July 2006 - Dallas County - defended an OB/GYN who sent a post partum patient (who had recently delivered twins by C-section) to the emergency room to be evaluated for headaches and vaginal bleeding. A third year OB/GYN resident evaluated the Plaintiff in the emergency room at the request of the attending OB/GYN. The resident reported her findings of possible preeclampsia or endometritis to the attending, at which point the decision was made to admit the Plaintiff to the hospital for observation of her condition and blood pressures. At the emergency room, following the evaluation of the resident, there were significant changes in the Plaintiff's condition which were not reported to the attending OB/GYN or the resident. Approximately three hours later, the Plaintiff became neurologically compromised as a result of the manifestation of an intracerebral hemorrhage. This stroke caused permanent neurological and physical impairments. It was disputed as to whether the stroke was caused by elevated blood pressures in the ER or was an evolving stroke that started prior to the arrival to the ER but took several hours to manifest itself. The Plaintiff and her minor children sought over $12 million from the Defendants. The hospital, two ER nurses, two ER physicians, and the resident were also named as Defendants. DEFENSE VERDICT for the OB/GYN.
June, 2006 - Federal District Court - Little Rock Arkansas. Defended corporation from allegations of racial discrimination and retaliation. Plaintiffs claim approximately $500,000 in damages. The lawsuit was complicated by the fact that the Plaintiff had a couple of friends who were previous employees of the corporation who also had filed EEOC complaints and testified on Plaintiff's behalf. The jury, however, saw thru all Plaintiff's arguments and reached a unanimous verdict for the Defendant. Defense verdict.
June, 2006 - Denton County - Defended a family practitioner based upon allegations that he failed to timely diagnose a ruptured appendix in an adult male. Defense verdict.
May, 2006 - Federal District Court - Houston. Successfully defended a nationally-recognized freight company in a personal injury lawsuit which was filed by a contract driver for injuries he sustained while moving boxes at the Defendant's terminal. Plaintiff alleged that he was injured while moving 3 boxes that weighed in excess of 100 pounds each which were improperly loaded on a shelf in the rear of his delivery van. Plaintiff claimed that Defendant was negligent for failing to place the boxes on the floor of the van as was required by the company's procedures and for failing to provide assistance in moving the boxes in question. Defendant denied that the boxes were improperly loaded or that Plaintiff requested assistance in moving the boxes from the Defendant's supervisor. As a result of the incident, Plaintiff sustained 3 herniated discs in his lumbar spine and underwent 2 separate spinal fusion surgeries. Plaintiff's past medical expenses exceeded $400,000.00 and Plaintiff claimed that he was totally disabled. The jury returned a unanimous verdict in favor of the Defendant. In addition, the jury found that the Plaintiff was negligent and was solely responsible for the incident in question and his resulting injuries.
May, 2006 - Dallas County - Defended a treating cardiologist, with regard to a claim made by Plaintiff who suffered a heart attack in 1989. The treating cardiologist followed Plaintiff for years with the exception of a brief period of time in 2001. Plaintiff underwent stress tests in 1999 and 2002 that the treating cardiologist read as essentially showing no changes. About 7 months after the last stress test, Plaintiff suffered sudden cardiac death from an arrhythmia while fighting a fire. Plaintiff's argued that the stress tests in 1999 and 2002 revealed ischemic changes in the heart and a reducing ejection fraction in the heart. On autopsy, Plaintiff's heart had three coronary vessels that were 85% or more occluded, and Plaintiff's expert argued that these occlusions would have been discovered and treated with coronary artery bypass grafting. The defense of this case centered around the fact that Plaintiff's prior heart attack made him at risk of sudden cardiac death. The jury rendered a unanimous defense verdict in less than one hour.
April 2006 - Dallas County - Defended a cardiothoracic surgeon in a claim involving woman who lost portions of both feet. Plaintiff had undergone complicated five-vessel coronary artery bypass graft repair, left ventricular aneurysm repair, and mitral valve replacement, all successfully performed by Defendant. Plaintiff claimed that she subsequently developed heparin induced thrombocytopenia (HIT) which resulted in thromboses to her lower extremities and that Doctor was negligent in failing to diagnose HIT and consult a hematologist to treat it. Defendant argued that Plaintiff did not have HIT and had atheroembolic disease/cholesterol embolization syndrome which caused the loss of her feet. Plaintiffs sought over $2.5 million in damages. Trial resulted in finding of no negligence by cardiothoracic surgeon. Defense verdict.
March, 2006 - Dallas County - Defended a pediatric pulmonologist, the only non-settling defendant to the lawsuit prior to trial, who allegedly failed to properly manage a 16-year old's post-hysterectomy
abdominal pain, which pain the minor and Plaintiff parents claimed was due to failure to diagnose an obstructed ureter (a known risk of a hysterectomy) that eventually led to the removal of the minor's kidney approximately 30 days following the hysterectomy. The pediatric pulmonologist had no role in either the minor's hysterectomy that caused the obstructed ureter and/or the diagnosis and ultimate removal of the minor's kidney. Defense verdict.
March, 2006 - Johnson County - Defended an internal medicine physician who allegedly mis-diagnosed and mis-managed the care of an elderly patient with Parkinson's disease who ultimately expired (in another Texas city 30 days after her last office visit to the defendant physician while being managed by another physician) due to aspiration pneumonia. Defense verdict.
January 2006 - Dallas County - Defended a cardiologist in a claim involving man who died during an angioplasty and stent placement procedure. Plaintiff had previously undergone quadruple bypass surgery and claimed that Doctor was negligent in recommending angioplasty rather than a repeat bypass surgery when Plaintiff presented with graft failure and unstable angina six-weeks postoperatively. Plaintiff sought over $6 million in damages. Trial resulted in finding of no negligence by cardiologist and interventional cardiologist. Defense verdict.
September, 2005 - Dallas County - In October 2003 Plaintiff came to see Defendant for cataract surgery. The surgery was done on 10/13/03. During the procedure, retained lens fragments fell into the vitreous. Plaintiff started complaining of a loss of vision to Defendant on 10/21 & 10/24. On 10/31, Defendant discovered a detached retina. The retina was re-attached by a subsequent physician on 2/3/03. Plaintiff alleged Defendant was negligent for not discovering the detached retina on 10/21 or 10/24. Plaintiff has permanent double vision. Defense Verdict.
September, 2005 - Rockwall County - Defended an Orthopedic Surgeon who performed two shoulder surgeries on a patient with a worker's comp injury. Plaintiff alleged failure to diagnose an acromial stress fracture during the first surgery and that the second surgery was inadequate. Claimed damages included past and future physical pain and impairment, mental anguish and loss of earning capacity. Defense Verdict.
October, 2005 -- Wichita County -- Defended a Cardiologist in a claim involving the failure to diagnose a congenital heart defect in an oral surgeon. Plaintiffs alleged that the failure to diagnose the condition caused the cardiac protection scheme in an aortic valve replacement surgery to fail, resulting in the death of the heart and ultimately requiring a heart transplant. Plaintiffs sought in excess of $7 million. Two week trial resulted in a finding of no negligence by the cardiologist or by the cardiothoracic surgeon after just about one hour of jury deliberation. Defense Verdict.
August, 2005 -- Dallas County -- Defended a General Surgeon in a claim involving surgery for a reoccurring enterocele. Plaintiff alleged that the Doctor's performance of a colon resection was contraindicated under the circumstances and that the physician failed to provide appropriate antibiotic and nutritional management when the patient returned days later with an obvious leak and infection at the anastamosis site. Defense Verdict.
August, 2005 - Dallas County -- Defended a Pediatric Emergency Room Physician in the alleged wrongful death of a 2 year old male. Plaintiff presented to ER with elevated temperature and symptoms of meningitis. Alleged that physician was negligent in performing a lumbar puncture. Six to eight hours after the completion of the lumbar puncture, the child suffered a brain herniation and death allegedly caused by the lumbar puncture. Defense Verdict.
August 2005--Dallas County--Defended a radiologist involving misinterpretations of intraoperative radiographic studies which resulted in a wrong level cervical fusion of a patient who eventually required a subsequent procedure and still complains of pain as a result of the wrong level surgery. Plaintiff alleged the radiologist breached the standard of care by incorrectly counting and labeling the cervical vertebrae on intraoperative plain x-rays and a fluoroscopy. The radiologist and surgeon performed several radiological studies, discussed their observations and compared the studies to her prior films prior to commencing surgery. Defense Verdict.
August, 2005 - Gregg County (Longview) - Defended a hospital in a case involving brain damage to an adult following respiratory arrest. Plaintiff was admitted to the hospital following emergency surgery to repair a broken arm following a fall. Plaintiff alleged that the hospital nurse failed to properly assess and monitor the patient upon discharge from the PACU. Four hours after discharge to the floor, the Plaintiff went into respiratory arrest allegedly due to use of Morphine for pain control. Defense Verdict.
May, 2005 - Dallas County - Defended a Vascular Surgeon in a wrongful death case in which the deceased suffered a fatal hemorrhage of the carotid artery 6 hours after being discharged from a 5-day hospital stay for an infection of the carotid artery and pseudoaneurysm treated by replacing an existing synthetic patch with a patch of saphenous vein. Defense Verdict.
May, 2005 - Dallas County - Defended two Nephrologists in a wrongful death case alleging more timely diagnosis of brain bleed in the hospital could have resulted in a different outcome for the decedent. Plaintiffs sought 11-12 million dollars at trial. Two week trial resulted with findings of no negligence for the nephrologists. Defense Verdict.
May, 2005 - Dallas County - Defended an Orthopedic Surgeon in a case wherein the Plaintiff alleged after surgery on her wrist she had trouble moving her fingers and over time developed atrophy and weakness in her hand. Plaintiff contended that our doctor injured the ulnar nerve during the procedure. Our position was that we did not injure the nerve and it simply got caught in scar tissue during the normal healing and the scar tissue was compressing on the nerve. Defense Verdict.
March, 2005 - Dallas County - Defended a General Surgeon in a case involving an alleged failure to (a) drain, in a sterile environment, a seroma that developed following hernia repair surgery and (b) properly perform the hernia repair surgery (use of overlay mesh that later became infected and required removal). Following removal of the mesh, the patient developed an MRSA infection and required eight additional surgeries. Defense Verdict.
February 2005 - Denton County - Represented a city councilmen for Highland Village, Texas regarding a defamation lawsuit. A citizen of Highland Village was spreading rumors about the Councilmen. Specifically, the citizen verbally and in writing published to other individuals that the councilmen was using drugs, having affairs and making bribes in connection with a proposed road (FM 2499) that was going to be constructed through part of Highland Village. It was proved during trial that these statements were false and the Jury awarded the councilmen $727,000.00 in actual and punitive damages.
February 2005 - Palo Pinto County - Represented OB/GYN in shoulder dystocia case in which nurse used fundal pressure to deliver baby without doctor's order after approximately 4-5 minutes of textbook shoulder dystocia maneuvers. Infant sustained permanent brachial plexus injury. No negligence was found on the doctor or nurse, as jury did not find that fundal pressure proximately caused injury. Defense verdict.
January 2005 - Dallas County - Defense verdict for an OB/GYN who was alleged to have been negligent because plaintiff sustained burns when a surgical drape caught fire and allegations that removal of plaintiff's right fallopian tube was unnecessary during the c-section. The hospital, who had been a named defendant, settled shortly before trial. Defense verdict.
November 2004 - Dallas County- Successfully defended pediatric orthopedic surgeon in a medical malpractice case arising from the death of a child in the post-operative period following surgery to correct spinal scoliosis. Defense verdict.
October 2004 - Successfully defended a trucking company in a Houston District Court who's employee was alleged to have committed negligence in the unloading of freight which allegedly caused an injury. Defense verdict.
October 2004 - Grayson County - Premises liability case in which employee of subcontractor alleged that general contractor was negligent for failing to keep worksite safe in which employee claimed to have received electrical shock resulting in brain dysfunction, cognitive difficulties, strokes, and depression. Defense verdict.
September 2004 - Ellis County - Dental malpractice case involving a general dentist who was alleged to have been negligent in the preparation for and placement of porcelain crowns allegedly causing periodontal problems and mobility on multiple teeth. Defense Verdict.
July 2004 - Dallas County - Successfully defended interstate trucking company at jury trial against allegations of disability discrimination pursuant to the American with Disabilities Act in Little Rock, Arkansas federal district court. Defense Verdict.
July 2004 - Dallas County - Defended Periodontist in a case involving plaintiff's allegations that the defendant failed to properly diagnose, treat and/or timely refer plaintiff to other dentists and/or specialists for treatment of her chronic periodontal condition and occlusal trauma. Defense Verdict.
April 2004 - Hunt County - Defended a family practitioner in a case wherein Plaintiff alleged failure to timely reduce a dislocated fractured hip which Plaintiff contended led to the development of avascular necrosis necessitating a total hip replacement. Defense Verdict.
April, 2004 - Tarrant County - Defended an orthopedic surgeon in a back surgery case where patient suffered positional nerve injury to right arm, and ultimately Complex Regional Pain Syndrome causing 24 hour a day pain. Defense Verdict.
April, 2004 - Dallas County - Defended Radiologist in case involving alleged failure to diagnose breast cancer on mammogram and/or perform biopsy and that such failure resulted in untreated metastatic spread. Defense Verdict.
March 2004 - Dallas County - Defended triple board certified doctor who treated patients at a nursing home who was alleged to have negligently caused a patient's death by failure to monitor insulin levels and other necessary medications. Defense Verdict.
March, 2004 - Dallas County - Employment discrimination case in which Plaintiff claimed that he did not receive a promotion due to his race and that his employment was terminated by the company in retaliation for him filing a charge of discrimination with the EEOC. His suit was for 1) discrimination and 2) retaliation. Defense Verdict on both.
February, 2004 - Gregg County - Defended an optometrist in a case involving loss of an eye after Acanthamoeba Keratitis infection developed in a contact lens wearer. Plaintiff claimed employees of optometrist did not adequately warn her against the use of tap water versus contact lens solution to clean/sterilize contact lenses. Defense Verdict.
October, 2003 - Washington County - Defended trucking company who was alleged to have discriminated against an employee based on disability. Defense Verdict.
July, 2003 - Wichita Falls, Texas - Defended an orthopedic surgeon in a case involving a Lisfranc fracture of the foot in which Plaintiff claimed that the orthopedic surgeon did not aggressively treat the fracture. Defense Verdict.
June, 2003 - Longview, Texas - Defended trucking company in case involving automobile/truck accident resulting in death of 19 year old driver of automobile. While the truck was attempting a left turn, the automobile struck the rear of the truck, which was partially in the automobile driver's lane. Defense alleged accident caused by inattention of automobile driver. Defense Verdict.
May, 2003 - U.S. District Court Eastern District of Texas - Defended trucking company in case involving automobile accident with plaintiff alleging neck and back injuries after accident. Defense Verdict.
April, 2003 - Defended orthopedic surgeon in case involving rehabilitation treatment to a patient after an on the job back injury, with allegation that the patient received a new injury while undergoing the rehabilitation therapy. Defense Verdict.
April, 2003 - Tarrant County - Defended a neurosurgeon in a wrongful death claim based on allegations that the neurosurgeon failed to timely diagnosis and treat cord compression caused by osteomyelitis of the spine and epidural abscess. Plaintiff asked jury for 4.5 million. Defense Verdict.
February, 2003 - Dallas County - Defended General Surgeon in case involving an alleged failure to diagnose a seroma following repair of hernia surgery. Multiple surgeries followed after surgery performed by doctor we represented. Seroma size increased from 1/2 peach to the size of 2 footballs. Defense Verdict.
January, 2003 - Dallas County - Defended an anesthesiologist in a wrongful death claim based on allegations that anesthesiologist prematurely removed an endotrachial tube following surgery. Following extubation the patient was unable to maintain adequate oxygen and in the course of reintubation attempts went into cardiac arrest and died. Defense Verdict.
December, 2002 - Wichita Falls - Defended an Obstetrician in a claim involving the birth of an infant who developed shoulder dystocia. Defense Verdict.
November, 2002 - Tarrant County - Defended Physician in a case involving a patient who developed complications following vertical banded gastroplasty. Defense Verdict.
October, 2002 - Tarrant County - Defended a Physician in a case involving allegations of the physician's failure to diagnose congenital heart disease, inappropriate follow-up for neo-nate heart murmur and improper delegation of tasks to a nurse practitioner. The case also involved allegations of failing to perform appropriate tests or refer to follow-up due to monetary restraints by HMO. Defense Verdict.
July 2002 - Collin County - Represented internal medicine physician involving allegations of improper care and treatment of blood sugar levels. Plaintiffs alleged that the internal medicine physician failed to adequately control the patient's blood sugars, leading to a stillbirth. Defense Verdict.
July 2002 - Dallas County - Represented general contractor in a lawsuit brought by subcontractor and an owner. Subcontractor and owner alleged that the general contractor breached a contract in connection with a construction project. Specifically, general contractor was asserting that subcontractor anticipatory breached its agreement and sought recovery of attorney's fees. Subcontractor and owner did not recover damages against general contractor. Also recovered attorney's fees against subcontractor.
February, 2002 - Dallas county - Defended an orthopedic surgeon against allegations of malpractice involving hip replacement surgery. Defense Verdict.
February, 2002 - Ellis County - Defended a general surgeon in a wrongful death claim involving allegations that the general surgeon failed to timely recognize and treat signs and symptoms of a perforated bowel following a laparoscopic cholestectomy. The patient's bowel was perforated during her laparoscopic procedure, but was undetected for 48 hours. Following surgery to repair the perforation the patient deteriorated after transfer to a larger metropolitan hospital. Hung jury in favor of doctor - case dismissed.
January 2002 - Dallas County - Food poisoning case against fast-food restaurant in which restaurant employee accidentally filled salt shaker with degreaser chemical. Claim was against restaurant only for negligent and grossly negligent training of employee. Defense Verdict.
January 2002 - Dallas County - Represented a plastic surgeon involved in a medical negligence claim. Plaintiff alleged that the physician was negligent in performing a cosmetic procedure. Defense Verdict.
October 2001 - Tarrant County - Representation of an orthopedic surgeon regarding allegations involving back surgery using pedicle screw hardware. Plaintiff's alleged surgery was contraindicated and that the surgeon was negligent when following surgery, it was discovered that the wrong bolt was used to secure a pedicle screw during the spinal fusion procedure. Defense Verdict.
September 2002 - Tarrant County-Nonsubscriber case against a trucking company arising out of an on-the-job injury sustained by an employee moving freight on the dock. Defense Verdict.
August 2002 - Dallas County - Motor vehicle/pedestrian accident claim against company in which third party was 100% at fault for standing in middle of road. Defense Verdict.
November, 2001 - Dallas County - Defended an orthopedic surgeon involving allegations stemming from complications following a wrist surgery. Defense Verdict.
October 2001 - Dallas County-Wrongful death claim against a family practice physician based on allegations that the physician failed to timely diagnose his patient with congestive heart failure. Defendant family practice physician dismissed and nonsuited with prejudice with no payment at the time of voir dire.
May 2001 - Dallas County - Defended a plastic surgeon against allegations relating to breast augmentation and correction of a cosmetic nose problem. Plaintiffs alleged excessive scarring from both procedures. Defense Verdict.
April 2001 - Dallas County - Motor vehicle accident claim against company involving multiple vehicles, soft-tissue injuries of plaintiff, and sudden emergency defense. Defense Verdict.
April 2001 - Dallas County - Representation of a general surgeon involving allegations for failing to timely diagnose and treat appendicitis. Patient was admitted to the hospital for observation and discharged only to later determine that she was suffering from appendicitis. Upon surgical exploration, the appendix had burst resulting in numerous follow-up surgeries and hospitalizations. Defense Verdict.
October 2000 - Gregg County - Personal injury claim against a trucking company arising out of an incident wherein the Plaintiff was struck by a tire that was being unloaded out of the back end of the trailer at a customer's location by the truck driver. Defendant trucking company nonsuited and dismissed with prejudice with no payment in the second day of trial.
August, 2000 - Hunt County - Defended an otolaryngologist in a case involving an I&D procedure of a cyst in which a stimulator wire embedded under cyst was accidentally cut. Defense Verdict.
August 2000 - Tarrant County - Represented an orthopedic surgeon involving allegations that the physician was negligent in performing a total knee replacement procedure. Defense Verdict.
July 2000 - Tarrant County-Sexual exploitation and medical negligence claim against a pulmonologist based on allegations that the pulmonologist engaged in inappropriate activity with a patient while also performing mental health services. Defense Verdict.
June, 2000 - Dallas County - Representation of an employer in an ERISA claim made by a former employee alleging wrongful denial of benefits following an on-the-job injury. Defense Verdict.
March 2000 - Parker County - Medical malpractice claim against family doctor for improper drainage of a cyst. Defense Verdict.
March 2000 - Dallas County-Personal injury claim against a trucking company arising out of a motor vehicle accident wherein the Plaintiff's vehicle ran into the side of the trailer as the truck driver performed a right-hand turn into a place of business. Defense Verdict.
February, 2000 - Dallas County - Representation of a pulmonologist in a wrongful death claim for failing to properly oversee the medical care of an elderly patient and failing to restrain a patient with multiple health concerns, including pneumonia. During hospitalization, the patient fell, fracturing her hip and ultimately passed away a short time later. Defense Verdict.
November, 1999 - Dallas County - Defended a vascular surgeon in a wrongful death claim based on allegations that the physician provided improper antibiotic therapy and follow-up following a fem-pop arterial bypass and carotid endarterectomy. The patient subsequently developed suspected antibiotic-induced toxicity and died. Defense Verdict.
October, 1999 - Dallas County - Represented an anesthesiologist in a wrongful death claim involving allegations of improper monitoring and follow-up in a bilateral knee replacement surgery. Defense Verdict.
March 1999 - Tarrant County-Medical negligence claim against family practitioner/pain management specialist based on the fact the physician punctured a lung while performing trigger point injections on the patient. Defense Verdict.
Specific results obtained depend on the facts of each case.
