L&G Wraps Up the Year with 3 Big Trial Victories

Pam Gellen and Bryan Larsen, with the help of Kevin Clancy and associates Paul Struebing and Curtiss Schreiber, got a defense verdict, after a nearly 4 week trial against Clifford Law Offices (Bradley Cosgrove, Richard Burke and Kim Halverson). The plaintiff asked the jury for over $20 milion. Pam and Bryan defended a pathologist who was alleged to have missed an abnormality on a Pap smear in 2002. The case had been pending for 10 years.

Mike Code and Simon Hill secured a defense verdict on behalf of an orthopedic surgeon and his practice group following claims by the 65-year-old plaintiff that the surgeon negligently performed two surgeries to treat the plaintiff’s infected hip prosthesis. After Mike and Simon successfully argued in pre-trial motions that many of the plaintiff’s claims and alleged damages should be barred, the plaintiff was forced to proceed on the sole claim that the surgeon failed to pursue chronic antibiotic suppression therapy instead of surgery and, therefore, the subsequent surgeries to treat the infection were unnecessary. The jury deliberated for less than 30 minutes before it returned a verdict in favor of the defendants.

Andrea Kott, Jim Bream and Patrick Viktora, with the assistance of the firm’s newest associate, Leighanne Root, successfully defended a case brought on behalf of a 66-year-old decedent who left a wife and six adult children. The decedent suffered respiratory and cardiac arrest when his temporary oxygen tank ran out of gas less than two hours following his discharge from the hospital. The Court permitted both a vicarious liability claim and an institutional negligence claim to go to the jury. The jury deliberated for under three hours after two and a half weeks of trial.