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.

The family of a patient brought an elder abuse and neglect lawsuit following the elopement of the patient from the hospital’s emergency room. The patient was of advanced age and had clear evidence of dementia and documented Alzheimer’s disease and was considered by the hospital itself to be a high elopement risk. She was worked…

Jim Kjar successfully defends attorney at trial

In this legal malpractice trial the plaintiff lost a lawsuit against his former attorneys and was forced to pay a large six-figure amount in attorney fees and other damages. He retained the defendant lawyer to prosecute his claims and, after losing that suit, claimed the lawyer was negligent in prosecuting the case, which resulted in…

Defense verdict obtained by Robert McKenna for Pediatric Neurosurgeon following hemiparesis in child as a consequence of a misplaced shunt

A young girl was rendered hemiplegic as a consequence of a misplaced shunt that missed the ventricle and was placed directly into the brain. The plaintiff’s life care plan was in excess of ten million dollars (present cash value), and a decision was made to allow a policy limit demand to lapse given the strong…

Jim Kjar wins jury trial alleging racial and gender discrimination

Plaintiff, a black female, alleged a long pattern of discrimination and failure to promote by her former employer, a public entity (city). The defendant lawyer represented her in her administrative hearing, which she lost. It was admitted at trial that the lawyer failed to timely file a civil lawsuit to preserve plaintiff’s personal claim for…

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…

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…

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…

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…

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…

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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