Recent Case Reports

Case Name: Tindle v. Otto, M.D.

Case Number: 103CC2932

Venue: Greene County , Missouri

Judge: J. Miles Sweeney

Plaintiff's Attorney: Brad Bradshaw, M.D., J.D, Springfield , MO

Dates of Trial: 1/20/2005-2/8/2005

Allegations: Alleged failure to perform timely C-section following decelerations on fetal heart tracing.

Settlement Demand: On 1/21/05, Plaintiff demanded $400,000 for settlement with defendant Otto. After that offer expired, plaintiff made another demand for the policy limits of one million dollars. A follow-up letter from plaintiff's counsel indicated that he had been instructed not to pass along to his clients any settlement offer below $750,000.

Outcome: Jury returned unanimous verdict for defendant.

Case Name: Hickman v. Branson Ear, Nose & Throat

Case Numbers: 03CV786260-01 ( Christian County ) , SD27648 (Mo Ct. of Appeals)

Venue: Christian County , Missouri

Judge: James Eiffert

Plaintiff's Attorney: Steve Garner, The Strong Law Firm, Springfield , MO

Dates of Trial: 1/23/2006-1/25/2006

Allegations: Failure to perform total thyroidectomy

Settlement Demand: Plaintiffs offered to settle on January 10, 2006 for $250,000. Defendant refused to consent to settlement.

Outcome: Defendant rested, putting on no evidence following plaintiff's failure to elicit testimony from their expert that met the legal definition of standard of care. Jury returned a verdict for plaintiffs in the amount of $309,644.97. The Missouri Court of Appeals, Southern District Case reversed and remanded the case to the trial court for a new trial. Plaintiffs have filed an appeal with the Missouri Supreme Court which is still pending.

Case Name: Joy v. Morrison, M.D., et. al.

Case Number: 103CC1819 ( Greene County ), SD28084 (Mo Ct. of Appeals)

Venue: Greene County , Missouri

Judge: J. Miles Sweeney

Plaintiff's Attorney: David Ransin, Springfield , MO

Dates of Trial: 6/19/06-6/30/06

Allegations: Failure to diagnose compartment syndrome or a blood clot within plaintiff's leg following saphenous vein harvesting during cardiac artery bypass procedure.

Settlement Demand: Plaintiffs offered to settle on April 27, 2006 for $1.5 million. Defendant refused to consent to settle.

Outcome: Jury returned unanimous defense verdict. On appeal to Missouri Court of Appeals, Southern District.

Case Name: Lawrence v. Arunakul, M.D., et. al.

Case Number: 05AF-CV00021

Venue: Taney County , Missouri

Judge: James Eiffert

Plaintiff's Attorney: Jim Newberry, Springfield , MO

Dates of Trial: 8/28/2006-8/30/2006

Allegations: Failure to obtain CT scan of decedent's head following acute myocardial infarction with subsequent administration of thrombolytics. Plaintiff had fallen from standing height due to acute MI and plaintiff alleged decedent suffered a head injury.

Settlement Demand: No formal offer of settlement was extended. Defendant refused to consent to settle.

Outcome: Jury returned unanimous defense verdict.

Case Name: Ogle v. Bettasso, M.D.

Case Number: 06AO-CC00117

Venue: Jasper County , Missouri

Judge: Gayle Crane

Plaintiff's Attorney: Thomas Hayes, Pittsburg , KS

Dates of Trial: 3/19/2007-3/22/2007

Allegations: Failure to diagnose retroperitoneal hematoma following plaintiff's hospitalization for pneumonia and atrial fibrillation and administration of anticoagulants.

Settlement Demand: No formal offer of settlement was extended. Defendant refused to consent to settle.

Outcome: Jury returned unanimous defense verdict.

Case Name: Moss-Early v. Woody, D.D.S.

Case Number: 04CV684713

Venue: Jasper County , Missouri

Judge: David Dally

Plaintiff's Attorney: Scott Vorhees, Joplin , MO

Dates of Trial: 5/16/2006-5/19/2006

Allegations: Negligent installation of LVI bridge and failure to timely diagnose caries resulting in root canal.

Settlement Demand: Plaintiff offered to settle the case for $45,000 on 3/13/2006. Defendant refused to consent to settle.

Outcome: Jury returned verdict for plaintiff in the amount of $7,980, the cost of her subsequent dental care only.

Case Name: Walker v. Ellefsen, D.O.

Case Number: 03CV679519

Venue: Jasper County , Missouri

Judge: David Dally

Plaintiff's Attorney: Kirk Presley , Kansas City, MO

Dates of Trial: 4/10/06-4/12/06

Allegations: Negligent total hip arthroplasty

Settlement Demand: Plaintiff offered to settle for $150,000 on 3/13/2006. Defendant refused to consent to settle.

Outcome: Jury returned verdict for plaintiff in the amount of $32,788.47 the cost of plaintiff's subsequent hip replacement only.

Case Name: Baumgartner v. Sac River Stables, et. al.

Case Number: 104CC3482

Venue: Greene County , Missouri

Judge: Jason Brown

Plaintiff's Attorney: John Woodell, Springfield , MO

Dates of Trial: 9/11/2006-9/29/2006

Allegations: Negligent operation of horse-drawn wagon with multiple injuries.

Settlement Demand: $3 million

Outcome: Bruce Hunt represented Defendant Darrell Proctor individually, with separate counsel representing the co-defendant stable owned by Mr. Proctor. The day before trial commenced, plaintiffs' counsel contacted Mr. Hunt and proposed that in exchange for Mr. Hunt's immediate withdrawal and agreement not to participate in the jury trial, plaintiffs' would agree to not pursue any potential judgment in excess of the liability insurance policy limits. This agreement was memorialized in accordance with §537.065, V.A.M.S.

Case Name: Harris v. Lebanon I-44 Speedway

Case Number: 26V030400794

Venue: Laclede County , Missouri

Judge: William Hass

Plaintiff's Attorney: Bill Francis & Ryan Murphy, Placzek & Francis, Springfield , MO

Dates of Trial: 11/5/07-11/9/07

Allegations: Failure to use power screening equipment to sift dirt on race track.

Settlement Demand: $800,000

Outcome: Jury returned defendant's verdict and assessed costs to plaintiff.