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.