Whitehead v. Defendant Otolaryngologist

James L. Hough

Claim:

Alleged unnecessary sinus surgery and billing for procedures that were not done.

Outcome:

$100,000 plaintiff verdict with over $1,000,000 demanded.

Contractor v. Surgeon

David J. Beach

Claim:

Plaintiff alleged injuries from negligently transected common bile duct during a laparoscopic cholecystectomy.

Outcome:

Defense verdict.

Barrera v. Defendant Reproductive Endocrinologist

Michael Roth

Claim:

Lawsuit involving a 32 year-old female patient who allegedly suffered a pulmonary embolism while undergoing an in-vitro fertilization procedure.

Outcome:

Jury demand $500,000. Verdict for Plaintiff in the amount of $185,000.

Resa v. Defendant Family Practitioner

Carly A. Brandenburg

Louis W. Voelker, III

Claim:

Whether the family practice doctor breached the standard of care when examining a patient who ultimately suffered from diverticulitis and, ultimately, a ruptured diverticulum.

Outcome:

Jury trial resulting in defense verdict

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