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.
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…
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 MoreJon 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…
Read MoreRobert 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…
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 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 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 MorePatrick Stockalper obtains defense verdict in steroid-induced glaucoma case
Plaintiff underwent surgery by the defendant to remove a pterygium in his right eye. He alleged that he was prescribed steroids by the defendant for post-operative pain and inflammation after the surgery by the defendant although the defendant failed to properly check his eye pressure in the post-operative period. Steroids are known to cause an…
Read MoreJury 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…
Read MorePatient 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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