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W&C Places 13 On Best Of Bar, Superlawyers, Rising Stars

Wagstaff & Cartmell was pleased that thirteen of its lawyers — representing over half of the firm — were honored in 2009 by being named to peer-selected lists of top lawyers in the area. These are listings for which lawyers do not and cannot pay for inclusion. Seven lawyers made the Kansas City Business Journal's "Best of the Bar" list for 2009: Tom W. Wagstaff, Tom Cartmell, Marc Erickson, Tom L. Wagstaff, Brian Madden, Jeff Kuntz, and John O'Connor. The 2009 Missouri & Kansas Super Lawyers also has seven of the Firm's lawyers on its list: Tom W. Wagstaff, Tom Cartmell, Marc Erickson, Jon Kieffer, Brian Madden, Tom Rottinghaus, and John O'Connor. And finally, the 2009 Missouri and Kansas Rising Stars included six of the Firm's lawyers: Tom L. Wagstaff, Eric Barton, Jeff Kuntz, T.J. Preuss, Brandon Henry, and Chris Schnieders.

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New Partners and Associate Welcomed

Wagstaff & Cartmell is pleased to announce that two attorneys, Thomas J. (T.J.) Preuss and Tom Rottinghaus, have been made partners in the firm. In addition, the Firm also welcomes a new associate, Adam S. Davis.

T.J. Preuss started at Wagstaff & Cartmell in March of 2000, working in the file room while in college. He spent time here as a summer clerk in law school, and he started as a practicing attorney here in 2003 after graduating from law school. The Firm is both pleased and proud that T.J. accepted the Firm’s invitation to become a partner, but, honestly, given his history of exemplary service here, we were not surprised. T.J. is rapidly making a name for himself locally, regionally, and nationally. T.J. concentrates his practice in the fields of medical malpractice, personal injury, wrongful death and product liability litigation, including pharmaceutical and medical device litigation.  He has successfully tried cases to juries for both plaintiff and defense clients, and he has taken depositions in the Netherlands, among many other places.  His notable achievements also include his participation in the Bextra/Celebrex litigation, leading to a multi-million dollar settlement on behalf of clients of Wagstaff & Cartmell as well as plaintiffs around the nation. The Firm is pleased to welcome T.J. as a partner.

Tom Rottinghaus is a new addition to Wagstaff & Cartmell, but he was not a stranger. Tom spent over 10 years practicing at Shughart, Thomson & Kilroy (now Polsinelli Shughart), where he was made a partner. Our lawyers knew Tom well and worked closely alongside him on numerous cases and admired his skill, zealous advocacy, and professionalism. We were thrilled when Tom accepted our invitation to join Wagstaff & Cartmell as a partner. Tom focuses his trial practice on professional liability, personal injury, and commercial litigation. He has tried cases in Missouri and Kansas state courts, and he routinely handles cases in the federal courts of Missouri and Kansas. He was named by Missouri Lawyers Weekly as one of Missouri's "Up and Coming Lawyers" in 2008, and he has received numerous other accolades from his peers. He has an "AV" Peer Review Rating by Martindale-Hubbell, which he obtained during his first year of eligibility. The Firm is pleased to welcome Tom as a partner.

Adam Davis joined the Firm in a permanent capacity as an associate in January 2010. He actually started work here in the Fall of 2009 in what was initially planned as a temporary stint after his anticipated Fall start date with a larger firm was deferred until January, for economic reasons. Wagstaff & Cartmell was pleased that Adam ultimately decided to join us as an associate to begin his career in private practice. Having just completed a judicial clerkship with Judge Deanell Tacha on the Tenth Circuit, U.S. Court of Appeals, Adam adds immediate talent, experience, and depth to the firm in the areas of appellate work and the research, analysis, and drafting of complex legal issues. In his short time here, he has already drafted briefs submitted to the Missouri Supreme Court, Kansas Supreme Court, and Missouri Court of Appeals, and he has worked on several, complex briefs in matters pending in federal courts as well as in arbitration. The Firm is pleased to welcome Adam as an associate.

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Tom W. Wagstaff Serving as Chairman of Saint Luke's Health System

Tom W. Wagstaff currently serves as Chairman of the Board of Directors of the Saint Luke's Health System, which consists of 11 hospitals and several physician practice groups in the Kansas City metropolitan area and surrounding region. Mr. Wagstaff also serves currently as the President of the Board of Directors of the Saint Luke's Hospital of Kansas City.

Wagstaff & Cartmell is proud of its association with Saint Luke's Hospital and The Saint Luke's Health System. The Saint Luke's Health System is a faith-based, not-for-profit aligned health system committed to the highest levels of excellence in providing health care and health related services in a caring environment. In the past three years, Saint Luke's Hospital has made U.S. News and World Report's Best Hospital's list in the areas of Heart, Neurology/Neurosurgery, Gynecology, and Urology. Each year since 2007, the Saint Luke's Health System has won the Most Wired Award by Hospital and Health Networks. In 2007, the Saint Luke's Health System was named one of the Best Places to Work in Kansas City by the Kansas City Business Journal. And in 2003, Saint Luke's Hospital was selected by the Department of Commerce as a recipient of the prestigious Malcolm Baldridge National Quality Award in the category of health care. It was the first business in Kansas City ever to win the award, which was presented by President George W. Bush in a ceremony in Washington, D.C.

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Cartmell Inducted Into International Society of Barristers

Tom Cartmell was recently honored with induction as a Fellow into The International Society of Barristers, an honor society of outstanding trial lawyers chosen by their peers on the basis of excellence and integrity in advocacy. The International Society of Barristers has a limited membership. Fellows are elected by the Society's Board of Governors on nomination by a Fellow and after inquiry directed to other Barristers in the nominee's region and to judges before whom the nominee has tried cases.

Tom is deeply grateful to be invited into this prestiguous organization, whose purpose and ideals so closely match his own. Created in 1965, the Society arose out of a desire to bring together the best of the trial bar in a setting devoid of partisan interests, where the emphasis would be on warm fellowship without regard to their orientations as plaintiffs' or defendants' or insurers' advocates. In such a setting it becomes possible to consider, rationally and in good will, issues of ethics and excellence in advocacy and the role of litigation in society. As individuals, the Fellows of the Society are committed to the highest of ethical standards and to civility in all their personal and professional relationships. The Society seeks to preserve trial by jury, the adversary system, and independence of the judiciary.

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Ruane receives 2009 nomination for Leukemia & Lymphoma Society Woman of the Year Award

The Leukemia & Lymphoma Society nominated Sarah Ruane of Wagstaff & Cartmell as one of 25 local men and women to participate and run for the 2009 Man & Woman of the Year.

"We are proud to have Sarah as a 2009 Woman of the Year nominee. Her passion and dedication to the community is inspiring," said Tom Wagstaff.

"I am honored and excited to be a 2009 Woman of the Year nominee. This is an organization that makes it easy to be passionate about and I look forward to campaigning for a win," Ruane said.

The 2009 Man & Woman of the Year will be crowned based on their success in generating funds for The Leukemia & Lymphoma Society during an eight-week campaign that began on March 10 with a Kick-off Party and will culminate at the Grand Finale Celebration on May 14. The candidates raise money in honor of local blood cancer survivors.

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SPOTLIGHT

Jeff Kuntz Returns from Rhode Island and the First Kugel Jury Trial in the U.S.

Jeff Kuntz recently returned from a multi-week jury trial in Providence, Rhode Island, where he participated in the first jury trial nationally in the In re Kugel Mesh Hernia Patch Products Liability Litigation, MDL No. 1842 (D.R.I.). Significantly, the jury found that the product was defective, which was a positive development for plaintiffs in this litigation. Jeff will continue to be actively involved in this litigation as a member of the Plaintiff's Steering Committee.

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Court names Cartmell to Avandia MDL Leadership

A federal court in Philadelphia, Pennsylvania recently appointed Tom Cartmell to the national Plaintiffs' Steering Committee in the nationwide Avandia litigation, In re: Avandia Marketing, Sales Practices and Products Liability Litigation, MDL No. 1871 (E.D. Pa.). The Honorable Cynthia M. Rufe interviewed Mr. Cartmell in open court regarding his qualifications and subsequently entered an order appointing him to the leadership committee.

As a member of the Plaintiffs' Steering Committee, Mr. Cartmell joins other lawyers in providing leadership and guidance in the management of the coordinated, pretrial proceedings for Avandia cases filed in federal courts throughout the United States. Wagstaff & Cartmell represents a number of individuals and third-party payors with claims asserting damages relating to Avandia. This appointment represents the third time recently that Wagstaff & Cartmell has been appointed to a Plaintiffs' Steering Committee in nationwide drug and medical device litigation.

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W&C Files Lawsuit; Brockovich Returns

Following months of investigation assisted by Erin Brockovich, Wagstaff & Cartmell LLP, along with the Los Angeles firm of Girardi Keese and the Cameron, Missouri firm of Griffin Dietrich Elliott has sued Prime Tanning Corp. and others for negligence and strict liability in connection with the disposal of hazardous waste on Missouri farms near Cameron, Missouri. Prime Tanning Corp. operated a leather tannery in St. Joseph, Missouri and utilized hexavalent chromium, a hazardous waste and known human cancer causing agent, in its processing. Waste product containing hexavalent chromium was generated in the tanning process and converted to sludge which was hauled to farms in northwest Missouri and spread as fertilizer. The lawsuit alleges that the hexavalent chromium in the Prime Tanning Corp. sludge caused brain tumors and lung cancer in two individuals. DOWNLOAD PDF OF THE LAWSUIT

On April 22, 2009, Erin Brockovich returned to Cameron, Missouri for a follow-up informational meeting to report on the results of the investigation and to answer questions from Cameron residents. READ MORE (KANSASCITY.COM)

Related News Articles

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Erin Brockovich Teams With W&C

Erin Brockovich is teaming with W&C lawyers Thomas P. Cartmell, Thomas L. Wagstaff, and Brian Madden in investigating a high incidence of brain tumors in Cameron, Missouri, north of Kansas City. She came to Cameron in October 2008 for an informational meeting at the high school gymnasium. As reported by KMBC-TV, W&C worked with the Los Angeles law firm of Girardi & Keese to help arrange her visit to Cameron, and W&C will continue to work closely with her throughout the investigation. READ MORE

Brockovich is perhaps best known as the subject of the Universal Pictures 2000 movie, Erin Brockovich. Julia Roberts won an Academy Award for Best Actress for her portrayal of Brockovich and her incredible investigation of ground water contamination in Hinckley, California, which ultimately resulted in Pacific Gas & Electric paying a $333 million settlement to over 600 Hinckley residents affected by the contamination. Brockovich continues working to this day and also has strong ties to this area. She was raised in Lawrence, Kansas, graduated from Lawrence High School, and attended Kansas State University.

For more about Ms. Brockovich's visit to Cameron: WATCH VIDEO

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FEATURED CASES

Cartmell, W&C on Trial Teams for Two of the First Jury Trials in Avandia

Tom Cartmell and other lawyers from the Firm will be on the trial team in two of the first cases set for trial in the national products liability litigation concerning Avandia, a diabetes medication sold by GlaxoSmithKline. Cartmell continues to serve as a member of the Plaintiff's Steering Committee in the In re Avandia Marketing, Sales Practices and Product Liability Litigation, MDL No. 1871 (E.D. Pa.).

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$745 Million Pfizer Settlement

Tom Cartmell and other W&C attorneys played a key role in obtaining a $745 million settlement announced on October 17, 2008, between pharmaceutical giant, Pfizer, Inc., and claimants across the United States seeking damages as a result of injuries from taking medications Bextra and Celebrex. W&C represents hundreds of such claimants.

Cartmell was one of 15 lawyers appointed to the national Plaintiff's Steering Committee (PSC) by Judge Charles R. Breyer, of the United States District Court for the Northern District of California, in In re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL No. 1699 (N.D. Cal.). Cartmell took a very active role as a member of the PSC. He argued a key Daubert motion on behalf of the Plaintiffs in the MDL proceeding before Judge Breyer in San Francisco. Cartmell was then one of three lawyers who were lead counsel in the first Bextra case that was set for jury trial in San Francisco in May 2008. Days before trial was to start, after numerous rounds of negotiations, Cartmell and his trial team agreed to settlement terms with Pfizer resolving thousands of pending cases, and which paved the way for the eventual $745 million settlement finalized in October. The preparation and readiness of Cartmell and his team to take the first Bextra case to trial was a key factor leading to the $745 million settlement.

  • Read here about the May 2008 initial settlement on the eve of Cartmell's trial, as reported in the Wall Street Journal's legal blog: READ MORE
  • Read Judge Breyer's order appointing Cartmell a member of the Plaintiff's Steering Committee: READ MORE

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UPDATES

Three Appellate Victories Arrive on Same Day

On November 17, 2009, Wagstaff & Cartmell received an unprecedented abundance of good news for its clients from Missouri appellate courts. In three, separate cases, Wagstaff & Cartmell clients scored victories on appeal, two from the MIssouri Supreme Court, and one from the Missouri Court of Appeals, Western District. These results highlighted not only Wagstaff & Cartmell's ability to achieve success for its clients in the appellate courts as well as trial courts, but they also underscored the Firm's commitment to success in both plaintiff's and defense cases.

First, in the case of Estate of John Novogradac v. Shirshekan et al., the Missouri Supreme Court declined to accept transfer of the case from the Missouri Court of Appeals, which affirmed the Platte County, Missouri jury's verdict awarding over $3 million to our client in a case of nursing home negligence. This ruling by the Missouri Supreme Court marked the end of the appellate process and the end of the case. During the course of the appeal, interest accumulated on the judgment so that the total award is nearly $4 million.

Second, in the case of Sigroi v. Saint Louis University et al., the Missouri Supreme Court issued on opinion affirming and reinstating the Saint Louis City jury's $825,000 verdict in favor of our clients in this medical malpractice case, reversing the ruling by the Missouri Court of Appeals, which had ordered a new trial. With interest that had been accumulating on the judgment during the appeals, the total award payable to our clients exceeded $1 million.

Third, in the case of Beaty v. St. Luke's Hospital of Kansas City et al., the Missouri Court of Appeals affirmed a defense verdict that our firm had obtained on behalf of our clients in a medical malpractice case tried in Jackson County, Missouri. Significantly, the Court of Appeals rejected the plaintiff's argument of an alleged violation of HIPAA privacy rules as a basis to grant a new trial.

Wagstaff & Cartmell is proud both of its record of success in trying cases to juries, and of its similar record of success in preserving those trial victories through effective written and oral advocacy on appeal.

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Record Settlement in Trailer Decoupling Case

Jon Kieffer and Brian Madden achieved a record settlement against Penske Truck Leasing Company and other defendants in a lawsuit arising from a fatal accident near Dallas, Texas that resulted in the deaths of two Texas A&M College Students, Rachel Rollings and Britney Lipsey. Jon and Brian represented Tom and Colleen Rollings, the parents of Rachel Rollings. In August 2006, Rachel Rollings and Britney Lipsey were killed when a Penske "car carrier" trailer decoupled from the rental truck that was towing it, crossed the median of an interstate highway, and collided head-on with the girls' Ford Explorer, causing it to roll over several times.

The plaintiffs sued Penske as well as the manufacturer of the trailer, the driver of the Penske rental truck, and a Harley Davidson dealer who participated with the driver in connecting the trailer to the truck. Discovery in the case revealed that Penske had removed a decoupling prevention device before the accident and that Penske's own mechanics had documented that the brakes on the trailer did not work and had removed the trailer from service until repairs could be made. Unfortunately, those repairs were never made. Evidence revealed that Penske sets strict time requirements for safety inspections and maintenance and its mechanics are evaluated in large part based upon whether they stay under those time requirements.

Evidence also revealed that Penske imposes monetary penalties against rental stores that have equipment which remains on the lot too long without being rented out. The plaintiffs alleged that this and other practices of Penske created a financial incentive to keep unsafe equipment on the road. After extensive discovery and as the case was near trial, Jon and Brian obtained a court order allowing them real-time access to Penske's computer system where documents showed that the trailer was placed back into service with non-functioning brakes in order to fill a reservation. The case settled shortly thereafter against all of the defendants for a total amount exceeding $3 million, which is believed to be more than three times the highest jury verdict on record in the suburban Dallas county where the case was venued.

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$12.1 Million Verdict for Quadriplegic Minor

Jeff Kuntz teamed with Derek H. Potts and Timothy L. Sifers, both of the Potts Law Firm, in obtaining a landmark, $12.1 million jury verdict for their client, a quadriplegic minor, in a medical negligence case in the United States District Court for the District of Kansas. After a seven-day trial and twenty hours of deliberation, the eight-person jury returned a unanimous verdict in favor of the child against her emergency room physician in the case of "Midwest Trust vs. Lisa Gard, M.D." The jury found that the emergency room doctor was negligent in her assessment of the minor upon her presentation to the emergency room of a Kansas hospital.

Potts, Sifers, and Kuntz argued on behalf of their client that a child shown by testing to have emergent blood pressure and complaining of severe posterior neck pain and right arm pain should have been assessed for a neurological condition on the differential diagnosis to rule out neurological problems. The Plaintiff further alleged that the misdiagnosis of strep throat that sent the child back home caused a significant delay in the detection of a hemorrhaging arteriovenous malformation ("AVM") that was putting pressure on the child's spinal cord. By the time the child returned to the hospital, she was suffering from extended paralysis and was sent to Children's Mercy Hospital where she was operated on to remove the AVM. The defendant denied that she was negligent in any way, denied that an earlier transfer would have improved the minor's outcome, and denied the nature and extent of her injuries and damages.

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Seven Wagstaff & Cartmell Attorneys Recognized in 2008 Super Lawyers and Best of the Bar

Thomas W. Wagstaff, Thomas P. Cartmell, Marc Erickson, and John O'Connor were recently named to both Missouri and Kansas Super Lawyers 2008, and to Kansas City Business Journal's "Best of the Bar" listing for 2008. Brian Madden was also named "Best of the Bar" for 2008. Thomas L. Wagstaff and Eric Barton were selected to Missouri and Kansas Rising Stars 2008. All of these lists are created by peer nominations and evaluations. Wagstaff & Cartmell is proud of its reputation and appreciates the respect shown to all of its lawyers by other lawyers in the community.

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Thomas W. Wagstaff Named a "Dean of the Trial Bar"

The Kansas City Metropolitan Bar Association (KCMBA) honored Thomas W. Wagstaff as one of three recipients in 2008 of the prestigious "Deans of the Trial Bar" Award at its annual conference in May 2008. Presented annually, the "Deans of the Trial Bar" Award spotlights individuals whose superb litigation skills and professional demeanor are viewed as exemplary by their peers. The KCMBA commended Wagstaff for his 36 years of civil litigation practice, including the last 11 at this firm that he co-founded in 1997, after leaving then-Blackwell Sanders Matheny Weary & Lombardi. Wagstaff has tried over 100 cases to verdict over the course of his career. He is a Fellow in the American College of Trial Lawyers, he has an AV rating with Martindale-Hubbell, and he is a member of the American Board of Trial Advocates and has frequently participated in ABOTA's Masters in Law Program.

"Tom Wagstaff is a consummate trial lawyer and gentleman," said Greg Bentz, KCMBA President. "He deserves to be recognized for all of his immeasurable efforts and contributions both to the bar and to the Kansas City metropolitan area."

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Thomas L. Wagstaff Presented Thomas J. Conway Award

The Kansas City Metropolitan Bar Association (KCMBA) presented Thomas L. Wagstaff with the Thomas J. Conway Award at its annual conference in May 2007. This award is presented annually to one, younger trial lawyer who exemplifies two traits of the late Tom Conway: (1) outstanding trial skills and (2) the ability to be a fierce advocate and a good friend to opposing counsel at the same time.

Thomas L. Wagstaff is the second Wagstaff & Cartmell lawyer to receive this award from the KCMBA. Thomas P. Cartmell received the Thomas J. Conway Award in 2001.

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Other News

Wagstaff & Cartmell chosen to represent State of Kansas in contract arbitration

Wagstaff & Cartmell is honored to have been selected by the State of Kansas to serve as outside counsel to the State in a contract dispute that has arisen between tobacco companies and all 46 states that agreed in 1998 to a Master Settlement Agreement, under which the tobacco companies make annual payments to Kansas and the other 45 states, subject to certain conditions and potential reductions. The dispute appears headed for commercial arbitration. The firm was selected from among a dozen law firms of varying sizes from around the United States that responded to the State's Request for Proposals in August of 2008.

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