(816) 701-1100DEFENSE VERDICT IN WRONGFUL DEATH CASE WITH $1.95 MILLION PRETRIAL DEMAND
July 25, 2016Brandon Henry and Tom Rottinghaus successfully defended our clients, a local surgeon and medical group, in a jury trial in Jackson County, Missouri, in which the plaintiffs asserted claims of medical malpractice and wrongful death and sought damages in the amount of $2,465,347.24. Plaintiffs claimed that our clients were negligent for failing to fully repair the patient’s long-standing, giant ...
Continue ReadingDEFENSE VERDICT – RUPTURED APPENDIX COMPLICATIONS
August 27, 2013Jonathan Kieffer and Brandon Henry successfully defended a family practice physician in a five-day jury trial in Douglas County, Kansas, in which the plaintiff asserted a claim of medical negligence and sought $3.3 million in damages. The plaintiff claimed that our client was negligent by failing to appropriately work up and diagnose appendicitis during a visit to an urgent care ...
Continue ReadingDEFENSE VERDICT – POST-OP EPIDURAL HEMATOMA
August 9, 2013Jonathan Kieffer and Brandon Henry successfully defended a local orthopedic surgeon in a six-day Johnson County, Kansas, jury trial in which the plaintiff asserted a claim of medical negligence and sought $2.8 million in damages relating to permanent paralysis in his lower extremities. The plaintiff claimed that our client failed to timely diagnose and evacuate an epidural hematoma that developed ...
Continue ReadingIN THE 2003 NPM ADJUSTMENT PROCEEDINGS BEFORE AN ARBITRATION PANEL PURSUANT TO SECTION XI(C) OF THE MASTER SETTLEMENT AGREEMENT:
December 4, 2012In 2003, the major tobacco companies initiated arbitration against 46 states seeking contract adjustments of more than a billion dollars under the 1998 Master Settlement Agreement (“MSA”). For 2003, Kansas alone had more than $50 million at risk. After a highly competitive RFP process, Wagstaff & Cartmell was selected by the Kansas Attorney General’s office to ...
Continue ReadingSUMMARY JUDGMENT & DISTRIBUTION: BANKRUPTCY TRUSTEE LITIGATION
May 16, 2012Wagstaff & Cartmell’s client, FreeStream Capital LLC, a wind advisory and consultancy services company with offices in Houston and in London, was granted summary judgment in an action brought by a bankruptcy trustee in the U.S. District Court for the District of Kansas seeking $13 million under state law and bankruptcy code claims. The court also ...
Continue ReadingDEFENSE VERDICT – ALLEGED NEGLIGENT PLACEMENT OF A COMPONENT DURING A HIP REPLACEMENT SURGERY
January 27, 2012Marc Erickson and Vanessa Gross successfully defended our client, a local orthopedic surgeon, in a jury trial in which the plaintiff alleged that negligent placement of a component during a total hip replacement surgery caused subsequent dislocations and subsequent revision surgeries. In a total hip replacement surgery, an acetabular component (which resembles a cup) is placed in the acetabulum ...
Continue ReadingJUDGMENT ON PLEADINGS IN BILLING PRACTICES CASE
December 30, 2011The Circuit Court of Jackson County, Missouri, granted a motion for judgment on the pleadings filed by Wagstaff & Cartmell on behalf of Saint Luke’s Hospital of Kansas City. The court dismissed the case, in which plaintiffs were attempting to bring a class action to challenge certain billing practices. Wagstaff & Cartmell and Saint Luke’s had previously ...
Continue ReadingAPPELLATE SUCCESS IN IMPORTANT SPOLIATION CASE
November 22, 2011In a much-anticipated opinion addressing the issue of spoliation of evidence, the Kansas Supreme Court recently ruled in favor of our client, Ferris Kimball Company, LLC. The court held that no tort claim for spoliation existed under Kansas law for the plaintiff, Superior Boiler Works, Inc., against our client for having destroyed old business records. Superior ...
Continue ReadingDEFENSE VERDICT – ALLEGED FAILURE TO DIAGNOSE AND TREAT TUBO-OVARIAN ABSCESS DURING PREGNANCY
October 13, 2011Brandon Henry and Sarah Ruane successfully defended our client, a local obstetrician/gynecologist, in a jury trial in which the plaintiffs made claims of alleged failure to diagnose and treat an infectious process in a patient during pregnancy. The plaintiffs, a mother and minor child, alleged that our client, based upon a concern about an ongoing infectious process in the ...
Continue ReadingDEFENSE VERDICT – PERFORATION TO ESOPHAGUS DURING ESOPHAGEAL DILATION
August 5, 2011Marc Erickson and Brandon Henry successfully defended our client, a gastroenterologist, in a jury trial in Jackson County, Missouri. The patient had been diagnosed with esophageal cancer and our client was performing an esophageal dilation when he unintentionally perforated the patient’s esophagus. As a result of the perforation, the patient underwent multiple surgeries. The patient died nine months ...
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Wagstaff & Cartmell, LLP
4740 Grand Avenue, Suite 300 Kansas City, MO 64112
Phone: (816) 701-1100
Fax: (816) 531-2372
