March, 2016. Sandland v. PeaceHealth – Jeff Burnham and Katy Bozzo obtained a directed verdict during a medical malpractice trial in Whatcom County Superior Court. The plaintiff lacerated his wrist in a roofing repair accident and presented to the emergency room at PeaceHealth St. Joseph Medical Center. While there, the plaintiff was examined by a vascular surgeon, who repaired plaintiff’s completely severed radial artery and instructed him get follow-up care in his hometown of Wenatchee. After some delay, the plaintiff finally sought follow-up care and found he suffered damage to his medial nerve and tendons. The Plaintiff claimed the vascular surgeon initially failed to properly examine and diagnose a median nerve laceration and tendon laceration and deprived him of a better outcome. The Court initially dismissed the vascular surgeon Dr. James Lohse prior to trial, and then directed judgment in favor of PeaceHealth.
McKenney v. Kovanda, et. al. – John Graffe and Michelle Taft obtained a defense verdict after a four-week trial involving a wrongful life claim brought on behalf of a child who suffered physical and cognitive defects as the result of in utero exposure to an antiepileptic drug prescribed to control her mother’s epilepsy. The plaintiff claimed that the defendants should have better informed her mother of the risks of the antiepileptic drug or, in the alternative, prescribed a different antiepileptic drug to her mother, who was allergic to all other antiepileptic drugs available at the time. The jury returned a unanimous defense verdict, finding that the defendants met the standard of care in prescribing the drug and that they properly informed the plaintiff’s mother of the risks of taking the antiepileptic drug during pregnancy.
Donna Moniz and Karin Mitchell defended a licensed midwife accused of causing a brachial plexus injury in a newborn. The child was represented by Ron Perey and Sim Osborn; he had a significant nerve impairment. The jury found in favor of the midwife at the end of a two week trial agreeing that natural forces of labor caused the problem.
JGKM&W attorneys prevail in Federal Case, Gough v. PeaceHealth. Jeffrey Burnham and Miranda Aye successfully defended PeaceHealth in a case involving deaf plaintiffs, alleging discrimination for failure to provide a timely interpreter for health care services. The jury unanimously found that there was no violation by the hospital, and the organization worked tirelessly with other means of communication until an interpreter arrived.
Phil DeMaine and Katie Bozzo obtained a defense verdict last year for a group of nurse midwives, accused of failing to document a patient’s request for no male examiners/physicians. The jury unanimously found no negligence on the part of the nurse midwives and returned a defense verdict.
Miranda Aye and Rando Wick garnered a unanimous defense verdict last fall in a case alleging improper medical care. The plaintiff claimed that her gynecological surgeon should have immediately returned her to the operating room, following a post-operative bleed. While conservative treatment was applied and it stopped the bleeding, the plaintiff suffered kidney problems and a blood transfusion reaction. The jury found the surgeon was not negligent.
Preventive Law and Trends in Medical Malpractice Litigation were the topic of Grand Rounds presentations by Rando Wick at Swedish Medical Center and Evergreen Hospital Medical Center.
Rando Wick was elected as a Fellow of the International Society of Barristers, becoming only the 20th attorney from Washington State to receive this honor.