CONTACT INFORMATION:

606-776-2579
jwright@tmslawplc.com

STAFF CONTACT:

Amy Gilmet
502-357-1901
agilmet@tmslawplc.com

Joey A. Wright, Partner

At Thompson Miller & Simpson, Joey represents some of the nation’s largest healthcare providers in highly complex matters.

He defends hospitals and physicians in complex litigation involving negligence, credentialing, and novel vicarious-liability theories, major manufacturers against claims of product liability, and healthcare professionals before licensing agencies, all with a particular emphasis on appellate matters. He also advises healthcare clients on credentialing/privileging best practices and proper medical documentation.

He graduated from the University of Kentucky with a degree in Materials Engineering and received his J.D. from the University of Kentucky College of Law. Prior to joining TMS, Joey clerked for John D. Minton, Jr., Chief Justice of the Kentucky Supreme Court.

Joey has been highly involved in the Kentucky and Louisville bar associations. He is a current member of Kentucky’s eCourts Project Management Committee, has served on the Kentucky Bar Association Young Lawyers Division Executive Committee, was Co-Chair of the Sustainability of Legal Practice Working Group on the Kentucky Bar Association’s Commission on the Future of the Legal Profession, and served as Vice-Chair of the Louisville Bar Association’s Appellate Law Section. In addition, Joey has been very involved in the Louisville community, serving on various charitable boards and participating in Leadership Kentucky’s Elevate Kentucky program.

In his spare time, Joey enjoys backpacking, fly fishing, tying flies, woodworking, and spending time with his three dogs and his wife, who is an attending interventional radiologist at the University of Louisville.

Representative Cases & Opinions

• Mr. Roof of Louisville, LLC v. Estate of Henry, et al., 681 S.W.3d 115 (Ky. 2023). The Kentucky Supreme Court reinstated client’s summary judgment in novel interpretation of KRS 395.280. The Court held that one-year time limit applies to the substitution of deceased personal representatives, relying heavily on Joey’s research of KRS 395.280’s history.

• University Medical Center, Inc., et al. v. Schwab, 628 S.W.3d 112 (Ky. 2021). The Kentucky Supreme Court reinstated client's summary judgment in novel case of informed consent in a Phase I clinical trial.

• Jewish Hospital & St. Mary's Healthcare, Inc. v. Perry, 626 S.W.3d 509 (Ky. 2021) — For the first time, the Kentucky Supreme Court recognized a statutory peer review privilege, holding that hospital's root-cause analysis was privileged under 2018 amendment to KRS 311.377.

• Koch v. Thames Healthcare Group, LLC, 2021 WL 1940410 (6th Cir. May 13, 2021) - Sixth Circuit affirmed summary judgment in favor of Thames on FMLA retaliation and discrimination claims and Kentucky Civil Rights retaliation and discrimination claims stemming from an employee’s termination. Responsible for briefing and oral argument before Sixth Circuit.

• Rebecca Cundiff, as Executrix of the Estate of Phillip Cundiff v. Jewish Hospital, et al., 2019–CA-–0374; 2019–CA–0457, 2021 WL 1431855 (Ky. App. April 16, 2021) - Court of Appeals affirmed client’s summary judgment on vicarious liability stemming from actual and ostensible agency. In doing so, the Court of Appeals recognized that control is the primary focus of Kentucky’s actual agency analysis—clarifying decades of confusing case law. The Court also recognized that the hospital’s consent forms defeated any ostensible agency claim, especially when the patient did not see or interact with the physicians at issue.

  • The Court of Appeals’ holding and analysis was consistent with Joey’s article, Kentucky Agency Analysis—The Time has Come for Change in Ky. Common Defense.

• Appalachian Regional Healthcare v. U.S. Nursing, 824 Fed. Appx. 360 (Aug. 19, 2020) - obtained reversal of trial court’s decision on collateral estoppel. For first time, a court recognized that Kentucky law does not grant a co-defendant standing to object to or appeal from a co-defendant’s motion for summary judgment, thus there was no full and fair opportunity to litigate the issue and collateral estoppel/issue preclusion should not apply.

• Cabinet for Health and Family Servs., et al. v. Claycomb, 566 S.W.3d 202 (Ky. 2018) - filed amicus curiae brief in Kentucky Supreme Court on behalf of Kentucky Association of Health Care Facilities arguing Kentucky’s Medical Review Panel Act was constitutional.

• Lake Cumberland Reg’l Hosp., LLC v. Adams, 536 S.W.3d 683 (Ky. 2017) – Kentucky Supreme Court did not recognize separate tort for negligent credentialing and acknowledged the importance of bifurcation in actions involving hospital and physician negligence allegations.

• Catholic Health Initiatives, Inc. v. Wells, 2018 Ky. App. LEXIS 222, 2018 WL 3798562 (Ky. App. 2018) – part of appellate briefing team reversing $21 million jury verdict.

• Maguire v. Crook, Ky. Supreme Ct. Case No. 2018–SC–000290 – filed amicus curiae brief in Kentucky Supreme Court on behalf of Kentucky Defense Counsel, Inc., arguing expert proof is required for emotional-distress damages in negligence per se actions

• Waugh v. Parker, et al., Ky. Supreme Ct. Case No. 2018–SC–000405 – filed amicus curiae brief in Kentucky Supreme Court on behalf of Kentucky Defense Counsel, Inc., arguing Uniform Residential Landlord Tenant Act is inapplicable to personal injury cases.

  • Supreme Court issued published opinion adopting amicus position: Waugh v. Parker, et al., 584 S.W.3d 748 (Ky. 2019).

• Harkins, et al. v. House, et al., Ky. Supreme Ct. Case No. 2019–SC–000216; Campbell, et al. v. House, et al., Ky. Supreme Ct. Case No. 2019–SC–000217 – filed amicus curiae brief in Kentucky Supreme Court on behalf of Kentucky Defense Counsel, Inc., arguing that attorneys simultaneously representing organization and organization’s former employees do not violate ethical rules and should not be disqualified against clients’ wishes.

Publications & Presentations

• Kentucky Agency Analysis—The Time has Come for Change, Ky. Common Defense, Spring/Summer 2020.

• FDA 510(k) Modernization: Oxymoron or Reality?, DRI Medical Drug & Device Seminar, presented by W. Kennedy Simpson (co-author of materials)

• Legal Aspects of Social Media, Association of Corporate Counsel (Kentucky Chapter), March 5, 2019, presented by W. Kennedy Simpson (author of materials)

• Hospital Liability via Negligent Credentialing After Adams, Ky. Common Defense, Spring/Summer 2018.

• Developments in Healthcare Law, 2018 Kentucky Bar Association Annual Bar Convention

  • (1 hour CLE presentation regarding negligent credentialing and Kentucky’s Medical Review Panels Act)