Healthcare

In July 2017, Norm Prior and Brandi Turner got a favorable result in an invasion of privacy and Negligent Infliction of Emotional Distress claim involving a HIPAA violation. Porter Scott’s client published a donation solicitation letter which included a patient’s health history and sent it to a local community of 914 members. Plaintiff, a business owner of a local gym, claimed that the publication destroyed him emotionally and his business.  Although the defendant admitted liability, Plaintiff’s pre-trial demand started at $6M and later ended up at $10M after the MSC.  The case settled at the close of Plaintiff’s arguments for a confidential insignificant amount.

Jon Corr received a defense verdict in Lake County in a case involving an elderly female patient who fell while being assisted during transfer from bed to chair. Plaintiff alleged Professional Negligence and sustained a significant laceration on her leg with alleged permanent neurological injuries, including an alleged closed head injury with memory loss. The trial started January 19, 2017 and the jury returned a 9/3 defense verdict on February 16, 2017.

Defense verdict successfully obtained on behalf of local hospital.  A patient claimed severe permanent injuries to her leg arising from efforts to manage her pain following elective knee surgery as an outpatient.  While she was administered a femoral nerve block to counter pain after consultation, the patient later denied providing informed consent for the nerve block, and blamed the hospital, asserting claims of ostensible agency and medical malpractice.  She sought $1.425M in damages.  Jon Corr, on behalf of the hospital, successfully obtained a directed verdict on plaintiff’s claim of ostensible agency because the hospital was not required to obtain separate documentation of consent where the anesthesiologist had already done so. The jury also found no malpractice in just two hours of deliberation.  Mr. Corr was assisted by firm associate Adriana C. Cervantes.

Successfully represented retail-pharmacy in alleged prescription misfill case. Claim involved a minor who received anti-psychotic adult strength medication instead of his usual allergy medication. Child suffered a seizure and other complications as a result. Case was resolved at mediation.

Obtained summary judgment in favor of a retailer and pharmacist in pharmacy malpractice claim. After plaintiff and his caregiver exhibited threatening and menacing behavior, the retailer deactivated plaintiff’s prescription in its computer system, forcing plaintiff to find another pharmacy to refill his prescription. Plaintiff sued for malpractice over the deactivation of his prescription and the delay in refilling it. The court granted judgment in favor of the retailer and the pharmacist.