Salt Lake City, UT
Litigation Lawyer at Salt Lake City, UT
Practice Areas: Litigation, Medical Malpractice ... +4 more
OUTCOME: Certified question from federal court decided in favor of plaintiffs.
The Utah Supreme Court unanimously held that a statute prohibiting negligent credentialing as a cause of action was not retroactive. The case sets up a challenge for whether or not the legislative pro ... scription is an unconstitutional abrogation of an existing common law remedy.
OUTCOME: The injury victim will get a new trial, and Utah law on jury selection reinforces fairness.
A technicality called the "cure or waive" rule prevented a paralyzed woman from ensuring that she had a fair and impartial jury, and an incorrect instruction was given, resulting in a hospital getting ... away with breaking her back.
OUTCOME: Clarified Utah law on expert witnesses.
The Utah Supreme Court adopted the "status based" approach to requiring written reports from physicians. As a general rule, treating physicians are excluded from the written report requirement.
OUTCOME: Settlement for Policy Limits ($500,000.00)
Defendant Driver, a minor, was entrusted with vehicle owned by corporate defendant and collided with a tree following a late night party at a secluded cabin. Minor Plaintiff sustained head trauma in t ... he accident and was left unattended by Defendant Driver. Plaintiff was taken to the hospital where imaging revealed diffuse trans axonal shearing injuries. Plaintiff later experienced severe anterograde and retrograde amnesia. She was unable to remember anything for a month before the accident or two months after the accident. Defendant driver later pleaded guilty to fleeing the scene of an accident, possession of drug paraphernalia, and reckless driving.
OUTCOME: $2,500,000 Settlement
Hospital employed physician failed to properly respond to signs of fetal distress, resulting in hypoxic ischemic encephalopathy and cerebral palsy.
OUTCOME: $1,100,000 Settlement
Surgeon placed an obese patient with documented sleep apnea on a PCA Pump along with basal rate opiate analgesics without adequate instruction or patient supervision. Hospital employee pre-charted her ... shift and failed to monitor patient over night. Patient suffered respiratory failure and death.
OUTCOME: $4,000,000 Settlement
Hospital employee negligently failed to monitor intracranial pressures in a pediatric hydrocephalic patient, resulting in catastrophic brain injury.
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