THE RESULTS

The reputation of a law firm is built entirely on the respect and experience it is able to offer clients who need assistance with their professional liability defense issues. The senior trial lawyers at Kjar, McKenna & Stockalper have been practicing in the industry for over 25 years and have dealt with nearly every kind of defense issue there is. With the support of our young, innovative legal team, KMS has won victory after victory for our clients ranging from trial and arbitration victories, dispositive motions and dismissals. These are examples out of a small sample set of our cases. Please keep in mind that every case is fact specific and different, and that these outcomes do not represent what we may be able to obtain for you in your specific case.

Jim Kjar gets Donald Sterling’s $2B lawsuit dismissed in federal court

In one of the largest potential damages claims in California medical malpractice history, Donald Sterling sued physicians who performed his evaluation in connection with his removal as owner of the Los Angeles Clippers. Jim Kjar filed a dispositive motion to dismiss the claim in its entirety, which was granted by the federal court judge. The…

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Patrick Stockalper successfully defends defendant in one of the largest potential wrongful life exposure cases in U.S. history

The parents of a child born with a rare genetic disease called Fabry’s disease sued an in vitro fertilization (IVF) specialist and his employer to recover the medical expenses associated with the treatment of this disease. They contended that they agreed to the IVF treatment on the condition that only embryos without Fabry’s disease would…

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Robert McKenna obtains defense verdict in 28 million dollar paralysis case brought by high school student athlete

A seventeen-year-old boy was paralyzed from the neck down as a consequence of a posterior spinal decompression with fusion. Sitting first chair, Mr. McKenna led the defense with three other lawyers representing the co-defendant physicians and entities to a unanimous jury verdict in favor of all healthcare providers. Despite multi-million dollar exposure beyond the physician’s…

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Jim Kjar wins arbitration in multi-million dollar brain injury case

Claimant underwent gastric bypass surgery at defendant facility. He had an extensive history of hypertension and was on multiple medications to manage it. Postoperatively, the defendant physicians lowered the dosages of his antihypertensives. The patient developed a major stroke resulting in significant cognitive impairment. Claimant was represented by Marshall Silberberg, Esq., a noted plaintiff medical…

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Robert McKenna’s Motion for Non-Suit granted at the start of trial in 40 million dollar LOE case brought by plaintiff physician against defendant physician for malpractice

During a protracted litigation brought by one physician against another for medical malpractice, the defense was able to successfully bring a non-suit against the plaintiff, based largely on pre-trial discovery rulings which prevented the admission of evidence by the plaintiff at the time of trial. During the discovery phase of the case, the defendant had…

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Robert McKenna successfully defends surgeon in an hypoxic injury / brain damage case brought by Dr. Bruce Fagel

Very few practicing lawyers have ever tried a case against Bruce Fagel, even fewer have obtained a defense verdict against his client. According to his website and other independent sources, Dr. Fagel has tried and settled more medical malpractice cases than any other attorney in California. When The National Law Journal selected “The 10 Top…

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Patrick Stockalper successfully defends general surgeon for operating on a patient to remove a gallbladder even though the gallbladder had previously been removed

The plaintiff underwent gallbladder surgery many years before her planned gallbladder surgery with the defendant. The plaintiff presented to the defendant with signs and symptoms of an infected gallbladder. Accordingly, she underwent surgery to remove her gallbladder. Upon entering the abdomen, it was apparent that no gallbladder was present and the surgery was aborted. Plaintiff…

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Patrick Stockalper successfully defends ophthalmologist against medical negligence and battery allegations with respect to permanent vision loss

The plaintiff underwent LASIK surgery for decreasing vision. He claimed that he never consented to undergo the procedure in order to achieve monovision (one eye for near and one eye for far). Because he claimed that he did not consent to undergo any procedure with the desired effect of monovision, the defendant engaged in both…

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Jim Kjar defends legal malpractice case in jury trial

Plaintiff was a former professional football player who was in the NFL for 10 years. He retained the defendant law firm to file a workers’ compensation claim for his work-related injuries, including any neurological conditions he may develop. It was admitted at trial that although the law firm obtained compensation for his orthopedic injuries, it…

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Arbitration award obtained by Robert McKenna for psychiatrist who did not insititute an involuntary hold on a patient that left the hospital and committed suicide an hour later

A patient who came into the ER expressing questionable suicidal ideation was released after an evaluation by the on call psychiatrist. He then went home and shot himself in the head. Although significant settlement authority was obtained and offered to opposing counsel, no settlement was reached and the case went to arbitration. Following the presentation…

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