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Verdicts & Appeals

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Murdick v. local gastroenterologist

Louis W. Voelker, III

Kevin T. McNamara

Claim:

Plaintiff alleged malpractice by local gastroenterologist resulting in the death of her husband, a 40 year old healthy male.

Outcome:

Defense Verdict in St. Joseph County, Indiana

El-Shikh v. Physician

James L. Hough

Claim:

Plaintiff sought damages for the alleged wrongful death

Outcome:

Defense Verdict

El-Shikh v. Anonymous Hospital

Stephen A. Tyler

Claim:

Lead trial counsel for defendant-Hospital and its pharmacy in wrongful death action by family of an elderly female patient who was admitted to hospital with atrial fibrillation and congestive heart failure. The patient received overlapping doses of the anticoagulants, Pradaxa and Lovenox, as stroke prophylaxis with the plan to discontinue Lovenox once Pradaxa was at therapeutic levels; however, after two days of therapy the patient developed an abdominal bleed that could not be stopped and she died. The medical review panel returned an unfavorable opinion. The allegations against the Hospital included negligent failure by the nurses to discover the bleed sooner, negligent failure of the nurses to notify the physician of the bleed in a timely manner, pharmacy negligence in permitting the use of both anticoagulants simultaneously, and negligent failure of the pharmacy to warn the defendant-physician about the risk of a significant bleed in using the medications together. After six days of testimony, the jury returned a verdict for the defendant-Hospital and defendant-physician in less than two hours.

Outcome:

Verdict for defendants.

Dickerson v. General Surgeon

Gregory A. Crisman

Mallory Reider Inselberg

Claim:

Whether surgeon failed to meet standard of care in performing lymph node excision surgery in posterior cervical triangle, and whether such alleged negligence caused spinal accessory nerve palsy and permanent injury to trapezius and right shoulder and upper arm function in a 26 year old male patient. The case was tried before a jury for four days before the Honorable Matthew C. Kincaid in the Boone Superior Court.

Outcome:

Defense verdict.

Hargett v. Dermatologist

Gregory A. Crisman

Claim:

Whether dermatologist failed to timely diagnose melanoma in a 48 year old male patient, and whether any alleged breach of the standard of care caused the death of this patient from complications of metastatic melanoma at the age of 52. The case was tried for two weeks before the Honorable Heather Welch in Marion Superior Court.

Outcome:

Defense verdict.

Robertson v. Anonymous Clinic, et al.

David C. Jensen

Louis W. Voelker, III

David J. Beach

Claim:

Appeal from the grant of defense motion to dismiss, confirming applicability of the Indiana Medical Malpractice Act to the plaintiffs’ claims relating use of preservative-free methylprednisolone acetate from New England Compounding Company.

Outcome:

Motion to dismiss affirmed on appeal.

Horn v. Interventional Cardiologist

Slyssa Stamatakos

Carly A. Brandenburg

Claim:

Plaintiff appealed following a defense verdict before a Porter County jury, and the Court of Appeals Affirmed

Outcome:

Defense Verdict Affirmed on Appeal

Perez v. Anonymous Hospital

Stephen A. Tyler

Claim:

Lead trial counsel for defendant-Hospital in medical malpractice action by parents of a child who suffered a permanent brachial plexus injury during an allegedly traumatic birth. The child’s parents did not speak English, presenting significant challenges for cross-examination. Plaintiffs alleged that the Hospital’s nurses negligently failed to recognize the occurrence of a shoulder dystocia, negligently failed to notify the defendant-physician in a timely manner that the shoulder was stuck, and negligently failed to take appropriate measures to relieve the stuck shoulder and safely deliver the baby. The case involved the presentation to the jury of complex concepts of obstetrics, pediatric neurology, and labor and delivery nursing. Defendant-Hospital obtained a directed verdict at conclusion of plaintiffs’ evidence following five days of testimony.

Outcome:

The defendant-physician initially obtained a favorable jury verdict that was reversed on appeal, and on retrial of the case the jury returned a verdict for plaintiffs on their claim for lack of informed consent.

Dahlin v. Physician

Louis W. Voelker, III

Kevin T. McNamara

Claim:

The patient, a 65 year old woman, was admitted to the hospital for treatment of a burn to the foot with cellulitis. She had a history of congestive heart failure and coronary artery disease with previous myocardial infarction. Plaintiff alleged that she was given overly aggressive rehydration leading to pulmonary edema which precipitated a non-ST elevation myocardial infarction. The patient had rising BUN and Creatinine indicative of pre-renal azotemia, which was the basis for the doctor’s fluid management and suspension of Lasix. The patient’s condition did not suggest pulmonary edema prior to the MI.

Outcome:

Defense verdict in LaPorte County, Indiana in favor of an internal medicine specialist from Valparaiso, Indiana. The jury returned a defense verdict after 45 minutes of deliberation.

Myers v. Graham, et al

Robert J. Feldt

Claim:

Eichhorn & Eichhorn, LLP’s client was an Indiana attorney who was sued by the plaintiff along with several other defendants via a variety of legal theories. The attorney supposedly was liable for alleged legal malpractice in handling a criminal appeal. The trial court granted summary judgment to Eichhorn & Eichhorn’s client on the basis that the statute of limitations had run. The plaintiff was aware of the outcome and had threatened such an action more than two years before he filed his lawsuit. The Court of Appeals affirmed the trial court’s entry of summary judgment for Eichhorn & Eichhorn’s client. The Court of Appeals rejected the plaintiff’s claim that he could not be said to have “discovered” the alleged legal malpractice until he supposedly fully understood the specific alleged error which he claimed on the part of the attorney. The court also specifically rejected the plaintiff’s theory that his legal malpractice claim did not accrue until his criminal conviction was vacated.

Outcome:

Court of Appeals affirmed the entry of summary judgment for Eichhorn & Eichhorn's client. Plaintiff filed a petition to transfer to the Indiana Supreme Court. On July 14, 2016, the Supreme Court denied transfer.

Vega v. City of Hammond, et al

Kevin T. McNamara

Robert J. Feldt

Claim:

Vega is a landlord who operates a two unit rental building in Hammond which was permitted and zoned only as a single family dwelling. The building also was unsafe for lack of proper fire separation. After an inspection and hearings took place, City of Hammond and its Board of Public Works and Safety entered an order to remove the second unit and repair/demolish for these reasons. Vega sought judicial review of this enforcement order from the Lake Superior Court. In a bench trial, Eichhorn & Eichhorn, LLP obtained judgment on the evidence for City of Hammond and its Board of Public Works and Safety.

Outcome:

Judgment on the evidence for Defendants.

Horn v. Defendant Interventional Cardiologist

Slyssa Stamatakos

Carly A. Brandenburg

Claim:

Whether the physician breached the standard of care when performing an angiogram, which allegedly caused the patient injuries.

Outcome:

Jury trial resulting in defense verdict.

Frick v. Surgeon

David J. Beach

Claim:

Plaintiff, a cardiologist, underwent laparoscopic Roux-en-Y gastric bypass surgery and experienced a stroke post-operatively.

Outcome:

Defense verdict.

McHugh, et al v. Kottke Associates, et al

Robert J. Feldt

Claim:

Eichhorn & Eichhorn, LLP’s client was an Ohio lawyer handling a securities matter in Illinois as the plaintiffs’ attorney.

Outcome:

The Cook County chancery judge dismissed the case for perceived pretrial submission violations, but was later reversed on appeal for abusing her discretion. On remand, following the client’s dismissal by the plaintiffs, the chancery defendant renewed its request for sanctions. The chancery judge entered only one sanction; she awarded $63,205.00 in attorney’s fees to the chancery defendants for their original alleged trial preparation. Eichhorn & Eichhorn, LLP prevailed in a second appeal and the entire sanction award against the Ohio attorney was vacated.

Stalker v. Urologist

Gregory A. Crisman

Mallory Reider Inselberg

Claim:

Whether delay in diagnosis and treatment of scrotal condition lead to development of Fournier's gangrene and loss of scrotal tissue.

Outcome:

Defense verdict.

Siner v. Kindred Hospital

Michael Roth

Claim:

Siner v. Kindred Hospital, 33 N.E.3rd 377 (Ind.Ct.App, 2015)

Outcome:

Petition for Transfer pending.

Miller v. Defendant Surgeon and Gastroenterologist

Carly A. Brandenburg

David J. Beach

Claim:

Whether the two defendants, a surgeon and gastroenterologist, breached the standard of medical care when treating the patient associated with the removal of her gallbladder and post-operative care.

Outcome:

Jury trial resulting in a defense verdict for both of the defendant physicians.

Davenport v. Defendant Pulmonary/Critical Care Physician and Defendant Medical Consultants

Michael Roth

Claim:

Alleged failure to diagnose and treat myocardial ischemia patient in preoperative medical clearance prior to the patient undergoing left knee arthroscopy.

Outcome:

Defense verdict. Pretrial demand, fund access.

Estate of Phillip Bourff v. Defendant Family Practitioner

David J. Beach

Claim:

Plaintiff alleged that defendant physician failed to diagnose small cell lung cancer, which decreased the patient’s chance for survival.

Outcome:

Defense verdict.

Hook v. Anonymous Hospital

Stephen A. Tyler

Claim:

Lead trial counsel for defendant-Hospital in medical malpractice and premises liability action brought by an elderly aquatic therapy patient who slipped in water and fell on the deck of the therapy pool and fractured her hip. The patient alleged that water on the pool deck was an unreasonably dangerous condition and that the Hospital negligently failed to warn her about the fall hazard, failed to have devices like handrails and non-skid strips on the pool deck, and failed to adequately assist her. The Hospital argued that the patient had incurred the risk of injury when she declined assistance from the Hospital, that she was aware of the hazard and failed to exercise reasonable care for her own safety, that she had no pre-existing physical deficit or limitation that predisposed her to fall, that appropriate warnings were posted about the wet pool deck, and that the pool deck was reasonably safe for its intended use. After four days of testimony, the jury returned a verdict for plaintiff in the amount of $70,000 but attributed 50% contributory fault to plaintiff for a net verdict of $35,000.

Outcome:

Verdict for plaintiff in the amount of $70,000 but attributed 50% contributory fault to plaintiff for a net verdict of $35,000

Harris v. Anonymous Hospital

Stephen A. Tyler

Claim:

Lead trial counsel for defendant-Hospital in medical malpractice and premises liability action brought by a therapy patient who was recovering from surgery to remove a malignant tumor from her hip. The patient fell at the hospital’s outpatient rehabilitation clinic and sustained a displaced comminuted fracture of the femur. Plaintiff alleged that her therapists were negligent in permitting her to walk unassisted on the therapy track, and that she tripped on a rubber weather mat located on the floor near the track that rendered the premises unreasonably dangerous for her. The Hospital argued that the patient was walking on the track alone contrary to the instructions of her therapists, and that she did not trip on the mat but had her debilitated hip give out while she was inappropriately walking on the track without assistance. After three days of testimony, the jury returned a verdict for the defendant-Hospital.

Outcome:

Verdict for the defendant hospital.

Spaulding v. Family Practice Physician

David J. Beach

Claim:

Jury trial of plaintiff with penicillin allergy experienced anaphylactic shock when given penicillin derivative.

Outcome:

Defense verdict.

Rubalcada v. Defendant Cosmetic and Plastic Surgeon

Michael Roth

Claim:

Alleged negligent performance of a rhinoplasty surgery.

Outcome:

Defense verdict. Pretrial demand fund access.

AT&T v. Excavator and Locate Service Provider

Carly A. Brandenburg

Kirk D. Bagrowski

Claim:

AT&T sought damages from an Illinois excavator associated with damages to its buried utility facilities. The excavator sought third party contribution from our client, AT&T's contract locate provider.

Outcome:

The trial court granted the locating company's motion to dismiss the excavator's third party contribution claim. Upon appeal, the trial court's decision stood.

Plaintiff Physician v. Defendant Hospital

James L. Hough

Claim:

Alleged negligent failure to detect a developing infection in a premature infant, leading to his death.

Outcome:

Defense Verdict.

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