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.

Patient v. OBGYN Practitioner

Ryan Deane represented a OBGYN practitioner in a medical malpractice case involving transection of illiohypogastric nerve during performance of a cesarean section delivery. The patient underwent subsequent surgical repair of the transected nerve, however, the patient continued with severe and debilitating pain and was ultimately diagnosed with complex regional pain syndrome. The patient continued to…

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Judge Renders Defense Verdict in Favor of Jon Schwalbach and Jim Kjar

Plaintiff underwent a thymectomy procedure for Myasthenia Gravis. Following the surgery he developed a bilateral recurrent laryngeal nerve injury which left him without a functioning voice. Plaintiff’s expert, Chief of Thoracic Surgery at Rutgers University testified that the surgeon went too far laterally in his dissection and injured the nerves. The defense contended that the…

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Robert McKenna Defenses a Wrongful Death Case in Riverside County

The decedent presented to a local emergency room with a month long history of spontaneous bleeding from the mouth and nose secondary to extensive over coagulation. The initial work up of the patient revealed an INR in excess of 10 and the patient was discharged home having been given oral vitamin K and being told…

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Robert McKenna Successfully Defends Three Sub-Specialists in a Week Long Arbitration

Claimant presented with a two month history unrelenting jaw pain following a tooth extraction. He was seen by several physicians who missed what was ultimately diagnosed as an infectious process in the jaw that required several surgeries and lifelong injury. The dentist who extracted the tooth settled prior to arbitration and a defense award was…

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Jon Schwalbach and Hanna Dunn win case claiming negligent bowel perforation

The case involved a patient who underwent a laparascopic repair of a ventral hernia and suffered a perforation of her colon. She was in the ICU for 3 months and claimed permanent injuries including anoxic brain damage. Testimony from numerous specialties was involved including general surgery and pathology/histology.The defense successfully argued that the perforation was…

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Robert McKenna wins jury trial in a record setting twenty minutes of jury deliberation.

Plaintiff suffered complete paralysis following an epidural procedure. This was followed by weeks of hospitalizations and rehabilitation that left her unable to walk independently, drive or otherwise take care of activities of daily living. This potential multi-million dollar case resulted in the swiftest defense verdict in Mr. McKenna’s career. Following closing arguments, the jury deliberated…

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Defense award rendered in favor of Jim Kjar, Jon Schwalbach and Hanna Dunn in Bariatric Surgery case.

The plaintiff underwent a gastric sleeve procedure performed by a bariatric surgery team at the defendant facility. After the surgery she developed numerous complications including a stricture, GERD and required extensive interventional and medical treatment. After a three week arbitration proceeding a defense award was made by the arbitrator.

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Esther Kim and Robert Mckenna Prevail in a Bench Trial on the Statute of Limitations

After agreeing to bifurcate the case, the judge presided over a two day bench trial to determine if the case was filed within the applicable statute of limitations. Despite denying the same motion brought by way of motion for summary judgment, the court found that the defendants met their burden on proving their affirmative defense…

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KMS Partners Chip Cressey and Rick Wirick Prevail on Summary Judgment

After being convicted in state court of burglary and receiving an 8 year sentence, Plaintiff sued the State of California for false imprisonment. After the state’s motion for nonsuit was granted at the close of Plaintiff’s case in chief, Plaintiff sued his civil rights attorney arguing that the attorney had negligently failed to file a…

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KMS Partner Brian Selogie Scores Back-to-Back Wins on Summary Judgment

KMS Partner Brian Selogie recently prevailed on two motions for summary judgment, successfully demonstrating in each case that plaintiffs could not carry their burden of demonstrating any genuine issue of material fact. In the first case, Selogie defended a psychiatrist in an acute care psychiatric facility who had been accused of negligence in relation to…

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