Early Investigations Lead to Favorable Outcomes

Lowis & Gellen, LLP partner Scott Wolfe secured dismissals of his clients from two claims illustrating the importance of early investigation and preserving evidence. In both cases the clients immediately contacted Mr. Wolfe and Lowis & Gellen was on the scene of the incidents preserving evidence and interviewing witnesses. In the first case, a heating pad used in an out-patient therapy session malfunctioned causing severe burns on a young woman. The pad was secured and the manufacturer contacted that day. Joint testing was done within a week, which determined the fault was that of the manufacturer and the operator employed by the hospital committed no error. The hospital arranged for the injured patient to meet with multiple honest and capable attorneys to represent her interests. A settlement was achieved with the equipment manufacturer. The hospital was exonerated and did not have to contribute to the settlement. In the second case, a paramedic claimed he was injured when an emergency department’s automatic doors snapped shut on him allegedly causing a back injury. Within a week of the claimed incident he made a claim to the medical center’s legal affairs office. Lowis & Gellen worked with in-house counsel to secure security videos and had diagnostic testing performed on the doors. Tests showed the doors were working properly and videos showed the plaintiff did not appear to have suffered any injury at the medical center. Over the next two years the allegedly injured paramedic engaged nearly a dozen attorneys who threatened lawsuits against the medical center. Each time, Mr. Wolfe met with the attorneys, showed them the evidence amassed and the attorney dropped the claims. The paramedic then filed a pro se lawsuit representing himself. A judge threw out the case within weeks of its filing. For more information on the cases or for general information regarding Lowis & Gellen’s litigation and risk management practice please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.

Messrs. Robert H. Smith and Vito M. Masciopinto, with the assistance of Mark Baginskis and Deborah O’Brien, successfully defended an university hospital-based neurosurgeon, in a case involving a 62 year old woman who had undergone a femoral popliteal bypass, but suffered spinal anesthesia complications, including a loss of sensation and movement in her legs. The patient subsequently was paralyzed from the waist down, underwent a tracheostomy, and subsequent amputations of both legs. Medical expenses amounted to over 4 million dollars. The plaintiff alleged the neurosurgeon, who was not on staff at the hospital where the bypass procedure took place, provided a neurosurgical consultation, by accepting a call from a first year resident, without coming in to see, evaluate the patient or review her chart and MRI images. Defendant neurosurgeon denied a consultation took place; and the defense argued the phone call was only advice, not intended to be relied upon by the hospital. The plaintiff asked the jury for $21 million. After deliberating for 2 days, the jury returned a verdict in favor of the defendant.

Christopher Cahill’s article, “Some Cautions On Selling Your Claim Against a US Bankruptcy Debtor” has been published in the Canada-US Business Council Bulletin, Fall 2012 issue. The article discusses negotiating strategy and potential pitfalls for the claims seller, and relates these to differing judicial interpretations of the implications of claims sales as distinct from claims assignments. View Article