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Healthcare - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Permanent Spine Injury
  • Las Vegas, Nevada
  • Defendant; Physical Therapist
  • Kathleen Duggan
  • Provided consulting in a case involving allegations against a Spine and Sports Medical facility in which the physical therapist was sued for negligence and the medical director and clinic owners on theories of vicarious liability for allegedly causing a permanent spine injury, job loss, and lost wages of a 32-year old mother of four. Other defendants included additional medical directors and a former clinic owner M.D.

  • The demand was for three quarters of a million. This case was eventually resolved favorably for the client via a confidential settlement.

  • Upper Dental Arch Damaged by Laser During Orthodontic Treatment
  • Santa Clara County Superior Court
  • Defendant; Dentist
  • Kathleen Duggan
  • Defended a physical therapist a in a case involving an alleged laser injury to the upper arch in which claims were made by the plaintiff that his upper maxillary arch had been burned and damaged by the use of a laser during orthodontic treatment by the treating dentist, including loss of the mandibular arch and bone and his two front teeth. Because the case involved issues of laser technology, Ms. Duggan has become adept at laser technology and information which is fast-becoming used in hospitals and medical clinics world-wide.

  • With an original demand of $250,000, a confidential settlement was achieved the first day of trial for a complete dismissal and release of the treating dentist.

  • Employee vs. Independent Contractor
  • Defendant Health Insurance Company
  • Todd A. Roberts
  • The sales agents of a health insurance company claimed they were employees despite expressly agreeing they were independent contractors.

     

     

  • The case was successfully tried to a conclusion favorable to our client before the Unemployment Insurance Appeals Board.

  • Product Liability
  • Santa Clara County Superior Court
  • Defendant Plastic Container Manufacturer
  • John A. Koeppel
  • Defended a plastic container manufacturer in a product liability action involving a disabling brain injury and serious physical injuries to a 42-year old father of three. The plaintiffs alleged that our client’s grape transport bin could not be safely trucked due to an alleged failure to warn. The bin separated from the vehicle in which it had been loaded, falling onto the highway where the plaintiff struck it at a high rate of speed on his motorcycle. Experts on both sides ranged from safety engineers to accident reconstructionists to physical medicine specialists.

  • The case was tried after the plaintiffs made an eight figure demand, and settled favorably after four weeks.

  • Catastrophic Injury
  • Santa Clara County Superior Court
  • Defendant Manufacturer
  • John A. Koeppel
  • Defended a manufacturer in a suit in which the plaintiff was a business invitee who claimed total disability resulting from back, shoulder and arm injuries when he was struck by a falling pallet of empty 50 gallon drums. The plaintiff sought compensatory and punitive damages based on earlier incidents under similar circumstances. Surveillance footaGE of the plaintiff indicated that his injuries were considerably less serious than alleged.

  • The case settled favorably after two plus weeks of evidence were presented to a jury.

  • Personal Injury; Wrongful Death
  • San Francisco County Superior Court
  • Defendant Ground Transportation Service
  • John A. Koeppel
  • Defended a ground transporation service in an action involving a high speed auto accident involving two pedestrians in inclement weather. The case included a wrongful death action and a personal injury action for an individual who suffered a brain injury and disabling, crushing injuries to his legs. Our firm was retained six weeks before trial, after expert disclosure. Review of medical records indicated both pedestrians were under the influence. Working with an accident reconstruction expert and photographic reconstruction expert, the defense visually recreated the scene of the accident under comparable rain conditions. We also unilaterally disclosed and deposed a toxicologist regarding the intoxication issue. The plaintiffs' demand totaled $10,000,000, representing our primary and excess limits. At mediation, our experts narrated the film reconstructing the accident and we highlighted the deposition testimony of our toxicologist.

  • The action eventually settled for approximately 20% of the original demand.

  • Serious Burn to Right Lower Leg
  • San Diego County
  • Defendant; Physical Therapist and Spine/Sports Medical Facility
  • Kathleen Duggan
  • Defended a physical therapist and a spine/sports medical facility in a case involving a serious burn to the right lower leg.

  • The case was evaluated by an expert plastic surgeon and eventually favorably resolved by way of a confidential settlement.

  • Unfair Business Practices
  • San Francisco County Superior Court
  • Plaintiffs Group of Chinese-Americans
  • Thomas H. Clarke, Jr.
  • Represented a group of five Chinese-Americans who were the purchasers of a pill which contained calcium combined with a oxidized form of Vitamin C. Our clients were class representatives in an Unfair Business Practices and Consumer Legal Remedies class action against a company that advertised extensively in the Chinese-American community regarding the product. The radio, television, and print media advertisements asserted that the product would provide several dozen benefits, including protecting the intelligence, increasing the I.Q. and “perfecting the structure of the cerebral tissue” of children, healing a herniated disk,curing edema and osteoporosis, providing more energy, healing cartilage, tendons, and muscles, eliminating virtually every ache and pain known to humankind, and not interfering with any prescription drug. All of the claims were false.

  • The case settled following the first day of trial. Pursuant to the settlement, all consumers were entitled to seek reimbursement of their outlays for the purchase of the product.

  • Contraction of Staph Infection
  • San Diego County Superior Court
  • Defendant; Medical Spa and Facialist
  • Kathleen Duggan
  • Defended a well known medical spa and a facialist employee in a case involving a staph infection allegedly obtained from a facial. The claimant alleged that she purchased a facial from the medical spa and contracted a repeating staph infection that affected other body parts and allegedly was permanent with unpredictable recurrences. An expert dermatologist was retained.

  • The case remained in settlement mode for nearly a year and was eventually resolved by way of a confidential settlement.

  • Dental Implant Failure; Dental Malpractice
  • Santa Clara County Superior Court
  • Defendant; Clinic Owner, D.D.S.
  • Kathleen Duggan
  • Defended a clinic owner in a case involving five implants placed in the upper jaw with allegations of numbness, sinus perforation and failure of the implants to integrate into the maxillary jaw.

  • A full dismissal and release was obtained for our client after presenting an analysis of the statute of limitations defense and the potential success of a Motion for Summary Judgment on the issue of the statute defense.

  • Negligence to the Inferior Alveolar Nerve
  • San Francisco Superior Court
  • Defendant; Dentist
  • Kathleen Duggan
  • Defended a dentist in a case involving allegations of negligence to the inferior alveolar nerve causing numbness of the lower jaw following placement of a tooth implant, allegedly affecting the plaintiff’s speech and eating patterns and impacting his job and overall quality of life.

  • While originally filed in San Francisco Superior Court, a petition to arbitrate pursuant to contract was successful and the case was ordered to arbitration and after protracted litigation, the case was resolved by way of a favorable confidential settlement about 8 days prior to a week-long three judge panel arbitration was scheduled to commence. Experts involved were Chief of UCSF Oral and Maxillofacial Surgery and claimed implant experts. The defense prevailed on the science of the case and the original $350,000, demand was favorably resolved for a release and dismissal of the case.

  • Copyright Infringement
  • Northern District- San Jose Division District Court
  • Defendant; Software Manufacturer
  • Michael J. IoannouLita M. Verrier
  • Represented the defendant in a copyright infringement and related torts case concerning a license agreement in the medical software field.

  • Negotiated a favorable settlement for our client.

  • Wrongful Death Due to Controlled Substance Overdose
  • Los Angeles County Superior Court
  • Defendant; Drug Company
  • Kathleen Duggan
  • Defended a drug company in a case involving a wrongful death for an alleged overdose of prescribed controlled substance drugs. The defendants included the pharmacy, hospital, prescribing M.D.; and pain clinic where the decedent had been receiving treatment. We represented the pharmacy that filled the prescription for controlled substances. The case involved allegations of Health and Safety Code violations and toxicology analysis of autopsy and hospital reports. A toxicologist expert was retained.

  • Successfully obtained a full dismissal of our client for a nominal confidential settlement. The current status of the case as to the other parties is unknown.

  • Death by Rare Condition; Arteriovenuos Malformation (AVM)
  • Los Angeles County Superior Court
  • Defendant; Pedodontist
  • Kathleen Duggan
  • The plaintiff, a minor, suffered a hemorrhage and died after the dentist defendant, extracted a baby tooth for the plaintiff. The major issue in the case was whether the dentist should have known that the plaintiff suffered from a fatal pre-existing condition before the procedure took place.

  • By use of medical experts, we were able to prove that the dentist could not have been aware of the pre-existing condition, and the client was released from the lawsuit prior to extensive litigation.

  • Jaw Cancer Misdiagnosed; Failure to Refer for Pathology and Testing
  • Santa Cruz County Superior Court
  • Defendant; Dentist
  • Kathleen Duggan
  • Defended a dentist in a case involving allegations that he allegedly failed to diagnose an oral cavity tumor, metastasis and jaw mandible loss to the plaintiff was alleged.

  • The case was resolved successfully in favor of the defendant one week before trial.

     

  • Wrongful Death Due to Controlled Substance Overdose
  • Los Angeles County Superior Court
  • Defendant Pharmacy and Pharmacist, MD
  • Kathleen Duggan
  • Defended a pharmacy and pharmacist, MD in a case involving a wrongful death allegedly as a result of a controlled substance overdose wherein the family filed against the prescribing MD, the pharmacy and pharmacist MD, hospital and pain clinic where the decedent had received long-term care prior to his death. The case required a pharmacist and toxicology experts. Analysis of, among other documents, included clinic and hospital records, toxicology reports, emergency treatment records and autopsy records.

  • Successfully obtained a dismissal and release of the pharmacy and pharmacist, MD for a favorable confidential settlement.