Clay Robinson and Jonathan Weber successfully defended a Certified Nurse Midwife in a suit alleging negligence in management of labor and delivery and delay in proceeding to Cesarean section delivery. Plaintiff claimed the alleged delay resulted in severe hypoxic ischemic brain injury.
The case involved a twenty-three year old woman who received prenatal care from the defendant midwife. The patient was admitted to the hospital for a scheduled elective induction of labor at 39 weeks.
Following placement of an epidural, the defendant CNM was notified by nursing staff that the patient had become hypotensive. Tachysystole and fetal bradycardia were noted on the fetal monitoring strip. Nurse midwife then ordered interventions, including administering Ephedrine and Breathine, and continued monitoring of the patient. She consulted the supervising OB/GYN on call, who directed that they continue to monitor the patient to determine whether the fetal heart rate pattern would improve following the interventions. When the interventions failed to improve the fetal heart tracing and did not resolve the tachysystole, the obstetrician agreed to proceed with an emergency Cesarean section delivery.
Following delivery, the baby was admitted to the NICU and treated for seizures and kidney failure, and later for cerebral palsy with left hemiparesis. He was diagnosed with hypoxic ischemic encephalopathy.
The patient filed suit against the midwife on behalf of her minor son, alleging mental and physical impairments from hypoxic ischemic brain injury caused by negligence in the CNM’s management of the labor and delivery and failure to properly address the tachysystole. The defense countered these claims with expert testimony on pathological and radiographic evidence showing that any injury sustained by the child occurred prior to labor and delivery and presented independent clinical assessment of the child showing possible diagnosis of autism spectrum disorder, a genetic disorder suspected by multiple treating specialists.
Plaintiff sought in excess of $10,000,000.00 in damages for past and future medical expenses, pain and suffering, and impairment of future ability to work.
The case was tried in April and May 2022 in the Lincoln Circuit Court. The jury returned a unanimous verdict in favor of the defendant nurse midwife.
Jonathan Weber successfully defended a urologist in a medical malpractice case arising from a mesh sling surgery. The physician recommended surgical placement of a mid-urethral mesh sling for treatment of the patient’s stress urinary incontinence. The patient opted for the mesh sling surgery and signed a consent form acknowledging, among other risks, possible damage to the urethra/bladder. Following the surgery, the patient was diagnosed with a bladder/urethral injury from a mesh complication. The patient filed suit alleging negligence in the performance of the surgery.
During expert discovery, the plaintiff raised the issue of informed consent. In response, the defense filed a motion for summary judgment on the informed consent claim, arguing both that the signed consent form entitled the physician to a judgment as a matter of law and that the informed consent claim was inadequately pled. The trial court granted summary judgment, concluding the signed consent form, which identified the exact complication experienced, precluded the patient claiming she was not adequately informed. However, the trial court rejected the argument that informed consent was not adequately pled finding that informed consent falls under the rubric of negligence. The patient appealed the summary judgment related to informed consent; the Court of Appeals affirmed.
The Supreme Court granted discretionary review and entertained oral argument on December 9, 2021. The Court affirmed the summary judgment. The Court concluded that there was no evidence the physician’s action in obtaining consent fell outside the accepted standard of medical practice, and the physician employed recognized methods of informing the patient of the procedure, alternatives and substantial risks.
Additionally, the Supreme Court agreed with the defendant physician that the informed consent claim was inadequately pled. The Court reasoned that although Kentucky is a notice pleading jurisdiction, a complaint that only alleges a general claim of medical malpractice, without specific mention of informed consent, fails to give adequate notice to the physician of the essential nature of the claim. The Supreme Court held, in reversing prior precedent, that informed consent claims must be specifically pled. Watson v. Landmark Urology, P.S.C., 2021 Ky. LEXIS 101
Clay Robinson and Jonathan Weber successfully defended a gastroenterologist in a wrongful death lawsuit arising from the alleged failure to diagnose esophageal perforation. Plaintiff alleged that perforation of the esophagus was clinically evident, was not diagnosed and resulted in sepsis and death.
The patient was a 57 year old man. He presented to the emergency department with chest pain following an episode of vomiting and choking on food. Initial workup in the ER appeared to rule out a cardiac cause. EKG was normal as were cardiac enzymes. CT angiogram was negative for pulmonary embolus. He was admitted to the hospital for GI evaluation and management. Due to a prior history of esophageal stricture, he underwent EGD with balloon dilation of a strictured esophagus. Following dilation, the patient’s condition worsened. The next day, a gastrografin swallow revealed an esophageal perforation with contamination of the mediastinum. Re-review of the initial imaging studies performed during his presentation to the ER revealed the presence of free air, which had not previously been appreciated. The free air was likely the result of esophageal perforation at the time of his initial presentation. It was felt that he most likely had perforated his esophagus due to Boerhaave’s Syndrome. Surgery followed to repair the perforation. The patient developed sepsis which worsened and he ultimately died three weeks later of multisystem organ failure.
Plaintiff sought $3,514,060 in damages at trial. The case was tried in Kenton Circuit Court in August 2021. After a two-week trial, the jury returned a 10-2 verdict in favor of the defendant gastroenterologist and a 9-3 verdict in favor of the gastroenterology practice.
Clay Robinson and Courtney Soltis successfully defended an APRN in a lawsuit alleging substandard care at a rehabilitation nursing home related to the prolonged Foley catheterization in a patient with an Artificial Urinary Sphincter (AUS) device. The patient experienced urethral erosion and required multiple surgeries to heal.
The patient, a 78 year old male, was admitted to the hospital and underwent a right tibiotalocalcaneal (TTC) ankle fusion, performed by a podiatrist. Prior to surgery, a catheter was placed. Despite the presence of the AUS device, the catheter remained in place for six days following the surgery. The patient was then transferred to a rehabilitative nursing home facility for physical therapy to allow the surgically reconstructed ankle to heal. Discharge orders for his care, included instructions for the Foley catheter to remain in place until the patient was weightbearing. While at the nursing home facility, he was seen by an APRN who issued orders for his medical care. The Foley catheter remained in place during his four week stay at the nursing home facility. At the time of his discharge, the patient was non-weight bearing and his Foley catheter remained in place. Following his discharge, his urologist discovered that the patient had developed erosion of his urethra. The presence of the Foley catheter combined with the patient’s AUS had led to erosion of his urethra. He required additional surgery to remove his AUS device. He subsequently underwent additional surgery to install a new AUS device.
Plaintiff filed suit against the APRN, alleging that it was the APRN’s duty to independently assess whether an actual need for the Foley catheter existed at the time of his nursing home admission. Given the risk of urethral erosion created by prolonged catheterization in a patient with an AUS, plaintiff argued that the APRN should have evaluated the patient and either removed the catheter or sought a urologic consultation regarding the catheter. The parties agreed that the Foley catheter was contraindicated given the patient’s AUS and further that the catheter had in fact led to the urethral erosion. The defense maintained that the erosion had already occurred during his six day stay at the hospital and prior to transfer to the nursing home. Plaintiff countered that the damage to the urethra likely had occurred during his month long stay at the nursing home facility. Plaintiff sought $880,000 in damages for medical expenses and pain and suffering. The case was tried in November 2021 in Fayette Circuit Court. The jury returned a 10-2 verdict in favor of the defendant APRN on the issue of causation.
Nick Edwards successfully defended a hospitalist in a wrongful death lawsuit arising from the alleged failure to timely diagnose and treat sacral decubitus ulcers. Plaintiff alleged that due to negligence the patient developed pressure ulcers which became infected leading to the overall deterioration of the patient’s health, and ultimately his death.
The patient was a 50-year-old man. He presented to the hospitalist in the emergency department with complaints of headache, chills, weakness, worsening left knee pain, cough, respiratory infection, and seizure activity. The hospitalist performed a physical exam and admitted the patient to the hospital for further care, including multiple therapies and consults.
During the hospitalization, the patient developed skin integrity issues, which were treated by hospital staff. The patient was discharged after a two-week hospital admission. The patient’s skin integrity issues subsequently recurred and became infected. the patient continued to struggle with complicated health issues at several different medical facilities and he ultimately died due to cardiopulmonary failure.
The Estate filed suit and retained a hospitalist expert to support their standard of care and causation allegations. Following the deposition of plaintiff’s experts, the defense moved the Fayette Circuit Court to exclude the expert’s standard of care and causation opinions pursuant to KRE 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993). After hearing arguments, the court found that the expert’s opinions were not based upon sufficient data and facts, and the opinions were excluded.
The defense then successfully moved the Fayette Circuit Court for Summary Judgment. The trial court found that with the exclusion of the Plaintiff’s expert’s opinions they were no longer able to establish a prima facie case of medical negligence against the hospitalist.
An appeal by the Plaintiff followed. On December 17, 2021, the Kentucky Court of Appeals affirmed the lower court’s orders excluding the opinions of Plaintiff’s expert and granting summary judgment for the defense.
Clay Robinson and Jonathan Weber successfully defended a urologist in a wrongful death lawsuit arising from an alleged failure to diagnose testicular cancer. The case involved a thirty-seven-year-old male referred by his primary care physician after ultrasound of a suspicious scrotal mass. The ultrasound was concerning for testicular cancer and he was referred for urologic evaluation. There was factual dispute concerning whether there was clear communication that the ultrasound finding suggested testicular cancer and the extent to which recommendation was made for follow up. Complicating the clinical picture was the fact that the patient had evidence of infection and orchitis.
The patient placed on antibiotics and was scheduled to return in two weeks for further evaluation. He did not return. Approximately one year later, he presented to the emergency department with symptoms of metastatic cancer. He was found to have metastatic disease involving his GI tract and lungs. Radiation and chemotherapy were unsuccessful and he ultimately died due to metastasis from testicular cancer. Lawsuit followed alleging failure to diagnose, treat and follow up on testicular cancer. The case was tried in February of 2020 in the 1stDivision of the Boyle County Circuit Court. The plaintiff sought in excess of $3,264,000 in damages at trial. After a three-week trial, the jury returned a 9-3 verdict in favor of the defendant urologist.
Clay Robinson and Adam Havens successfully defended an APRN in a wrongful death case involving allegations of a misdiagnosed intracranial bleed. Case involved forty nine year old male, married with two sons due to a ruptured intracranial aneurysm. He had been evaluated by ARNP practice approximately 24 hours earlier. He was seen by the APRN on withcomplaints headache and photophobia. He had taken Ibuprofen 200 mg that day with no change in the headache. Blood pressure was elevated. Physical exam showed no acute distress. Impression was of acute intractable headache and hypertension, poorly controlled. He was instructed by to stay hydrated and to use Excedrin or ibuprofen for his headache. Approximately eight hours later, the patient lost consciousness and was brought to the hospital. Imaging studies revealed a ruptured intracranial aneurysm. He was taken to surgery for repair of the ruptured vessel, but died shortly after surgery. This case was tried in May, 2019 in Fayette Circuit Court. Plaintiff sought $3.9 million in damages. After deliberating for less than an hour, the jury returned a 9-3 verdict in favor of the Defendant APRN.
Clay Robinson and Nick Edwards successfully defended an orthopedic surgeon in a lawsuit which alleged negligence in the care and treatment of Plaintiff, resulting in permanent injury to the shoulder. Plaintiff presented to with a left shoulder SLAP lesion of the labrum, resulting from a work related injury. The orthopedic surgeon performed a left shoulder arthroscopy with debridement of the labral tear and repair of the SLAP lesion. Plaintiff claimed that in conjunction with the shoulder surgery, the surgeon post-operatively utilized an implanted pain management system to deliver medication into the Plaintiff’s shoulder joint through an intra-articular catheter, causing glenohumeral chondrolysis (destruction of cartilage in the should joint). The case was tried in August of 2019 in Fayette Circuit Court. Plaintiff sought $1.1 million in damages, including lost wages and impairment of ability to earn income, past and future medical expenses, and past and future pain and suffering. The jury returned a unanimous 12-0 verdict in favor of the Defendant orthopedic surgeon.
Jonathan Weber and Clay Robinson successfully defended an obstetrician/gynecologist in a lawsuit alleging negligence related to an undiagnosed ectopic pregnancy. Plaintiff presented to her OB/GYN with complaints of bleeding and cramping. She had been seen and evaluated one day earlier at the Emergency Room where an hCG confirmed pregnancy. Ultrasound performed by the OB/GYN revealed no evidence of intrauterine products of conception. Presumptive diagnosis was spontaneous abortion. Patient returned approximately one week later and reported some improvement. UPS again was positive. Again TVUS revealed no products of conception. Approximately eleven days later, she was taken emergently to surgery for a ruptured fallopian tube. Both fallopian tubes required removal. Plaintiff alleged negligence in failing to follow serial hCG levels to verify spontaneous abortion. The case was tried in October 2019 in Madison Circuit Court. The jury returned a 10-2 verdict in favor of the Defendant OB/GYN.
Clay Robinson and Adam Havens defended an APRN in a wrongful death case involving allegations of a misdiagnosed ruptured diverticulum. The patient had previously undergone EGD and colonoscopy due to comlaints of abdominal pain. She returned for follow up visit. The patient reported she was doing better and her abdominal pain had resolved. Her exam was normal. She was educated about Barrett’s esophagus and the plan was to continue daily PPI and do a follow up EGD in 1 year. The patient subsequently returned to the office with complaints of abdominal pain and constipation. She reported she had the symptoms for about two weeks. She also reported nausea. The APRN suggested Amitiza for constipation. He ordered an outpatient CT of the Abdomen/Pelvis to be performed within the next week. His plan was to have patient follow up after these diagnostic tests were completed. While the medical records indicated that an abdominal exam was performed, a witness who attended the visit contended that no examination was performed. Patient was subsequently admitted to the hospital where CT confirmed a ruptured bowel. Surgery was performed however, the patient died due to complications from sepsis. The case was tried in November, 2018 in Pulaski Circuit Court. Plaintiff sought $15,555,291.03 in damages. Prior to the conclusion of the trial, a settlement was reached. The jury returned a verdict for Plaintiff in for $1,655,291.03.
Clay Robinson and Adam Havens successfully defended a cardiologist in a lawsuit alleging hypoxic brain injury due to severe blood loss following cardiac catheterization. The case involved a 44-year old female who, in March 2007, underwent coronary angiogram. Following the catheterization procedure, she developed hypotension and was noted to have an uncontrolled retroperitoneal bleed from the femoral artery. Plaintiff alleged that the cardiologist on-call, who followed the patient post-catheterization, failed to request a surgical consultation to address the ongoing bleed and resultant hypotension. Plaintiff further alleged that the cardiothoracic surgeon (also a defendant), who ultimately was consulted several hours later, was negligent as he declined to take the patient to surgery after evaluating the patient. Thereafter the patient’s condition deteriorated further with a resultant worsening metabolic and respiratory acidosis due to significant blood loss. Ultimately, the next morning another surgeon saw the patient on rounds and decided to proceed to surgery for repair of the femoral artery. Before the surgery could be performed, the patient coded. Following resuscitation, surgery was performed to repair the femoral artery (the source of the bleeding). Post operatively she was noted to have sustained anoxic encephalopathy, as well as renal failure requiring dialysis. Several months of hospitalizations followed including rehabilitation treatment related to hypoxic brain damage. The patient was subsequently ruled to be incompetent as a result of her severe cognitive impairment.
Suit by the plaintiff followed seeking $7 million in damages, including lost wages and impairment of power to earn income, past medical expenses, future medical and care expenses, and future pain and suffering. The case was tried in March of 2018 in Fayette Circuit Court. The jury returned a 9-3 verdict in favor of the defendant cardiologist and a 10-2 verdict in favor of the cardiothoracic surgeon.
Clay Robinson and Adam Havens successfully defended a family practice physician in a lawsuit alleging wrongful death of a 22-year-old female. The patient had presented with complaints of chest pain. Cardiac enzymes as well as stress EKG did not show evidence of ischemia. Subsequent echocardiogram likewise was normal. Despite a negative workup for cardiac disease, the patient’s complaints of chest pain and fatigue persisted. Two months after her initial presentation the patient died. Autopsy ultimately concluded that her cause of death was due Takayasu Arteritis. This disease leads to inflammation of the lining of the arteries and ultimately the formation of scar tissue which subsequently obstructs the flow of blood to the heart. Plaintiff filed suit seeking approximately $5.5 million for medical expenses, pain and suffering and destruction of capacity to earn income. The case was tried in June 2018 in Fleming Circuit Court. The jury returned an 11-1 verdict in favor of the defendant family practice physician.
Clay Robinson and Nick Edwards successfully defended a dermatologist in a lawsuit alleging failure to appropriately treat cutaneous squamous cell carcinoma resulting in metastatic cancer. Plaintiff presented to the dermatologist with a squamous cell carcinoma located in the conchal bowl of his right ear. The physician treated the skin cancer by way of standard excision and pathology confirmed the tumor had been fully removed from the conchal bowl. Plaintiff was subsequently found to have metastatic cancer in both the parotid gland and right ear canal. Plaintiff required extensive surgical treatment and adjuvant therapy due to the metastatic disease. At trial, Plaintiff claimed the dermatologist deviated from the standard of care by performing standard excision of the squamous cell carcinoma. Plaintiff alleged that a separate procedure, MOHs micrographic surgery, was indicated and should have been utilized to treat the skin cancer. Plaintiff claimed that MOHs micrographic surgery would have prevented the metastatic spread of cancer to his parotid gland and ear canal. The case was tried in Boone Circuit Court in July 2018. Demand for damages at trial was $5 million. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson and Jonathan Weber defended an OB/GYN in a wrongful death case involving allegations of opioid induced respiratory depression. The patient had been admitted to the on-call OB/GYN overnight from the ER with a working diagnosis of a large ovarian cyst. The patient received 3 doses of morphine on the ER physician’s orders. Overnight, the floor nurse advised the OB/GYN that the patient’s pain was uncontrolled. The OB/GYN changed the analgesic order to Dilaudid. Unbeknownst to the OB/GYN, or the ER physician who ordered the morphine, the patient suffered from severe obstructive sleep apnea. She was found unresponsive 2 hours later. She later died as a result of hypoxic ischemic encephalopathy. Plaintiffs’ argued the OB/GYN prescribed too much opioid pain medication and also failed to order adequate respiratory monitoring for the patient.
The case was tried in September 2018 in Barren Circuit Court. Plaintiff sought $3.5 million in compensatory damages and another $1 million in punitives. After 3 hours of deliberation the jury advised they were deadlocked. The Judge instructed the jury to continue their deliberations. Shortly thereafter, the jury returned a 10-2 verdict in favor of the Plaintiff. However, only 20% of the fault was apportioned to the OB/GYN, the remaining fault being apportioned to the hospital. Damages were limited to $581,587.96 of which the OB/GYN was responsible for $116,317.59. The Judgement was satisfied and no appeal or post-trial motions were filed.
Clay Robinson and Shannon Naish successfully defended an anesthesiologist and a certified registered nurse anesthetist (CRNA) in a lawsuit alleging a severe burn to the patient’s left elbow during an MRI study. The case involved a 52-year-old man who had an MRI in November, 2014, to address his recently diagnosed cancer. Because the patient experienced claustrophobia in a closed MRI, anesthesia was consulted to provide a general anesthetic during the study. In preparing for an MRI, all patients are screened for metallic (or ferromagnetic) materials to prevent risks of harm, including burns to the patient. This screening is the sole responsibility of the MRI technologists attending to the patient. Prior to the procedure, an MRI technologist employed by the hospital recognized, but failed to remove, a disposable pulse oximeter cable, which contained metal and was placed in the MRI with the patient. After the MRI, the patient was found to have sustained a second degree burn to his left elbow. The plaintiff alleged that the anesthesiologist and CRNA had an independent duty to screen the patient for metallic objects prior to the MRI. The patient required three surgeries to repair the burn, and was left with a permanent scarring and impairment of his left arm.
Suit was then filed by the Plaintiff, seeking $2,285,000, including claims for past and future pain and suffering; past and future medical expenses; and punitive damages. The case was tried in October 2018, in the Fayette Circuit Court. The trial lasted four days. The jury returned a unanimous verdict in favor of the defendant anesthesia providers.
Clay Robinson and Jonathan Weber successfully defended a general surgeon in a lawsuit alleging wrongful death. The case involved a 66-year-old female who died due to mesenteric ischemia and subsequent bowel necrosis. Plaintiff claimed that the physician did not pursue the necessary steps to diagnose and treat the decedent. The physician evaluated the decedent on multiple occasions for abdominal pain and discomfort but was unable to reach a definitive diagnosis. A CT Scan was ordered but was not performed. She returned 2 months later to the physician with complaints of severe cramping and emesis and severe diarrhea. The physician again ordered a CT scan. The CT suggested narrowing of the celiac artery and the SMA. The patient’s clinical symptoms were not suggestive of mesenteric ischemia but rather gallbladder disease. The patient was admitted to the hospital. Consultations with GI medicine, as well as a vascular surgery followed. The vascular surgeon did not believe her current symptoms were due to acute ischemia and deferred immediate surgery. An ultrasound and HIDA Scan indicated gallstones as well as cholecystitis. A cholecystectomy was planned. Prior to that procedure, the patient’s condition declined and she had to be taken to surgery for emergency laparotomy. The surgeon noted infarction of the entire small bowel and cecum. Because of the amount of bowel involved, resection was not possible. Ultimately the patient died as a result of sepsis, a complication of the bowel necrosis. The demand for damages at trial was $500,000 for physical and mental pain and suffering and $3,269.00 in funeral expenses.
The case went to trial in January 2017 in Boyle Circuit Court and lasted for 4 days. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson and Shannon Naish successfully defended a family practice physician in a wrongful death case involving allegations of a failure to diagnose chronic pulmonary embolus. Plaintiffs alleged that the decedent’s ongoing complaints of shortness of breath and chest pain were symptoms of chronic pulmonary emboli. Plaintiffs further asserted that the failure to diagnose and treat that condition had led to the death of plaintiffs’ decedent, a 39 year old woman. The patient was referred to a pulmonary specialist (also named as a defendant) in 2011, where she was seen and evaluated until mid-2012. The pulmonologist then referred her to a speech pathologist due to possible vocal cord dysfunction. In early 2013, Plaintiff’s decedent returned to her family practice physician with complaints of flu-like symptoms, including shortness of breath and chest pain. Her flu symptoms persisted for approximately five weeks despite treatment. The patient died approximately five months after the last visit with her family practice doctor. Autopsy failed to reveal a definitive cause of death. Suit by the plaintiffs followed, seeking $14.5 million in damages. The case was tried in Fayette Circuit Court in May of 2016. The jury returned a unanimous 12-0 verdict in favor of the defendant family practice physician. The pulmonary medicine physician prevailed on a 10-2 defense verdict.
Clay Robinson and Jonathan Weber successfully defended a cardiologist in a case involving allegations of of unnecessary placement of a pacemaker. Plaintiff claimed that the physician had installed a pacemaker despite the absence of appropriate indications on EKG monitor. Plaintiff developed chronic pericarditis following implantation resulting in additional hospitalization and eventual removal of the pacemaker. The case was tried in Boyd Circuit Court in April of 2016. Demand for damages at trial was $1.4 million. The jury returned a 10-2 verdict in favor of defendant physician.
Clay Robinson and Jonathan Weber successfully defended an anesthesiologist in a case involving allegations of medical negligence related to placement of an intrathecal pain pump and the subsequent development of a granuloma on the spinal cord evidently caused by the infusion of morphine. Plaintiff alleged that the doctor deviated from the standard of care by failing to adequately monitor the plaintiff’s neurological condition following permanent implantation of the pain pump. Plaintiff alleged that the patients need for escalating doses of morphine in conjunction with the plaintiff’s worsening neurologic condition should have prompted concern that a granuloma was developing, and led to CT Scan. Plaintiff alleged that the doctor should have ordered further radiology testing due to the increased pain, difficulty walking and use of a wheelchair, all of which were suggestive of granuloma. Ultimately the granuloma was diagnosed and the pain pump removed, however the Plaintiff’s condition worsened. He ultimately was confined to a wheelchair due to loss of lower extremity function and pain. The case was tried in Boyle Circuit Court in November 2015. Demand for damages at trial was $2 million. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson and Juliette Symons successfully defended a bariatric surgeon in a case involving the alleged wrongful death of a 42 year-old male following Roux-en-Y Gastric Bypass. Plaintiffs alleged failure to properly treat a gastric leak and failure to properly initiate appropriate treatment for the prevention of pulmonary embolus. The defendant physician performed patient’s initial Roux-en-Y gastric bypass. Three days later, CT Scan revealed an anastomotic leak requiring a second procedure and placement of drains. The patient was discharged home, but returned to the hospital three days later with pleuritic chest pain and shortness of breath. Pulmonary embolus was suspected and anticoagulation was initiated. The patient continued to deteriorate despite treatment and ultimately was returned to surgery a third time for additional exploration due to concern that an ongoing gastric leak and sepsis might be the cause of his decline. Further surgical exploration yielded no evidence of leak. The patient coded after surgery and was briefly resuscitated before transfer to another hospital where he ultimately died. Death certificate listed pulmonary embolism as primary cause of death, however no autopsy was performed. Plaintiffs claimed that improper treatment had led to his death. Plaintiffs’ demand for damages at trial was 7.8 million dollars,
The case went to trial in September 2015 in Scott Circuit Court. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson and Nick Edwards successfully defended a hospitalist physician in a medical negligence case involving injuries allegedly related to placement of a nasogastric tube. The patient had a history of Roux-en-Y gastric bypass, which resulted in a small stomach pouch. Plaintiff alleged that the nasogastric tube was contraindicated given the patient’s surgical history of gastric bypass. Plaintiff claimed that the nasogastric tube was improperly placed in her surgically constructed stomach pouch, resulting in a “shredding” of the roux limb with multiple perforations. Multiple surgeries were necessary to repair defects in the roux limb and to address resultant complications. Plaintiff’s demand for damages at trial was nine million dollars. This case was tried in July of 2015 in Fayette Circuit Court. Following six days of trial, the jury returned a 10-2 defense verdict in favor of the defendant physician.
Clay Robinson and Juliette Symons successfully defended an emergency medicine group in a case involving the alleged wrongful death of a 14 year old female due to delay in diagnosis of MRSA infection of the hip joint. The patient presented to the emergency department of a local hospital with complaints of a painful left hip. The E.R. physician evaluated and ordered blood work, Strep screen and X-rays. Due to significant inflammation and elevated white blood cell count the E.R. physician suggested an orthopedic consultation and possible joint aspiration. An orthopedist evaluated the patient in the hospital. The patient was given Lortab, advised to follow up with the orthopedist on an outpatient basis and then discharged. The next day the hospital lab noted that the patient’s blood work was gram positive cocci. The hospital claimed that the result was reported to the physician’s assistant in the ER. The ER group maintained that the hospital had failed to follow its own procedure, had failed to make proper notification of the staph result and had mishandled the lab report with no hard copy ever sent to the emergency department. On the second day following discharge, the hospital lab further isolated staphylococcus aureus from the blood culture. No report was made from the lab to the emergency department. On the third day following discharge MRSA was further isolated in the blood culture. This was reported by phone from the hospital lab to the E.R. nurse. This was in turn reported to the orthopedist’s office. By that time the patient presented to University of Kentucky Medical Center Emergency Department in MRSA shock. Despite aggressive attempts to resuscitate she succumbed to her sepsis. The wrongful death complaint was brought against the orthopedist and the emergency physician group. Following seven days of trial in Fayette Circuit Court, the jury returned a unanimous 12-0 defense verdict in favor of the emergency medicine group. A 10-2 defense verdict was returned in favor of the co-defendant orthopedist.
Adam Havens and Nick Edwards successfully defended a cardiac electrophysiologist in a medical malpractice case involving an alleged complication following pacemaker implantation. Plaintiff alleged that the physician negligently punctured his right lung during placement of a pacemaker. They further alleged that this condition required an extended hospitalization and caused permanent physical impairment. The demand for damages at trial was $500,000. The case went to trial in March 2015 in Laurel Circuit Court. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson successfully defended a cardiologist in a case involving allegations of medical negligence and wrongful death related to prescription of the drug Amiodarone. Plaintiff alleged that defendant’s treatment was improper, specifically that the patient and her family were never warned about the risks of Amiodarone. Moreover plaintiff alleged improper prescription of the drug leading to toxicity. The death certificate indicated that lung toxicity likely related to Amiodarone was the cause of death. The case was tried in Fayette Circuit Court in September 2014. At issue in the trial was whether multiple refills of the Amiodarone prescription had been issued by the physician or refilled without physician authorization by the pharmacy. After the first day of trial, plaintiff agreed to enter a voluntary dismissal of the case.
Adam Havens successfully defended a family practice physician in a wrongful death case involving an alleged failure to diagnose and treat diabetes. Plaintiff alleged that the physician ignored elevated glucose and hemoglobin A1c laboratory data which led to uncontrolled and untreated diabetes. Plaintiff further alleged that this uncontrolled diabetic condition caused sepsis and a stroke which resulted in the patient’s death. Demand for damages at trial was $2.4 million. The case went to trial in September 2014 in Franklin Circuit Court. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson defended an orthopedic surgeon in a case involving allegations of failure to properly manage a postoperative infection of a total knee replacement. Plaintiff alleged that failure to remove the infected prosthesis after signs of infection were apparent fell below the standard of care. The orthopedist had attempted to manage the infection using Vancomycin, rather than removing the knee prosthesis. Plaintiff developed Stevens Johnsons Syndrome due to the Vancomycin and experienced significant complications, including kidney failure. She ultimately had the total knee removed, but infection and osteomyelitis persisted. She eventually went on to an arthrodesis of the knee. The case was tried in May of 2014 in Greenup Circuit Court. After five hours of deliberation, the jury advised that they were deadlocked at 6-6. The judge instructed them to continue to deliberate. Shortly thereafter, the jury returned a 10-2 verdict in favor of the plaintiff for six million dollars. Following the trial, interviews with the jurors revealed evidence of juror misconduct during deliberation. A motion to set aside the verdict and for a new trial was filed with the trial court, along with supporting juror affidavits. Prior to the hearing on the motion for a new trial, a settlement was reached.
Adam Havens successfully defended a radiologist in a case involving an alleged failure to diagnose a pelvic abscess by CT scan. The patient underwent Roux-en-Y gastric bypass and subsequently experienced an anastomotic leak requiring a second procedure performed by a co-defendant surgeon. The patient underwent multiple CT scans approximately twelve days later after developing sepsis. Plaintiff alleged the radiologist failed to diagnose a pelvic abscess at that time. Negligence was also alleged against the surgeon and the hospital for the postoperative treatment and eventual discharge of the patient, who subsequently died four days after discharge.
The case went to trial in February and March of 2014 in Pulaski Circuit Court. The jury returned a 10-1 verdict in favor of the defendant radiologist. The jury returned a unanimous verdict in favor of the Plaintiff against the co-defendant surgeon and co-defendant hospital. They awarded damages of approximately $10.5 million against the co-defendants.
Clay Robinson and Barbra McGuire successfully defended a hospitalist physician in a case involving a patient who developed an anastomotic leak following performance of a gastrojejunosotomy. The patient’s condition was complicated by aspiration pneumonia. Approximately seven days following the gastric bypass surgery, his condition deteriorated. He ultimately was transferred to a tertiary care facility where exploratory laparotomy was performed and breakdown of the anastomosis was found. He died due to sepsis and multisystem organ failure. Demand for damages at trial was $12 million.
The case went to trial in Boyle Circuit Court in February 2014. The jury returned a 10-2 verdict in favor of the defendant physician.
Clay Robinson and Shannon Naish successfully defended an emergency medicine physician in a case involving an alleged failure to diagnose and treat carbon monoxide poisoning. Plaintiff alleged that the ER physician had failed to order a carboxyhemoglobin test and thus failed diagnose the condition after he presented to the ER with symptoms. Plaintiff had used a gasoline generator to power his home during the ice storm of 2009. Plaintiff claimed right lower extremity paralysis, cognitive brain injury as well as incontinence of his bladder and bowels as a result of the untreated condition. Demand for damages at trial was $1.7 million.
The case went to trial in February 2014 in Grayson Circuit Court. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Benny Epling and Devin Hendricks successfully defended two pathologists in a case involving an alleged failure to properly communicate a diagnosis of endometrial stroma sarcoma to another physician. Plaintiffs alleged a lack of compliance with hospital policies by the pathologists contributed to the delay in the patient’s cancer diagnosis, negatively impacting her treatment options and chances of survival. The case went to trial in December of 2013 in Boyd County, but after opening statements, Plaintiffs agreed to voluntarily dismiss our firm’s clients.
Clay Robinson and Adam Havens successfully defended a cardiologist in a case involving alleged misdiagnosis of an aortic dissection resulting in the death of a 55 year old man. The patient was admitted through the emergency room with complaints of sharp chest pain and dizziness. Evaluation for myocardial ischemia was negative. Echocardiography as well as a cardiology consultation was requested. The cardiologist felt that the echocardiogram was normal and that the patient’s pain was most likely the result of musculoskeletal strain. He prescribed anti- inflammatory medication. The next morning the patient was found pulseless. Resuscitation efforts were unsuccessful. Autopsy revealed a Type A aortic dissection. Plaintiff alleged that the symptoms were consistent with aortic dissection and further that the echo images revealed evidence of abnormal aortic dilation, a harbinger of dissection.
The case tried in August 2013 Mercer County. The jury returned a 10-2 verdict in favor of the defendant physician.
Clay Robinson and Barby Maguire successfully defended two OB/GYN’s in a case involving allegations of negligence in the prenatal and perinatal management of a pregnancy complicated by preeclampsia. Plaintiff alleged that the severity of the preeclampsia required earlier intervention and delivery. The child although alive had significant neurologic injury. Plaintiff claimed these injuries would have been averted with earlier delivery.
The case was tried in April 2013 in Madison Circuit Court. The jury returned a 10-2 verdict in favor of both defendant physicians.
Clay Robinson and Adam Havens successfully defended a general surgeon in a case involving allegations of negligence resulting from the attempted placement of a percutaneous endoscopic gastrostomy tube. The patient underwent PEG tube placement for tube feeding. Plaintiff alleged negligence with respect to the technique utilized resulting in a perforation of the sigmoid colon, significant infection, sepsis and the need for numerous corrective surgeries as well as extended hospital admissions.
The case was tried in January 2013 in Pulaski Circuit Court. The jury returned a 9-3 verdict in favor of the defendant physician.
Clay Robinson and Kimberly DeSimone successfully defended a pediatrician at trial in a case involving the alleged wrongful death of a newborn. After delivery at home, the baby was brought by ambulance to the hospital where she was evaluated and treated by the on-call pediatrician. Her condition suddenly deteriorated with a rapid drop in O2 saturations. She was transferred to an NICU, but later died as a result of pulmonary hemorrhage. The lawsuit alleged negligence by the pediatrician in the evaluation and treatment of the baby. The case was tried in August 2012 in Franklin Circuit Court. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson and Devin Hendricks successfully defended a general surgeon at trial in a case involving an apparent breakdown of surgically repaired small bowel injuries. The patient, a 55 year old male had sustained perforations of his small bowel during a laparoscopic cholecystectomy. Subsequently he was returned to surgery for repair of those injuries. The patient was then transferred to another hospital where he later underwent resection of his small bowel and colon due to ongoing leakage. The lawsuit alleged negligent repair of the bowel injuries. The case was tried in September of 2012 in Pulaski Circuit Court. The jury returned a unanimous 12-0 verdict in favor of the defendant physician.
Clay Robinson successfully defended an emergency medicine physician at trial in a case involving the alleged failure to diagnose acute myocardial infarction in the emergency department. The patient a 26 year old man presented to the ER with complaints of shoulder and neck pain. He was diagnosed with viral myalgia and discharged. He died approximately ten hours later. At autopsy, necrosis of myocardium as well as a 98% blockage of the left anterior descending vessel was found. The lawsuit alleged wrongful death as a result of medical negligence. The case was tried in January 2012 in Hardin Circuit Court. The jury returned a 9-3 verdict in favor of the defendant physician.
Clay Robinson successfully defended a radiologist at trial in a case involving the alleged failure to diagnose appendicitis on CT Scan. Initial CT scan obtained by ER and ready by radiologist noted no evidence of appendicitis and the patient was discharged. The patient was subsequently returned to hospital and diagnosed with a ruptured appendix. He was taken to surgery, but later expired. The case was tried in Pulaski Circuit Court in November 2011. At the conclusion of plaintiff’s case, the court entered a directed verdict in favor of the defendant physician.
Benny Epling defended a neurologist at trial in a case involving the doctor’s alleged failure to properly supervise a consulting internal medicine specialist. The case was originally filed against Mr. Epling’s client, the involved internal medicine consultant, a consulting dermatologist, another covering physician and the involved Hospital. All but two Defendants settled before trial. Thus, the case was tried in Pike Circuit Court in June of 2011 against only two doctors. After the close of all the proof, the jury deliberated for more than three (3) days and seemed to be deadlocked, at which time all the parties were able to reach a compromise.
Benny Epling and Barbra McGuire successfully defended a general practitioner in case where the doctor was accused of malpractice for not properly handling a subdural hematoma in an elderly nursing home patient. There was also an allegation the doctor’s care was deficient in that he failed to properly keep this patient’s family informed as to her condition and his treatment plan. The defense argued that the best plan for this patient was to defer surgery until same was absolutely necessary secondary to the patient’s extensive co-morbidities. There was also proof the involved doctor had informed certain family members about this patient’s condition. The case was tried in Pike Circuit Court in December of 2011 and the Jury returned a 9-3 verdict for the Defendant Physician.
Clay Robinson and Adam Havens successfully defended a family practice physician at trial in a case involving the alleged misdiagnosis of an aortic dissection in a twenty five year old man. Plaintiff alleged malpractice in the evaluation, diagnosis and management of the patient who presented with complaints of chest discomfort. He subsequently died 18 hours later due to an aortic dissection. The case was tried in Franklin Circuit Court in October 2011. The jury returned a defense verdict of 11-1 in favor of the physician.
Clay Robinson and Kimberly DeSimone successfully defended a urologist at trial in a case involving a 60 year old man who underwent a partial penectomy. Initially the planned surgery was a circumcision due to balanitis and phimosis. Intraoperatively the surgeon found extensive squamous cell carcinoma as well as infection involving the glans penis. In the surgeon’s estimation the only reasonable course was to perform partial penectomy, despite the fact that it had not been discussed beforehand. Plaintiff filed suit alleging malpractice and a lack of informed consent.
The case was tried in Shelby Circuit Court in August 2011. The jury returned a unanimous defense verdict on the claims of medical malpractice and a 10-2 defense verdict on the issue of informed consent.
Clay Robinson and Kimberly DeSimone successfully defended an orthopedic surgeon at trial in a case involving a 50 year old woman who underwent surgery to remove bone formation causing inflammation of the Achilles tendon. Severe pain persisted post-operatively. Two months later she was returned to surgery for re-exploration. Thereafter she continued to experience pain, along with numbness and tingling. She filed suit alleging unnecessary surgery and improper technical performance of the surgery.
The case was tried in Greenup Circuit court in April 2011. The jury returned a unanimous 12-0 defense verdict in favor of the surgeon.
Clay Robinson and Adam Havens successfully defended an emergency medicine physician at trial in a case involving a 42 year old woman who presented to the ER complaining of severe abdominal pain. Her pain improved, but did not resolve with pain medication. She was sent home only to return to the ER several hours later with severe pain and abdominal rigidity. CT Scan suggested possible bowel obstruction. At surgery she was found to have a complete infarction of her small intestine. Surgery was performed to remove her small intestine. She subsequently developed multiple organ failure and eventually required a six organ transplant. Demand at trial was over $15,000,000.
The case was tried to verdict in Boyle Circuit Court in January 2011. The jury returned a 10-2 defense verdict in favor of the physician.
Clay Robinson, Benny Epling and Charles Aaron defended an obstetrician /gynecologist in a case involving injuries related to a shoulder distocia and fourth degree laceration. Both mother and newborn asserted claims of injury. At the time of the delivery, the health care provider was intoxicated with a blood alcohol level of .27. Liability was not contested . The case was defended on damages. At the end of a month long trial, the jury returned a verdict against the obstetrician for $1,466,000 in compensatory damages and $700,000 in punitive damages. Plaintiffs’ damages demand prior to trial had been in excess of $27,000,000.
Clay Robinson successfully defended a neurosurgeon in a case involving a patient who underwent spine surgery for L4/L5 and L5/S1 spinal stenosis. Pre-operatively he had evidence of lumbar radiculopathy. 22 months post-operatively, the patient’s complaints of pain persisted. He was found to have Stage IV avascular necrosis of both hips. He went on to require bilateral hip arthroplasty. He alleged negligence on the part of the neurosurgeon for failing to investigate and diagnose the source of his hip pain prior to performing back surgery.
The case was tried in Boyd Circuit Court in March 2010. The jury returned a unanimous 12-0 verdict in favor of the physician.
Clay Robinson and Kimberly DeSimone successfully defended three obstetrician/ gynecologists at trial in a case involving a bowel perforation following laparoscopic surgery. Plaintiff alleged improper surgical technique leading to the perforation and further alleged delay in diagnosis resulting in multiple subsequent surgeries and severe disabling adhesive disease. The jury returned a unanimous 12-0 defense verdict in favor of all three physicians. The case was tried in February 2010 in Franklin Circuit Court.
Clay Robinson and Todd Willard successfully defended a general surgeon in a case involving a 42 year old woman who claimed that a mammogram of her reconstructed right breast caused a rupture of the prostheses. She developed infection and dehiscence in her right breast, ultimately requiring treatment with intravenous antibiotics and removal of the breast implant. Plaintiff claimed that the mammogram of her right breast was improperly ordered by the defendant physician.
This case was tried in Mercer Circuit Court in April, 2009. Outcome was a defense verdict (10-2).
Benny Epling secured a summary judgment for an orthopedic surgeon. Months after a shoulder surgery, a laparotomy pad was discovered to have been inadvertently left inside a patient’s surgical wound. In defense of the orthopedic surgeon, Benny Epling was able to win a summary judgment in June of 2009, based on the recent Kentucky Supreme Court opinion in Nazr v Branham, by showing the proof his client lacked culpability was incontrovertible.
Todd Willard successfully defended a surgeon sued by a patient concerning a retained portion of a catheter that was used in treating the patient’s breast cancer. This case was tried in Madison Circuit Court in January 2009. The outcome was a defense verdict with the jury unanimously determining that the surgeon was not negligent.
Clay Robinson and Todd Willard successfully defended an emergency medicine physician in a case involving the wrongful death of a 26-year-old male. Plaintiff alleged that the death was caused by the failure to diagnose a myocardial infarction while the patient was in the emergency department. Plaintiff alleged the patient was improperly discharged without cardiac evaluation, that the emergency physician failed to ascertain the true nature of his illness and failed to adequately treat him leading to his death. Autopsy revealed a 95% blockage of the LAD.
Plaintiff claimed damages in the amount of $1.5 million. This case was tried in Grayson Circuit Court in January, 2008. Outcome was a defense verdict (9-3).
Clay Robinson successfully defended a general surgeon in a case involving a 19 year old male who sustained a knife wound to his forearm. He claimed that the physician failed to operate in a timely manner; then when he did operate, failed to adequately control active bleeding, causing him to develop a compartment syndrome and ischemic contracture of his hand and fingers. Plaintiff alleged that this delay resulted in permanent damage to his hand and fingers. Plaintiff sought $500,000 in damages. This case was tried in Franklin Circuit Court in January, 2008. Outcome was a defense verdict (10-2).
Clay Robinson and Benny Epling successfully defended a family practice physician in a case involving a two year delay in diagnosis of prostatic cancer in a 63 year old male resulting in the development of a locally advanced adenocarcinoma with a high likelihood risk for recurrence. It was undisputed that the prostate cancer would likely return and ultimately prove fatal. Plaintiff claimed that earlier diagnosis would have led to treatment with prostatectomy and would have negated the necessity for treatment with hormone suppression therapy and radiation.
Plaintiff’s damages demand was $1.6 million. This case was tried in Fayette Circuit Court in June, 2008. Outcome was a defense verdict (12-0) on causation.
Clay Robinson and Todd Willard successfully defended a bariatric surgeon in a case involving the alleged wrongful death of a 33 year old married mother of three (all minors) due to an undiagnosed gastric leak following a Roux en Y gastric bypass for treatment of morbid obesity. Plaintiffs made claims for loss of spousal and parental consortium.
Plaintiff’s damages demand was $6.2 million. This case was tried in Scott Circuit Court then moved to Woodford Circuit Court due a conflict with another trial in Scott County. Outcome was a defense verdict (9-3).
Clay Robinson and Adam Havens successfully defended a radiologist in a case involving a claim for wrongful death of a 60 year old woman related to the diagnosis of a ruptured diverticulum with fecal contamination and abscess. Plaintiff claimed that the injury was misdiagnosed on a CT scan leading to a delay in diagnosis and ultimately, the patient’s death.
This case was tried in Montgomery Circuit Court in August, 2008. Outcome was a defense verdict (10-2).
Clay Robinson and Adam Havens successfully defended a colorectal surgeon in a matter involving a 64 year old male who underwent a double colon resection and subsequently developed an anastomotic leak at the site of the sigmoid colon anastomosis. Exploratory surgery and prolonged hospitalization followed. Patient has since recovered and is doing well. This case was tried in Fayette Circuit Court in September, 2008. Outcome was a unanimous defense verdict (12-0).
Clay Robinson defended an orthopedic surgeon in a case involving allegations of battery pertaining to debridement of an exposed left femoral head. The plaintiff, a then 48 year old white male and a paraplegic (gunshot injury at T-6 25 years ago), developed several ulcers as a result of lack of mobility, one ulcer on his left hip and two ulcers on each buttock. The ulcer on the left hip was larger with a higher risk of infection than the others. Plaintiff’s left hip was also completely disarticulated. The trochanter was protruding through the skin.
At the time of the alleged battery, plaintiff was a patient in the ICU. Plaintiff claimed that the physician performed debridement of the bone protruding from the ulcer on his hip while he was unconscious in the ICU. He further claimed the procedure was done without his permission. The case was tried in the United States District Court, Ashland Division in October, 2008. Outcome of this trial was a unanimous plaintiffs’ verdict with an award of one dollar ($1.00).
Clay Robinson and Kimberly G. DeSimone successfully defended an internal medicine physician in a case involving a 62 year old white female with interstitial lung disease, hypersensitivity pneumonitis (diagnosed in 2005). She alleges that the physician failed to adequately follow up on a chest x-ray done in June 1998, which showed diffuse interstitial markings. She maintained that had those findings been properly followed up, her condition could have been treated and her pulmonary disease cured. The plaintiff alleged that she suffered severe and permanent damage to her lungs due to the failure to order specific follow up on the 1998 chest x-ray that resulted in pulmonary failure. Plaintiff alleged that she sustained unnecessary pain and suffering, past and future medical expenses and an inability to work as a result of her lung condition.
At trial, plaintiff claimed damages of $2.9 million. This case was tried in Fayette Circuit Court. Outcome was a unanimous defense verdict (12-0).
Kimberly G. DeSimone successfully defended a social worker in federal court. This action was brought in U.S. District Court against Mrs. DeSimone’s client, a social worker employed by a private agency that contracted with the State to perform foster care services. The Plaintiff’s claims of intentional infliction of emotional distress, negligence, fraud and infringement of constitutional rights were all based on the removal of her minor daughter from her custody. Mrs. DeSimone secured a dismissal by convincing the Court that the social worker was protected by sovereign immunity and there was no Fourteenth Amendment Due Process remedy available.
Adam Havens secured summary judgment in December 2008 for a radiologist, who was sued by a patient alleging that he missed the diagnosis of an odontoid fracture resulting in a delay in treatment. Mr. Havens convinced the Court that any alleged delay in plaintiff’s treatment failed to cause the complained damages as plaintiff’s orthopedic surgery expert testified that her treatment course and condition would not have changed regardless of when her injury was treated.
Clay Robinson and Benny Epling successfully defended an anesthesiologist in a case where plaintiff claimed that the physician negligently administered steroid injections (a total of 17) for treatment of back and leg pain. Plaintiff claimed the negligent treatment lead to bilateral avascular necrosis of the hips, which necessitated hip replacement surgeries.
Plaintiff sought damages in the amount of $1.9 million. This case was tried in Fayette Circuit Court in October, 2007. Outcome was a unanimous defense verdict (12-0).
Clay Robinson successfully defended a urologist in a case involving a 65 year old male with pre-existing medical history including sinus surgeries (one of which involved a craniotomy), cervical spine surgery following a motor vehicle accident, irregular heartbeat/coronary artery disease, bilateral hip and leg pain secondary to bursitis, hypertension, hyperlipidemia, prostate cancer and sleep apnea. Plaintiff claimed to have suffered hypoxic brain injury as a result of negligently administered Phenergan following a prostatectomy.
This case was tried in Montgomery Circuit Court in October, 2006. Plaintiff’s demand at trial was $2,032,000. Outcome was a defense verdict (11-1).
Clay Robinson successfully defended a general surgeon in a case involving a 47 year old grossly obese male who underwent a vertical banded gastroplasty at Frankfort Regional Medical Center. Post-operatively, he developed excruciating shoulder and ankle pain, severe shortness of breath and decreased oxygen saturation. He was transferred to University of Kentucky Medical Center for suspected renal failure, hypotension and hypoxemia. After his admission to UKMC he was taken to surgery for an exploratory laparotomy which revealed a leak from the gastric staple line. His medical records indicate that he is virtually bedridden and receiving care from a sister and a home health nurse.
Plaintiff’s damages demand was $3,000,000. Case was tried in Franklin Circuit Court in January, 2005. Outcome of the trial was a defense verdict (9-3).
Clay Robinson successfully defended a urologist in a case involving the alleged wrongful death of an 82 year old female. She underwent laparoscopic nephrectomy in 1999. Approximately 4 days later she was re-explored by a surgeon due to deterioration of her condition. She was found to have a gastric perforation which was repaired. Unfortunately, sepsis from the gastric perforation caused her postoperative hospitalization to be prolonged. Ultimately, she was transferred from the hospital to a nursing home where she remained for approximately four years. In 2004, she sustained a fractured hip, then significant deterioration in her condition. She was transferred to a local hospital where she subsequently died, apparently as a result of a pulmonary embolus. No autopsy was performed.
Plaintiff claimed damages in the amount of $248,000 in medical expenses and $250,000 in pain and suffering. Case was tried in Fayette Circuit Court in March and April, 2004. Outcome was a unanimous defense verdict (12-0).
Clay Robinson successfully defended an OB/GYN in a case involving a 23 year old female with a history of pelvic pain, pelvic mass and adhesions, as well as endometriosis, bilateral paratubal cysts and a right tubal mass, which was surgically addressed. The plaintiff alleged that the physician was negligent in his post-operative pain control regimen claiming that it was too excessive and that the patient expired from a Demerol overdose.
Plaintiff claimed damages in the amount of $1.2 million for pain and suffering and lost wages. This case was tried in Harrison Circuit Court in August, 2005. Outcome was a defense verdict (11-1). An appeal was filed, but was later dismissed.
Clay Robinson successfully defended an orthopedic surgeon in a case involving a 19 year old white male who developed post operative joint infection following arthroscopic surgery in June of 2001. Plaintiff claimed that the physician’s neglect led to infection resulting in removal of hardware following arthroscopic surgery to fix osteochondritis dissecans.
This case was tried in Franklin Circuit Court in October, 2005. Outcome was a unanimous defense verdict (12-0).
Clay Robinson successfully defended a general surgeon in a case involving a 36 year old female with a long history of morbid obesity. Patient underwent a Roux n Y gastric bypass and later developed a gastric leak. She had previously had a C-section for a placental abruption and a right knee arthroscopy. Plaintiff claimed that the physician was negligent in his failure to properly diagnose her condition and in his failure to properly treat the plaintiff she became disabled and suffered multiple organ failures.
This case was tried in April 2004 before Judge Joseph H. Hood of the United States District Court for the Eastern District of Kentucky, Lexington Division. Outcome was a unanimous defense verdict. No appeal of the verdict was filed by plaintiff.
Clay Robinson successfully defended an orthopedic surgeon in a case involving an alleged missed diagnosis of a scapholunate ligament rupture in a 24 year old male. The scapholunate ligament connects the scaphoid (navicular) bone and the lunate bone in the hand. Plaintiff alleged that the missed diagnosis led to a delay in treatment resulting in the need for a proximal carpectomy.
Plaintiff’s demand at trial was $950,000. This case was tried in Rowan Circuit Court in July, 2004. Outcome was a unanimous defense verdict (12-0).
Clay Robinson and Benny Epling defended a vascular surgeon in a case involving a 59 year old female who underwent a femoral popliteal bypass surgery in November, 1998. She was found to have circulatory impairment to her left leg and required a revision surgery by a vascular surgeon. Adequate circulation appeared to have been restored to the left lower extremity. However, plaintiff continued to suffer from foot drop, apparently secondary to a peroneal nerve injury which manifested shortly after the first surgery. She ultimately underwent ankle fusion in August of 2000. Three months later she required a left below knee amputation.
Plaintiff sued both the physician and hospital for negligence in her care and treatment. Additionally, plaintiff sued the hospital for negligence in permitting the physician to continue hospital privileges.
This case went to trial in December, 2004 in Kenton Circuit Court. The case settled 5 days after the trial began.
Clay Robinson successfully defended a general surgeon in a case involving a 54 year old male with a history of chronic health problems, including degenerative joint disease, atherosclerotic heart disease, COPD, questionable tuberculosis, gastro-esophageal reflux disease, seizure disorder and anemia. Issues in the lawsuit were failure to timely re-establish a nasogastric tube and to decompress stomach/bowel distention. This distention created an abdominal compartment syndrome leading to the patient’s cardiac arrest and subsequent death. Claimed injuries were loss of earning capacity, loss of consortium and conscious pain and suffering as the result of the death of a 54 year old male. Trial was held in Rowan Circuit Court in May 27, 2003. Outcome was a unanimous defense verdict (12-0). No appeal of the verdict was filed by the plaintiff.
Clay Robinson successfully defended a general surgeon in a case involving a 72 year old female who claimed that the surgeon inadvertently left metal surgical clips during the first surgery (a biopsy) and was further motivated to do the second procedure (excision) by his desire to remove the clips and cover up his previous mistake. Plaintiff alleged she was allergic to these clips and that they caused both bone and nerve damage in her hip and constant pain, decreasing her ability to function. In June of 2002, she fell and broke her wrist, which she attributed to weakness in her hip. Trial was held in Rowan Circuit Court. Results were a directed verdict for defendant.