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TRINITY v HENRY FORD HEALTH SYSTEMS
COURT: WAYNE COUNTY CIRCUIT COURT
ATTORNEYS: Bruce E. Bigler/Lori A. Barker/Diane K. O’Leary
This case was a contractual indemnity/contribution case filed by a Health Care Corporation that had settled a twin birth trauma case for 3.4 million dollars. Plaintiff Health Care Corporation sought contractual indemnity and contribution from the defendant Health Care Corporation whose resident on out rotation provided care to a patient at Plaintiff’s hospital. The proofs were multi-tiered, involving issues of medical malpractice, breach of contract and contribution. A jury verdict of no cause was rendered when it found that no part of the settlement had been paid on behalf of the doctor resident.
WILLETT v BAY REGIONAL MEDICAL CENTER
COURT: BAY COUNTY CIRCUIT COURT
ATTORNEY: Bruce E. Bigler
Plaintiff alleged a failure to diagnose and treat an arterial occlusion to the lower extremities. Plaintiff underwent a below the knee amputation and became disabled. The hospital successfully argued that all nurses and hospital personnel appropriately treated the Plaintiff. There was a defense verdict despite the jury reaching their decision on Christmas Eve.
SHAW v MCKENZIE MEMORIAL HOSPITAL
COURT: SANDUSKY COUNTY CIRCUIT COURT
ATTORNEYS: Bruce E. Bigler/Lori A. Barker
Plaintiff was a five year old with severe cerebral palsy and mental retardation. The minor Plaintiff was delivered via vaginal delivery after a C-section. Plaintiff claimed that the fetus suffered from hypoxia ischemia prior to delivery. The defense argued that the mother’s uterus ruptured minutes before delivery without warning. The jury unanimously agreed that there was no violation of the standard of care by the doctors and nurses. They returned a verdict for the defense.
CLARK v ST. LUKE’S HOSPITAL
COURT: SAGINAW COUNTY CIRCUIT COURT
ATTORNEYS: Bruce E. Bigler/Lori A. Barker
Plaintiff alleged that during a traumatic delivery, minor Plaintiff developed a shoulder dystocia that resulted in a severe brachial plexus injury. There was also a claim that the young girl was mentally retarded and suffered from mild cerebral palsy. The delivery was videotaped by the father of the minor Plaintiff. Careful frame by frame dissection of the videotape revealed that the injured shoulder was not the shoulder subject to the dystocia. The jury agreed and further found that the child was not mentally retarded and did not have cerebral palsy.
WOOLRIDGE v GRACE HOSPITAL, et al.
COURT: WAYNE COUNTY CIRCUIT COURT
ATTORNEYS: Bruce E. Bigler/Diane K. O’Leary
This is another shoulder dystocia case wherein the minor Plaintiff sustained a moderate to severe brachial plexus injury. Plaintiff alleged that the difficult delivery should have been anticipated and when the dystocia occurred, improper rescue tactics were used by the obstetrician. The defense argued that the shoulder dystocia could not have been reasonably anticipated and when it occurred, maneuvers that were performed were appropriate and timely. The jury found no cause of action.
DAVIS v BAY MEDICAL CENTER
COURT: BAY COUNTY CIRCUIT COURT
ATTORNEY: Lori A. Barker
Plaintiff claimed nursing negligence against the hospital. Plaintiff suffered a cervical spine injury resulting in paralysis and eventual death. Plaintiff alleged that the absence of any nursing notation for a two day period was evidence of negligence, improper care and failure to closely monitor a neurosurgical patient. The jury found no cause of action.
ANDERSON v HENRY FORD HEALTH SYSTEMS
COURT: WAYNE COUNTY CIRCUIT COURT
ATTORNEYS: Bruce E. Bigler/Diane K. O’Leary
Plaintiff alleged an untimely delivery resulted in a ruptured uterus and an inability to have further children. The defense argued that the obstetrician acted reasonably under the circumstances and that the injuries were unavoidable. The jury returned a verdict in favor of the obstetrician and the hospital.
KIEHLE v ST. LUKE’S HOSPITAL
COURT: SAGINAW COUNTY CIRCUIT COURT
ATTORNEY: Lori A. Barker
Plaintiff alleged a rotator cuff injury as a result of nursing negligence in positioning the patient post-surgery. The Plaintiff claimed to have a frozen shoulder resulting in a loss of employment and inability to do daily activities. The jury found no cause of action.
ATTORNEYS AT LAW DEDICATED TO MEDICAL MALPRACTICE DEFENSE
LOWE v RIVERSIDE OSTEOPATHIC HOSPITAL
COURT: WAYNE COUNTY CIRCUIT COURT
ATTORNEYS: Bruce E. Bigler/Lori A. Barker
Minor Plaintiff suffered brain damage during a Cesarean section delivery. Plaintiff argued that a C-section should have been ordered sooner due to variable decelerations in the fetal heart rate and failure to progress in labor. The defense demonstrated that there was no medical justification for an earlier C-section and that the brain damage to the child was from an unforeseeable and unpredictable umbilical cord accident. The Plaintiff’s more than 200 million dollar request from the jury was deemed unreasonable by the finder of fact who returned a verdict exonerating two of the three named defendants and awarded only a fraction of the pretrial demand for the third. The hospital administrator was more than pleased with the result.
SHERIDAN v WEST BLOOMFIELD NURSING CARE CENTER
COURT: OAKLAND COUNTY CIRCUIT COURT
ATTORNEY: Lori A. Barker
Plaintiff alleged a failure to properly transfer a paralyzed patient following a stroke, resulting in a fracture of a hip and knee and ultimately her death. The Plaintiff failed to establish any prima fascia case of negligence claiming rasa ipsa. The court eventually granted a directed verdict after a four hour hearing on a motion for the same.
PEAKE v ST. MARY’S HOSPITAL
COURT: SAGINAW COUNTY CIRCUIT COURT
ATTORNEY: Lori A. Barker
Plaintiff alleged failure to properly prophylaxe a 32 year old trauma victim against deep vein thrombosis, resulting in the patient’s death from massive saddle pulmonary embolus. A patient was being wheeled out of his room and being discharged. The defense was able to convince the jury that the risk of a bleed from unknown trauma, given the patients massive morbid obesity which limited diagnostic evaluation, created a greater risk of prophylaxes than benefit. The jury found no cause of action against either the doctor or the hospital.
PARR v HENDERSON, M.D.
COURT: GENESEE COUNTY CIRCUIT COURT
ATTORNEY: Lori A. Barker
Plaintiff alleged that the orthopedic surgeon advanced a tibial interference screw too far into the joint during a ligament reconstruction surgery causing significant and permanent knee damage and residual disability. The defense argued that the surgical repair had no evidence of malpractice and plaintiff’s post-surgical fall and that general deterioration of the joint was not related to her surgery. The jury found no cause of action.
BOWERS v NORTH OAKLAND MEDICAL CENTER
COURT: OAKLAND COUNTY CIRCUIT COURT
ATTORNEY: Bruce E. Bigler
This was a birth trauma case that allegedly resulted in mental retardation and mild cerebral palsy. The defense argued that neither the doctor of the hospital was responsible and that the injury likely resulted from events occurring prior to the onset of labor. All defendants were exonerated. The jury returned a no cause.
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