REPRESENTATIVE CASES

Seattle Office:  206-749-0094

Tacoma Office:  253-328-7800

HealthCare Litigation

Defense verdict in alleged multi-million dollar medical malpractice action regarding failure to diagnose pituitary tumor and resultant acromegaly.

Defense verdict for family practice physician in medical malpractice lawsuit where allegation was delayed diagnosis of colon cancer.

Defense verdict for Public Hospital District in medical malpractice lawsuit where plaintiff/patient suffered traumatic brain injury.

Defense verdict for two trauma surgeons in medical malpractice lawsuit where it was alleged that the surgeons failed to identify a peroneal tendon injury leading to permanent disability.

Defense verdict for large hospital in medical malpractice lawsuit where the allegation was that hospital staff caused median nerve injury leading to permanent disability.

Multiple Involuntary Treatment Act cases. Western State Hospital refused to accept involuntarily committed patients from acute care hospitals, alleging that patients had medical needs preventing their admission to Western. Result: Western admitted the patients; in one instance, court awarded sanctions.

Successful defense in case where plaintiff claimed hospital emergency providers improperly treated sting ray injury, resulting in permanent injury.

Dismissal after discovery in case where plaintiff claimed hospital and physicians negligently managed sickle cell anemia, resulting in patient’s death.

Directed verdict for defense in a case where plaintiff claimed hospital and emergency medicine physician were negligent for failing to suspect and report child abuse, resulting in infant’s death.

Defense verdict for primary care physician in malpractice action allegedly causing patient’s death by management of pain medication.

Defense verdict for pathologist and pathology group in a medical malpractice action alleging misdiagnosis of primary peritoneal carcinoma and loss of chance of survival.

Defense verdict on behalf of a podiatrist in a medical malpractice case in which plaintiff alleged that a podiatrist was negligent during foot surgery causing permanent injury.

Defense verdict on behalf of a hospital in a premises liability case in which plaintiffs claimed that the hospital’s negligence caused the death of an 83 year-old woman.

Summary Judgment dismissal of claims against orthopedic surgeon who used a pain pump alleged to have caused damages to patient.

Summary Judgment dismissal of claims in multiple Section 1983 Civil Rights claims against physicians and hospitals in Federal District Court.

Summary Judgment dismissal of claims against provider and awarded $10,000 in statutory damages (and attorneys’ fees of approximately $20,000) on basis of Anti-SLAPP statute.

Successfully mediated a medical malpractice retained object case, minimizing publicity, liability exposure, and expense.

Reversal of Department of Health denial of nursing license for alleged intentional concealment of information and fraud, resulting in granting of credential.

Defense verdict for orthopedic surgeon in medical malpractice case alleging negligent placement of shoulder arthroplasty causing frozen shoulder and loss of use of arm.

Defense verdict for Emergency Department physician in medical malpractice and medical battery case alleging wrongful administration of anti-nausea medication causing permanent movement disorder.

Defense verdict for Emergency Department physician in medical malpractice and wrongful death case alleging failure to diagnose infected hip arthroplasty resulting in sepsis and death.

Defense verdict for hospital and mental health clinic in medical malpractice case alleging negligent failure to prevent suicide.

Defense verdict for hospital in medical malpractice case alleging respiratory arrest and hypoxic brain injury from overdose of narcotic pain medication.

Worked with the Washington State Medical Association and the Tort Reform Coalition (including testimony before the legislature) on tort reform legislation in the State of Washington.

Successful defense of neurosurgeon in medical malpractice lawsuit alleging physician failed to diagnose and treat brain aneurysm.

Successful defense of urologist in medical malpractice lawsuit alleging urologist negligently performed ultrasound guided bladder biopsy resulting in serious infection.

Successful defense of hospital in medical malpractice lawsuit alleging emergency medicine physician, hospitalist and hospital were negligent for failing to diagnose lower Gl bleed leading to patient death.

Successful defense of primary care physician in medical malpractice lawsuit alleging failure to diagnose rhabdomyolysis leading to acute renal failure.

Successful Defense of anesthesiologist in medical malpractice lawsuit alleging negligent extubation resulting in permanent brain damage.

Successful defense of a University of Washington physician against allegations of improper performance of an experimental surgical procedure.

Successful defense of three physicians against allegations of improper removal of life support systems in a case televised nationally on “Court TV.”

Represented hospitals in the 2014 behavioral health case of In Re: the Detention of D.W., in which the Washington Supreme Court found that boarding psychiatric patients in emergency rooms without treatment was unlawful.

Obtained defense verdict for hospital and members of its medical staff in privileging dispute brought by surgeon whose hospital privileges had been summarily suspended.

Defense verdict for radiology clinic in medical malpractice lawsuit involving their radiologist who allegedly failed to properly perform an interventional procedure leading to patient death.

Defense verdict for anesthesiologist in medical malpractice lawsuit alleging post-operative (cervical spine surgery) hematoma causing patient permanent brain damage.

Directed verdict for defense in a case where plaintiff claimed hospital and emergency medicine physician were negligent for failing to suspect and report child abuse, resulting in infant’s death.

Consultation and participation in developing policies, procedures and risk management strategies for health care facilities.

Defense verdict for anesthesiologist in medical malpractice lawsuit alleging negligent extubation resulting in permanent brain damage.

Defense verdict in alleged multi-million dollar medical malpractice action regarding failure to diagnose pituitary tumor and resultant acromegaly.

Multiple successful professional disciplinary board trials alleging unprofessional misconduct.

CIVIL LITIGATION

$1,500,000 judgment in favor of homeowner, alleging product liability and consumer protection act claims arising out of exterior insulation and finish system (EIFS), synthetic stucco, caused home to dry rot to point of collapse.

Arbitration Award of $850,000, recovering breach of contract damages in failed implementation of enterprise software.

Defense verdict for homeowners and homeowners’ association sued by neighbor over an alleged obstructed view.

Defense verdict for subcontractor in which store patron alleged construction defect caused more than $1,000,000 in debilitating injuries.

Summary judgment on behalf of a school in a negligence case in which plaintiffs alleged that the negligence of the school allowed a teenage girl to be sexually assaulted off-site.

Lead counsel for pharmaceutical companies in product liability cases.

Lead counsel for a large school district in cases involving alleged sexual assaults on students.

Successful defense of a professional football team against liability for the off-field conduct of its players.

Provided coverage counsel to national insurer regarding first-party property claims arising from the 2014 Oso, Washington landslide.

Obtained over $500,000 of liability coverage on behalf of policyholders for environmental cleanup work near the Port of Tacoma.

Obtained summary judgment dismissal on behalf of the Washington State Department of Natural Resources for claims arising from the 2012 Taylor Bridge fire.

Obtained $7.1 million verdict for an insurance company in a Federal Civil RICO action involving rampant billing and medical record fraud committed by a chiropractor and medical doctor in 156 underlying auto accident cases.

APPEALS

Shorter v. Drury, 103 Wn.2d 605 (1985)

Washington State Phys. Ins. Exch. & Ass’n v. Fisons Corp., 122 Wn.2d 299 (1993)

Breckenridge v. Valley Gen. Hosp., 150 Wn.2d 197 (2003)

Estate of Otani v. Broudy, 151 Wn.2d 750 (2004)

Coppernoll v. Reed, 155 Wn.2d 290 (2005)

Stewart-Graves v. Vaughn, 162 Wn.2d 115 (2007)

Chadwick Farms Homeowners’ Ass’n v. FHC LLC, 166 Wn.2d 178 (2009)

Ambach v. French, 167 Wn.2d 167 (2009)

Ockletree v. Franciscan Health Sys., 179 W.2d 769 (2014)

Gustav v. Seattle Urological Assocs., 90 Wn. App. 785 (1998)

Upheld dismissal of informed consent claim, holding that, while a physician has a duty to disclose an abnormality in the patient's body which may indicate risk or danger, a physician's failure to diagnose a condition is a matter of medical negligence, not a violation of the duty to inform.

Mayer v. Sto Industries, Inc., 156 Wn.2d 677 (2006)

$1,500,000 judgment in favor of homeowner, alleging product liability and consumer protection act claims arising out of exterior insulation and finish system (EIFS), synthetic stucco, caused home to dry rot to point of collapse.

Fergen v. Sestero, 182 Wn.2d 794 (2015)

In medical malpractice action, Washington Supreme Court upheld exercise of judgment instruction, which reminds a jury that if a physician exercises the reasonable care and skill generally required by the physician's position, the physician's choosing between alternate treatments or diagnoses does not make the physician legally liable for making a wrong choice.

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