Helping health professionals for over 25 years.

Recent Case Results

Roy Rusha v four physician defendants and one physician assistant

Area of Law:
Medical Malpractice

Venue:
Wayne County Circuit Court (2015)

Verdict:
Summary Disposition granted on the eve of trial

Details:
Plaintiff was allegedly diagnosed with possible MS and seizure disorder in 2010 prior to his second incarceration with the Michigan Department of Corrections. Plaintiff alleges several physicians failed to properly treat his alleged MS and/or seizure disorder. Defendants maintain plaintiff did not meet the criteria for MS and was simply drug seeking. Defendants also allege the proper diagnosis was pseudo seizure which is a psychiatric diagnosis that is best treated through a psychiatrist. Defendants additionally argued this was a lost opportunity case and plaintiff was unable to prove that the alleged damages were more than 50% caused by the actions or inactions of defendant physicians. After a dozen or more depositions, several briefs and a summary disposition motion the court agreed and dismissed the case 45 days before trial.

Attorneys:
Ronald Chapman
Carly Van Thomme


Estate of Matthew Luther v Several Correctional Physicians

Area of Law:
Medical Malpractice Defense 
Correctional Law

Venue:
Ionia Circuit Court (2014)

Verdict:
Settled for very low 5 figure amount

Details:
The estate of a 29 year old inmate filed suit alleging that several correctional physicians failed to properly treat epilepsy causing the inmates death. The inmate suffered from panic attacks, night terrors, and occasionally would act as if he was having an absence seizure. During his youth there was one positive EEG for epileptic form activity. The correctional physicians changed his medication on complaints from the inmate removing Tegretol and Dilantin and replacing them with Neurontin 400 mg BID and referred him to the psychiatrist for treatment of the underlying psychiatric condition. The inmate obtained little relief and after a year of treatment was found unresponsive. The autopsy stated the cause of death to be cardiac arrest secondary to seizure activity. We retained several leading experts in cardiology, neurology and family practice. Plaintiffs demanded high six figure settlement. The case was finally settled with a confidential settlement in the very low 5 figures.

Attorneys:
Ronald Chapman
Kimberley Koester


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


Estate of Emmett Weatherspoon v Client

Area of Law:
Medical Malpractice Defense 

Venue:
Michigan Court of Appeals

Verdict:
Overturned an erroneous decision by the lower court

Details:
The common-law standard of care applies to malpractice actions against nurses. Therefore, the applicable standard of care is the skill and care ordinarily possessed and exercised by practitioners of the profession in the same or similar localities. The trial court’s analysis focused on whether the medical care Weatherspoon received was premised on an illegal standard of care, and as such, constituted cruel and unusual punishment. But the case was not based on an allegation of an Eighth Amendment violation. It is based on a claim of medical negligence. The Court of Appeals pointed out the differences between healthcare standards of care in a traditional setting and in a correctional setting, noting that there are extra concerns in the correctional setting. The Court of Appeals overturned the lower court’s order for a new trial and the jury verdict of No Cause was reinstated.

Attorney:
Ronald Chapman


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


Christine Lee Schneemilch et al v Clients

Area of Law:
Medical Malpractice Defense 

Venue:
Washtenaw Circuit Court / 6th Circuit Court of Appeals

Verdict:
Dismissed

Details:
Plaintiff alleged clients misread a mammogram, resulting in delay in diagnosing breast cancer. We argued that Plaintiff failed to allege proximate cause and the trial court granted our Motion for Summary Disposition. Plaintiff appealed and the Court of Appeals issued an unpublished opinion upholding the trial courts dismissal of our clients. The Court of Appeals stated that Plaintiff’s Affidavit of Merit is insufficient to show proximate cause because it did not precisely describe the manner in which breach, if standard, was the proximate cause of Plaintiff’s injury.

Attorneys:
Ronald Chapman
David Mammel


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


Harry Richmond v Clients

Area of Law:
Medical Malpractice Defense

Venue:
Lapeer County Circuit Court

Verdict:
No Cause of Action

Details:
Plaintiff brought suit alleging that client’s administration of Amiodarone (anti-arrhythmic), prescribed to maintain patient’s abnormal heart rate, caused or worsened a pre-existing pulmonary fibrosis condition, resulting in death. It was argued there is insufficient medical evidence that Amiodarone causes pulmonary toxicity or exacerbated patient’s pulmonary fibrosis; and, physician was well within the standard of care to prescribe Amiodarone having knowledge of patient’s serious pulmonary condition. The jury returned a verdict of No Cause of Action on behalf of our clients.

Attorney:
Randall Juip


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


Walter Rycerz and Brooke Rycerz v Clients

Venue:
St. Clair County Circuit Court

Verdict:
Dismissed

Details:
Plaintiff fell on ice and severely re-fractured his lower leg. Plaintiff alleges that clients failed to properly treat his fractured leg. Plaintiff had a very difficult fracture to repair and clients did not breach any standard of care during his treatment nor did clients act negligently or cause Plaintiff’s damages. The judge dismissed the case with prejudice.

Attorney:
Randall Juip


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.

 


Estate of Dorothy Johnston, Dec. v Client

Area of Law:
Medical Malpractice Defense

Venue:
St. Clair County Circuit Court

Verdict:
No Cause of Action

Details:
Plaintiff alleges that had client diagnosed a surgical abdomen earlier, Plaintiff’s decedent would not have died following surgery which discovered a cancerous tumor invading the bowel. Patient presented in ER with abdominal pain and was under client’s care for two days. It was argued that client’s actions on day one of patient hospital stay were not negligent and when patient began showing clinical signs of surgical abdomen on day two, client acted appropriately. Had client diagnosed and ordered surgery for a surgical abdomen one day earlier, the probability of the outcome being different was low. Plaintiff’s decedent’s death was more the result of her age and health condition and not a result of client’s actions. A jury reached a verdict of No Cause of Action after just 11 minutes of deliberating.

Attorneys:
Ronald Chapman
Randall Juip


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


Dawn Nason v Clients

Area of Law:
Medical Malpractice Defense

Venue:
Macomb County Circuit Court

Verdict:
No Cause of Action

Details:
Plaintiff alleges that during a breast augmentation surgery, client left a sponge in her body leading to a massive infection. Plaintiff underwent breast augmentation with client and later underwent additional breast augmentations with a different surgeon. The second surgeon found a surgical sponge which he testified was left from client’s surgery on Plaintiff. Plaintiff was unable to overcome the burden of proof required to show a continued chain of causation between the alleged negligence and damages claimed. The jury returned a verdict of No Cause of Action on behalf of our clients.

Attorneys:
Ronald Chapman
Randall Juip


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


Estate of Jeannette Brookshire, Dec. v Clients

Area of Law:
Medical Malpractice Defense

Venue:
Washtenaw County Circuit Court

Verdict:
No Cause of Action

Details:
Plaintiff alleges that clients failed to timely evaluate and determine cause of anemia, right thyroid nodule and bilateral masses, leading to the death of Plaintiff’s decedent from non-Hodgkin’s Lymphoma. We filed a Motion for Summary Disposition and were denied. We successfully appealed and the case was returned to the trial court. It was argued at trial that clients, internal medicine physicians, were well within the standard of care having referred patient to specialist and having relied on recommendations, advice and treatments made by specialists. The jury returned a verdict of No Cause of Action on behalf of our clients.

Attorney:
Ronald Chapman


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


Estate of Christopher Cassidy, Dec. v Client

Area of Law:
Medical Malpractice Defense

Venue:
Wayne County Circuit Court

Verdict:
No Cause of Action

Details:
Patient was a 16-year-old boy who died from meningitis. Plaintiff alleges that client, an emergency room physician, failed to timely diagnose and treat son’s Fulminant Meningococcal Meningitis. It was argued that medical intervention could not have saved patient and that client was well within the standard of care having diagnosed and begun treatment within 2 hours of patient presenting to ER. The jury returned a verdict of No Cause of Action on behalf of our clients.

Attorneys:
Ronald Chapman
David Mammel


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


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