Results
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…
Read MoreEsther 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…
Read MoreDefense 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.
Read MoreRyan Deane and Alexandra Baraff secure verdict in favor of Nurse Practitioner in Antelope Valley
In a two-week trial before Judge Brian C. Yep, Deane and Baraff successfully defended Emergency Medicine nurse practitioner against Plaintiff alleging permanent injury to her left hand in a slip and fall/hand laceration injury sustained on the job. Plaintiff, a Medi-Cal recipient, alleged that delay in being treated by a hand specialist caused further damage…
Read MoreJury gives Jason Petersen and Jim Kjar defense verdict in Elder Abuse/Wrongful death trial
The case involved treatment given to an elderly patient. Plaintiff claimed that her mother was under the care of defendant for treatment of her heart and respiratory problems. The case contained claims for Elder Abuse, Wrongful Death/Medical Negligence and requested attorney fees and punitive damages against the health care provider, a national company. After a…
Read MoreJim Kjar and Hannah Dunn get defense award in another case involving bowel perforation
The patient underwent a removal of her gallbladder performed by a general surgeon. Five days post operatively she was admitted with a diagnosis of sepsis. A subsequent surgery found perforations of both her large and small intestines. She was hospitalized for several months and required multiple further surgeries and a permanent colostomy. She claimed damages…
Read MoreJon Schwalbach and Jim Kjar defense wrongful suspension case
A dermatologist practicing in a large Southern California medical group had his privileges revoked for failing to practice in a safe and reasonable matter. He appealed to a Superior Court Judicial Review Committee who overturned the findings of the medical group and found that the group’s actions were not reasonable. A lawsuit by the doctor…
Read MoreRobert 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…
Read MoreRobert 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…
Read MoreJudge 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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