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…

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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…

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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…

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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…

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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…

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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…

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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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