Tom Smith and Mike Donelson win defense verdict in medical malpractice case tried in Jersey County, IL. The plaintiff alleged the defendant orthopedic surgeon improperly performed a shoulder surgery to repair a labral tear that resulted in progressing arthritis that allegedly caused the need for a total shoulder replacement. The plaintiff had sought recovery for $250,000 in past and future medical expenses, over $250,000 for pain and suffering , and consortium damages for plaintiff’s spouse. The defense had to overcome damaging testimony from subsequent treating orthopedic surgeons from Washington University and the testimony of plaintiff’s local orthopedic surgery retained expert. The defense argued the shoulder problem, and that the surgery involving the placement of anchors was properly performed. The defense further demonstrated that the plaintiff’s progressing arthritis that lead to the need for shoulder replacement surgery was due to a shoulder infection that developed through no fault of any of the medical providers. After four days of trial the jury returned a unanimous defense verdict.
After exhausting administrative remedies, plaintiff filed a wrongful termination claim in Jefferson County, Missouri against his former employer, a not-for-profit religious organization, alleging he was terminated due to his age and disability. Defendant demonstrated that plaintiff’s age and alleged disability were not the reason for his termination. Instead, plaintiff was terminated due to inability to perform the necessary functions of his job. After completing written discovery and taking the plaintiff’s deposition, defendant was in a position to file for summary judgment. The trial court agreed with defendant and granted summary judgment.
Beginning in 2002, Dana Tucker Redwing managed and defended many cases for Fox Galvin clients in various areas, including commercial litigation, product liability, and employment law. Her work with Fox Galvin ended in 2009 when she answered the call of the Missouri Attorney General to serve as Chief Counsel for the eastern region of the Attorney General’s Office. As Chief Counsel, Dana managed the day-to-day operations of the St. Louis regional office of the Missouri Attorney General, including all attorneys and support staff. Dana also handled a full caseload, including investigating and defending state and federal employment discrimination matters and other litigation Having completed her service to the State of Missouri and the Attorney General’s Office, Dana now returns to private practice with Fox Galvin as a partner. She will continue defending our clients in various areas. Welcome back, Dana!
Fox Galvin, LLC will be a sponsor at the Inland Marine Expo (IMX) which will be held May 10-12, 2016 at America Center Convention Complex, St. Louis, MO. The Inland Marine Expo is the annual trade show for the inland and intra-coastal marine transportation industry. At the show, you will find equipment and services that are critical in the movement of goods along these waterways. Please visit http://inlandmarineexpo.com/(http://inlandmarineexpo.com/) for more information on the Expo.
Fox Galvin, LLC is pleased to announce that it has secured a Corporate LiveWire Award for 2016 for its knowledge of Product Liability. The Corporate LiveWire Global awards were developed to recognize the world’s leading businesses — firms, individuals and businesses that have demonstrated great achievements in the past 12 months. Annually, an elite group is chosen to be honored and acknowledged for their impressive performance. Fox Galvin, LLC is one of six St. Louis firms to achieve the award. The Global Awards Guide champions those who lead from the front. Across a spectrum, the awards honor those who consistently show best practice in every aspect of their work. Jake Powers, Award Director of the 2016 Global Winners Guide is elated with the stature of this year’s winners. Commenting on the vigorous level of competition this year, Jake said: “l can see many individuals and companies that have overcome the economic challenges to really stand on top. To win a Corporate LiveWire Global Award is an achievement to be proud of and I wish the winners continued success”.
According to Corporate LiveWire, each individual and company nominated were put under great scrutiny by the Judging Panel, setting its sights firmly on the most client-focused and dedicated teams and individuals. Each winner was handpicked based on merit and has shown excellence, great performance and dedication over the course of the year.
Sarah Mangelsdorf will be presenting on Legal Considerations for Stormwater Management for the MWEA Watershed/Watershed Management Conference at the Marriott.
Richard Korn and Mike Donelson obtained a defense verdict in favor of their clients, a psychiatrist and his corporation, in a four-day medical malpractice, wrongful death trial in Madison County, Illinois. The presiding judge was the Honorable Dennis R. Ruth.
In the case, the plaintiff alleged that her husband of sixteen years committed suicide as a result of negligent care and treatment provided by Richard and Mike’s client. In particular, it was alleged that the defendant psychiatrist overprescribed the prescription drug Alprazolam (aka Xanax) to the decedent over a period of several years and that, as a result, the decedent committed suicide by way of a self-inflicted gunshot to the head. The plaintiff’s expert witness, who was board certified in both psychiatry and addiction psychiatry, claimed that because of the decedent’s long-standing use of Xanax, he became dependent on increasingly higher doses over the years. He also claimed that the decedent required the drug in order to avoid withdrawal symptoms, including but not limited to irritability. Consequently, on the morning of his death, after he argued with his wife, and experiencing “Xanax withdrawal,” he took his own life.
Richard and Mike developed a theme in the case which demonstrated that the decedent suffered from a nearly life-long mental illness, a disease just like cancer and diabetes. The defendant psychiatrist provided quality psychiatric care to the decedent for over nine years, including psychotherapy (cognitive, behavioral and supportive therapy), referrals to additional counseling, and the prescription of various medications. The care and treatment helped the decedent manage, cope with, and live with his disease during the nine years of their physician-patient relationship. Indeed, despite numerous suicidal and homicidal threats over the years, the decedent never took his own life, in part because of the care being provided by Richard and Mike’s client. Ultimately, the decedent took his own life, not because of the prescription drug Xanax or because of any other act or omission of the defendant. Rather, the decedent succumbed to his mental illness.
The Madison County, Illinois jury of six men and six women deliberated for only two hours before reaching a unanimous defense verdict.
Bart Sullivan will be speaking at the American Conference Institute’s 19th Annual Drug and Medical Litigation Conference, December 5-7 in New York City. This conference is marketed as being “the only event which brings together an exceptional in-house presence on the faculty, the top defense firms representing biopharmaceutical and medical device companies, experienced jurists from around the country, the FDA, and the DOJ. Designed for both networking and masters-level strategy sharing, this is the leading forum at which to learn winning life sciences products liability litigation strategies.” For more information about the conference, please visit: http://drugandmed.com/.
Fox Galvin, LLC will, once again, be a sponsor of the American Conference Institute’s 21st Annual Drug and Medical Litigation Conference, December 5-7 in New York City. This conference is marketed as being “the only event which brings together an exceptional in-house presence on the faculty, the top defense firms representing biopharmaceutical and medical device companies, experienced jurists from around the country, the FDA, and the DOJ. Designed for both networking and masters-level strategy sharing, this is the leading forum at which to learn winning life sciences products liability litigation strategies.” For more information about the conference, please visit: http://drugandmed.com/.
Sarah Mangelsdorf has been named Vice Chair of the Missouri Bar’s Administrative Law Committee. Sarah concentrates her practice in environmental and administrative law. For several years, Sarah has provided legal counsel to numerous governmental agencies on a variety of matters pertaining to environmental law and policy, administrative law, energy efficiency, and hazardous substances in the workplace. As a former Assistant Attorney General in the Agriculture and Environmental Division, Sarah litigated cases involving various Missouri environmental laws and regulations.