October, 2016. Dahl v. McNeill – Phil deMaine and Katherine Bozzo obtained a unanimous defense verdict following a two-week dental malpractice trial in King County Superior Court. The plaintiff claimed that her dentist, Dr. McNeill, provided unnecessary dental treatment, was not informed of the alternatives to treatment, and that the treatment performed was negligent. The plaintiff claimed the treatment caused nerve injury and exacerbated a preexisting migraine condition. Plaintiff’s claim for failure to obtain informed consent was dismissed on a motion for directed verdict. As to the remaining claim for medical negligence, the jury unanimously found that Dr. McNeill met the standard of care and did not cause any injury to the plaintiff.
July, 2016. Moyer v. PeaceHealth – Miranda Aye obtained a defense verdict following a three-week trial involving a wrongful death claim brought by the family of an elderly man who passed away from complications of a complex cardiac procedure in which stents were placed to open a completely occluded artery. The plaintiffs claimed that the procedure was not indicated and was performed negligently, leading to post-procedure thrombosis of the stents. The jury found that the standard of care was met and the procedure was both indicated and performed properly.
April, 2016. Enebrad v. MultiCare – A. Clarke Johnson and Katherine Bozzo obtained a defense verdict following a 6-day medical malpractice trial in King County Superior Court. The widow of a man who passed away from skin cancer alleged that a MultiCare employed primary care physician failed to detect and diagnose his skin cancer, resulting in a delay in diagnosis. Specifically, the plaintiff alleged that the decedent had an obvious skin ulcer on his left arm that was suspicious for cancer during a primary care visit. The defense presented evidence that the ulcer developed after the primary care visit and that the physician’s treatment met the standard of care. The jury found that the physician met the standard of care and did not cause any injury to the plaintiff.
March, 2016. Sandland v. PeaceHealth – Jeff Burnham and Katherine 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 Katherine 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.