Case Results

Medical Malpractice Defense

Hospital Defense

Obtained summary judgment for hospital in a birth injury case in which Plaintiff alleged that labor and delivery nurses were negligent in failing to notify physicians or intervene in the presence of prolonged fetal heart rate decelerations, fetal tachycardia, and elevated maternal heart rate. Infant hypoxic encephalopathy resulted in cerebral palsy, quadriplegia, and eventual death of the child five years later.

Obtained summary judgment for hospital less than two weeks before trial in a stroke case involving allegations that the treating neurologist was the hospital's ostensible agent following motions in limine in which Court excluded evidence of hospital's advertising.

Obtained summary judgment for hospital in a case involving allegations of failure to diagnose and treat compartment syndrome where Plaintiff alleged that, following discharge, patient presented to another hospital and was immediately sent to surgery.

Obtained agreed dismissal of hospital in a case involving allegations that the emergency room physician failed to diagnose bacterial sepsis in 26-year-old patient who was two weeks postpartum with first child. Patient was not admitted to hospital and died within twenty four hours of presentation to emergency room. Plaintiff alleged that emergency room physician was ostensible agent of hospital, but voluntarily dismissed claims against the hospital without any payment on its behalf.

Secured settlement for hospital in case involving allegations that employed physical therapist ruptured patient's biceps tendon during contraindicated therapeutic manipulation following rotator cuff surgery, leaving Plaintiff permanently disabled. Favorable settlement reached after obtaining damaging surveillance of Plaintiff.

Secured voluntary dismissal of insurance company claim against hospital client on fire loss subrogation claim. Plaintiff alleged that hospital employee caused fire to its leased premises; however, exculpatory clause in lease agreement barred recovery.

Secured ethical disqualification of plaintiffs’ counsel on behalf of hospital client in case alleging missed cancer diagnosis.

Defense verdict in Missouri for hospital on retrial of tortious interference case. Plaintiff physician alleged interference by hospital, and won $3 million verdict in original trial. TMS was hired for retrial, and obtained defense verdict.

Defense verdict in birth injury case. Plaintiff alleged that failure to timely intervene following a precipitous delivery resulted in severe cerebral palsy. A jury in Jefferson County returned a defense verdict.

Defense verdict in maternal brain damage case. A young mother suffered severe hypoxic catastrophic brain damage following delivery of her child. TMS presented a causation defense, contending that the injury resulted from acute Respiratory Distress Syndrome, and a Laurel County jury found for the hospital.

Hospital defense verdict in EMTALA case. TMS obtained a defense verdict for a hospital client in federal court in Louisville where plaintiff alleged improper transfer of a patient to a nursing home in violation of EMTALA. TMS initially obtained summary judgment, but the case was appealed to U.S. Supreme Court for clarification of applicable legal standards, and was then tried on remand

Defense verdict for psychiatric hospital in suicide case. TMS successfully defended a psychiatric hospital in Jefferson County in a case involving alleged negligence resulting in suicide.

Hospital defense verdict in radiology wrongful death case. Plaintiff alleged that failure to communicate radiology results in a patient led to delay in diagnosis and treatment of lung cancer, resulting in death. A Jefferson County jury found in favor of the hospital.

Summary judgment in surgery case. This case was filed in federal court in Frankfort, and alleged negligent surgery. TMS obtained a summary judgment based upon the statute of limitations.

Defense verdict in surgery case. Plaintiff sued a hospital in Franklin County, alleging that the hospital was liable for complications arising out of a gastroplasty procedure. TMS obtained a defense verdict.

Defense verdict in dialysis case. This wrongful death case in Boyle County involved alleged failure to detect a dislodged dialysis catheter, resulting in exsanguination. TMS obtained a defense verdict in favor of the dialysis facility.

Hospital defense verdict in surgical burn case. TMS successfully defended a hospital in Scott County in a case involving burns sustained in the operating room.

Summary judgment in multiple hospital infection cases. TMS represented a Louisville hospital in approximately 100 cases alleging negligent transmission of MRSA infections. TMS obtained summary judgment in four cases, resulting in voluntarily dismissal of all of the remaining cases.

Defense verdict in aortic dissection case. Plaintiff filed a wrongful death action in Jefferson County, alleging that a hospital, ER physicians, and residents failed to timely diagnoses and treat an aortic dissection. TMS represented the hospital, and the jury returned a defense verdict. The verdict was affirmed on appeal, in the Court of Appeals of Kentucky ruled that the residents were not actual agents of the hospital.

Physician Defense

Obtained unanimous defense verdict on behalf of local family physician in wrongful death case tried in Nelson Circuit Court. Plaintiff alleged negligent treatment of infectious process, resulting in nursing home death.

Defense verdict in New Hampshire in placental abruption case. TMS successfully defended an obstetrician in New Hampshire state court in a case involving fetal death secondary to placental abruption.

Defense verdict in ER appendicitis case. A Laurel County plaintiff alleged that an emergency medicine physician failed to diagnose appendicitis. The jury returned a defense verdict.

Defense verdict in ER pulmonary embolus case. An emergency physician was sued in Fayette County for alleged failure to diagnosis pulmonary embolus, resulting in death. TMS obtained a defense verdict.

Summary judgment in wrongful death case. The case involved a wrongful death claim in Pulaski County involving alleged failure to diagnose a ruptured appendix. TMS obtained a summary judgment for the internal medicine physician based upon concessions made during the deposition of plaintiff's expert.

Defense verdict in vasectomy case. TMS obtained a defense verdict in Jefferson County on behalf of a family practice physician. Plaintiff claimed that a vasectomy had been negligently performed.

Directed verdict in compartment syndrome case. This case was filed in Pulaski County, where plaintiff alleged that failure to timely treat compartment syndrome left a teenage athlete with permanent injuries. TMS obtained a defense verdict, which was upheld on appeal.

Nursing Home Defense

Jury verdict in pressure ulcer case. This case was in federal court in Paducah, and plaintiff claimed that the nursing home negligently caused a pressure ulcer and other complications. TMS obtained a defense verdict.

Nursing home summary judgment. TMS successfully obtained summary judgment in Jefferson County on the grounds that plaintiff's expert was not qualified to render medical causation opinions.

Nursing home summary judgment. TMS obtained summary judgment in Jefferson County, dismissing plaintiff's claims against a nursing home for breach of contract, fraudulent misrepresentation, and negligent misrepresentation.