Brandon Henry and Tom Rottinghaus successfully defended our clients, a local surgeon and medical group, in a jury trial in Jackson County, Missouri, in which the plaintiffs asserted claims of medical malpractice and wrongful death and sought damages in the amount of $2,465,347.24.
Plaintiffs claimed that our clients were negligent for failing to fully repair the patient’s long-standing, giant paraesophageal hernia during a surgical procedure in July 2013. Further, Plaintiffs contended that our clients were negligent for failing to place a nasogastric tube or gastrostomy tube during or following surgery for purposes of reducing the risk and effects of gastroparesis (dysmotility of the stomach) and aspiration. Lastly, Plaintiffs claimed our clients departed from the standard of care by advancing the patient’s diet post-operatively and that such further increased the risk of aspiration and related problems. Plaintiffs claimed that the actions and decisions of our clients lead to the patient experiencing post-operative vomiting, aspiration, aspiration pneumonia, sepsis and death.
We successfully argued that the surgical procedure selected for the patient was the most appropriate option for him due to his age and overall medical condition and that it was reasonable for our clients not to place tubes during or following surgery and to advance the patient’s diet after surgery because the absence of tubing and advancement of the diet can promote gastric and intestinal motility and reduce complications. Further, we were able to convince the jury that the patient’s post-operative course and death occurred despite appropriate care by our clients and likely still would have occurred if a different treatment course had been selected for the patient.
After a seven-day trial, a Jackson County, Missouri jury returned a verdict in favor of our clients in this case in which the plaintiffs’ final pretrial demand was $1.95 million.
At the conclusion of trial, Jon Kieffer, Vanessa Gross, and Adam Davis obtained a $6,723,021.00 damages award on behalf of the family of a young woman who had been killed in a two-vehicle collision. The case was filed by the surviving husband on behalf of himself and their three young children. The defendants in the case were the driver of the other vehicle, as well as the driver’s parents and their oil company. We argued, successfully, that the other driver was negligent in the operation of his vehicle at the time of the collision. We prevailed on our assertion that the other driver’s parents, who owned the vehicle, were negligent for allowing him to drive their car because they knew or should have known of his horrendous driving record. We succeeded on our claim that the parents’ oil company should be held liable because the accident occurred while the driver was in the course and scope of work for the oil company. We also prevailed on our claim of alter ego. As a result, we succeeded on all claims: negligence, negligent entrustment, agency, and alter ego. Survival, wrongful death, and Wentling damages were awarded. The $6,723,021.00 award is believed to be the largest reported compensatory damages award in a wrongful death case tried in Kansas, the largest reported negligent entrustment award in Kansas, and the largest reported “alter-ego” damages award in the state of Kansas.
T.J. Preuss, with the legal briefing assistance of Adam Davis, reached a $3,587,500 settlement on behalf of the family of a detainee of a County Department of Corrections. The main defendants in the case were the County and its private correctional healthcare provider. The case involved allegations of excessive force and deliberate indifference to the medical needs of the detainee. The detainee, a 35 year old man, entered the County jail physically healthy but with a diagnosis of bipolar disorder that was confirmed by a local mental health facility hours prior to his arrest. We claimed that he did not receive the psychiatric or medical care that he required, and officers used force on him as a result of his mental condition as opposed to initiating medical care. On his eighth day of detention, he was urgently released to a state mental hospital. The mental hospital was unable to treat his physical deterioration, and he was emergently rushed to a trauma center where he died approximately 24 hours later. The decedent left a wife and two young children.
A Bakersfield, Calif. jury returned a verdict awarding plaintiff Coleen M. Perry a total of $5.7 Million for damages as a result of a TVT-Abbrevo pelvic mesh sling device, manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.
According to court documents, the TVT-Abbrevo mid-urethral sling device, used to treat urinary incontinence had degraded and eroded in Perry’s body, leaving her with pain, painful intercourse and scar tissue even after the device was removed. Also according to court documents, Perry claimed that the device was defectively designed and that Ethicon had failed to properly warn of the dangers and made misrepresentations about the device.
The trial team for the plaintiff included Tom Cartmell, Rich Freese and Tim Goss of Freese & Goss and Pedro “Peter” de la Cerda of Edwards & de la Cerda, both in Dallas.
Read the entire press release: Client Wins $5.7 Million in TVT-Abbrevo Verdict against Johnson & Johnson in California State Court
Working with several law firms nationwide, Ty Hudson and other Wagstaff & Cartmell attorneys played a pivotal role in securing a $590 million combined class action settlement, contingent on federal court approval, of antitrust claims against seven private equity firms, including Bain Capital, Blackstone Group, Carlyle Group, Goldman Sachs, K.K.R., Silver Lake, and TPG.
The plaintiffs – former shareholders of companies acquired by the private equity firms – argued that the defendants illegally colluded to lower prices of certain corporate acquisitions.
Ty was one of several attorneys who presented oral arguments for plaintiffs during two days of summary judgment hearings in Boston in the U.S. District of Massachusetts, which produced favorable rulings for the plaintiffs and led to the settlement negotiations.
Being prepared for the courtroom, even if the case never gets there, is just one of the reasons why Wagstaff & Cartmell excels and gets results.
Jonathan Kieffer and Brandon Henry successfully defended a family practice physician in a five-day jury trial in Douglas County, Kansas, in which the plaintiff asserted a claim of medical negligence and sought $3.3 million in damages.
The plaintiff claimed that our client was negligent by failing to appropriately work up and diagnose appendicitis during a visit to an urgent care clinic. The plaintiff was diagnosed with appendicitis by another healthcare provider during a subsequent urgent care visit that occurred four days later. The plaintiff claimed that because of the delayed diagnosis, his appendix ruptured, which necessitated the performance of an open appendectomy procedure (rather than a laparoscopic appendectomy), and that he experienced wound breakdown and a hernia at the incision site as a result, which required further surgical intervention. Furthermore, the plaintiff claimed that the hernia repair surgery left him with an entrapped ilioinguinal nerve, which caused life-limiting pain and discomfort and prevented him from working, being active, and enjoying time with his family.
Wagstaff & Cartmell attorneys successfully argued that the plaintiff’s presentation on the date of our client’s involvement was atypical for appendicitis and that the plaintiff had a retrocecal appendix, which is uncommon and which made the diagnosis of appendicitis more difficult. Also, we argued that the plaintiff’s appendix likely ruptured before his visit with our client; thus, the ultimate outcome likely still would have occurred even if the diagnosis of appendicitis had been made at the time of our client’s involvement.
Jonathan Kieffer and Brandon Henry successfully defended a local orthopedic surgeon in a six-day Johnson County, Kansas, jury trial in which the plaintiff asserted a claim of medical negligence and sought $2.8 million in damages relating to permanent paralysis in his lower extremities.
The plaintiff claimed that our client failed to timely diagnose and evacuate an epidural hematoma that developed five days after our client performed a lumbar laminectomy (decompressive spine surgery). The plaintiff also asserted that our client negligently ordered anti-coagulant medications that allegedly increased the size of the post-operative hematoma so that it compressed upon the plaintiff’s spinal cord.
Our trial attorneys argued that there was inadequate support, both clinically and radiographically, for the diagnosis of a compressive epidural hematoma and that the standard of care did not require our client to return the plaintiff to the operating room for surgery. We further argued that the decision was made even more difficult because this patient had experienced an episode of TIA (mini-stroke) and been diagnosed with a DVT (blood clot) in his lower extremity earlier during the post-operative period, which caused the risks of surgery to substantially outweigh the potential benefits.
Wagstaff & Cartmell represented a class of indirect purchasers, mostly farmers and agribusinesses. Our trial attorneys obtained a class action settlement, approved by the U.S. District Court for the Northern District of Illinois, in the total amount of $20.25 million from the major North American and foreign producers of potash fertilizer.
The case alleged that the producers illegally colluded to raise the price of potash above competitive levels.
Wagstaff & Cartmell, on behalf of a class of Northwest Missouri landowners, reached a $10 million class action settlement with an engineering firm. The case involved allegations that Prime Tanning, a St. Joseph tannery, distributed tannery sludge containing hexavalent chromium produced from its tanning operations to landowners to use as fertilizer in four Missouri counties from 1983 through 2009. The defendant engineering firm provided consulting services to the tannery during some of that time period.
Numerous attorneys and staff from Wagstaff & Cartmell contributed to achieving this result for our clients, including Brian Madden, Tom Cartmell, Diane Watkins, Joan Toomey and others, a testament to not only our lawyers’ talents and experience, but also our ability to collaborate internally and externally to achieve the best outcomes for our clients.
Wagstaff & Cartmell’s client, FreeStream Capital LLC, a wind advisory and consultancy services company with offices in Houston and in London, was granted summary judgment in an action brought by a bankruptcy trustee in the U.S. District Court for the District of Kansas seeking $13 million under state law and bankruptcy code claims.
The court also granted FreeStream’s motion to distribute its portion of a nearly $9 million judgment obtained in Pennsylvania federal court, which was being held in the District of Kansas bankruptcy court registry. The trustee sought to stay distribution of the funds and to expedite an appeal to the Tenth Circuit. The court denied the trustee’s motion and declined to stay the distribution. These rulings end more than three years of litigation for FreeStream, which arose from the development and sale of wind energy projects to a subsidiary of energy giant Edison International.
Practices and Product Liability Litigation (N.D. Ca.)