Posts Tagged ‘2019’
Robert L. McKenna III, Michael R. Pittman, and Andrew J. Wiseman obtain a defense award in a $15 million hypoplastic left heart syndrome case on liability in a bifurcated arbitration
Mr. McKenna and his team obtained a defense award for several pediatric cardiologists and a pediatric anesthesiologist. The case was a very complex medical malpractice action involving care and treatment for a minor claimant with the congenital heart condition hypoplastic left heart syndrome (HLSS). Claimant alleged that the physicians failed to timely diagnose and treat…
Read MoreRobert L. McKenna III, Michael R. Pittman, and Andrew J. Wiseman obtain a complete defense verdict on liability in O’Rourke v. Ali with exposure of $30 million
In O’Rourke v. Ali, et al., Mr. McKenna and his team represented a hospitalist and there was also an emergency medicine physician who was a named defendant through trial. Plaintiffs were represented by Robert Vaage and Elizabeth Teixeira of the Law Offices of Robert Vaage. On January 13, 2012, then 53-year-old male plaintiff woke up…
Read MoreKMS Partner Alexandra Baraff “Knocks Out” case brought by Heavyweight Boxing Champion.
The plaintiff filed a medical negligence claim against client, urgent care facility alleging they breached the standard of care by failing to diagnose a right ankle fracture. The treating nurse practitioner noted the pain started nearly two months prior to seeking treatment and the plaintiff continued to train despite the swelling and pain. Upon examination,…
Read MoreJim Kjar and Hanna Dunn win case involving traumatic brain injury.
Plaintiff was a patient in a large Southern California hospital. She claimed that while she was unattended by her nurses in a hallway waiting for her medication that she fell, lost consciousness and suffered a traumatic brain injury. Plaintiff relied on MRI studies and multiple experts who testified that she suffered a structural injury to…
Read MoreJim Kjar and Jon Schwalbach defense case involving intraoperative bleeding and cardiac arrest.
During a laparascopic choleycystectomy, the surgeon injured the liver, causing significant bleeding. The patient suffered an intraoperative cardiac arrest and had to be resuscitated by aortic compression and 3 cardioversions. She required an extended hospitalization and claimed significant permanent injuries. The defense argued that injury to adjacent organs and bleeding are known complications of the…
Read MorePatrick Stockalper, Esq. obtains 12-0 defense verdict on liability on behalf of Los Angeles County + USC Medical Center
In Rosales v. Los Angeles County USC Medical Center, et. al., Mr. Stockalper represented an attending orthopedic surgeon as well as Los Angeles County + USC Medical Center which was tried in downtown Los Angeles. Plaintiff, then a 10 year old boy, was involved in an automobile accident on December 17, 2014 wherein he sustained…
Read MoreJim Kjar and Katie Lafferty defense case involving perforation during ERCP procedure
The plaintiff experienced a perforation of his bile duct during an ERCP procedure to remove a stone in the Common Duct. It resulted in massive sepsis and a 4 month hospitalization. Total recovery time was almost one year. He made substantial claims for past and future lost earnings in addition to permanent debilitating injuries. A…
Read MoreKMS Partner Jason Petersen Eliminates Intentional Claims on Demurrer
Partner Jason Petersen presented a demurrer to Plaintiff’s causes of action for elder abuse and fraud against a Defendant hospice and home health care provider for alleged withholding of care in a residential care facility and fraudulent misrepresentation about the services that were provided. The demurrer argued that Plaintiff was unable to establish a custodial…
Read MoreKMS Partner Jon Schwalbach Successfully Defends Dismissal in Court of Appeal
Jon Schwalbach drafted and argued the winning appellate brief in a wrongful foreclosure action against a property receiver. The firm’s client was a property manager who was appointed receiver by the court to oversee the foreclosure of four properties before they were sold. After the sales, Plaintiff sued the bank and the receiver for a…
Read MoreKMS 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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