Appellate Practice
University Medical Center, Inc., et al. v. Schwab, __ S.W.3d __, 2021 WL 3828487 (Ky. Aug. 26, 2021). The Kentucky Supreme Court reinstated client's summary judgment in novel case of informed consent in a Phase I clinical trial.
Obtained affirmance of trial court verdict for physician where plaintiff contended that demonstrative exhibit was improperly withheld from the jury during its deliberations.
Obtained affirmance of summary judgment for defendant physician on basis of argument that physician had never commenced or agreed to commence treatment relationship with plaintiff, even though physician was "on call" for her medical group at the time.
Obtained affirmance of trial court verdict for hospital in case involving allegation of failure to diagnose ruptured appendix, where plaintiff claimed attending physicians were agents of the hospital.
Filed amicus curiae brief on behalf of surgeons' group in Kentucky Supreme Court in case involving Court's reconsideration and rejection of the "per se negligence" rule for retained foreign bodies during surgery.
Filed amicus curiae brief in Kentucky Supreme Court in appeal challenging Kentucky's refusal to extend protection from discovery to medical peer review documents.
Kentucky Supreme Court affirms verdict in obstetrical case on novel evidence issues. The Kentucky Supreme Court affirmed a TMS Laurel County defense verdict and held: (1) admission of plaintiff's settlement with co-defendant physicians was proper impeachment where opinions of plaintiff’s experts’ changed following settlement; and (2) jury could be told that expert witness had been retained by plaintiff where defendant offered that expert’s testimony at trial.
Federal appellate remand of safety product case. The Sixth Circuit vacated an order remanding to state court, affirming removal on jurisdiction.
Appellate asbestos victory. The Kentucky Court of Appeals affirmed a defense verdict obtained by TMS in favor of a Fortune 10 manufacturer in a mesothelioma case.
Favorable appellate opinion re prohibition writ. Plaintiff sought a writ of prohibition to set aside a discovery order protecting a chemical manufacturer from responding to discovery until plaintiff could prove that the decedent worked at the manufacturing facility. TMS successfully defended denial of the writ in both the Kentucky Court of Appeals and the Kentucky Supreme Court.