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.

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 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…

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Jim 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…

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Jury gives Jon Schwalbach and Jim Kjar defense verdict in case alleging negligent ERCP procedure.

Plaintiff underwent an emergency ERCP procedure and stent placement by defendant interventional gastroenterologist at a local hospital. Plaintiff claimed that at the time of her discharge and thereafter the physician did not give her adequate followup instructions regarding removal of the stent he placed and in fact refused to remove it because she did not…

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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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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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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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