This listing includes certain litigation, arbitration, and appeal activities recently handled by the Kitch firm.
MacGregor Wins Another Defense Verdict in Medical Malpractice Trial
On October 30, 2009, Susan MacGregor of the firm’s Upper Michigan office in Marquette successfully proved in a five day Marquette County jury trial that the defendant gynecological surgeon did not violate the standard of practice. The plaintiff had alleged that the defendant failed to recognize a colon injury at the rectosigmoid junction before closing the surgery site. The patient did not develop symptoms for several days following the procedure, but then required a colostomy and four further surgical procedures to address complications arising from the injury, so Ms. MacGregor and her client had to overcome understandable sympathy for the patient to prevail in the case.
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Gerbitz Receives No Cause for Action in Medical Malpractice Trial
On October 20, 2009. Sara Mae Gerbitz received a no cause for action verdict in a case tried before Judge Stephen Andrews in Oakland County Circuit Court. The plaintiff alleged a failure to adequately treat sepsis with antibiotics allegedly resulting in death. After six days of trial, the jury returned a verdict that the defendants complied with the applicable standards of practice.
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Rashid and Pontes Win Defense Verdict in Lapeer County Circuit Court
On December 5, 2008, Carl Rashid and Dave Pontes earned a defense verdict in a premises liability case tried before a jury in Lapeer County Circuit Court.
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Suhrheinrich Receives Defense Verdict in a Case Alleging Medical Malpractice
On March 27, 2009, Richard Suhrheinrich from the firm’s Lansing office received a defense verdict in a case tried before a jury in Mackinaw County Circuit Court. Plaintiff alleged a failure to suspect coronary artery disease and to refer the decedent to a cardiologist. After five days of trial, the jury returned a verdict that the defendants complied with the applicable standards of practice.
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Ellen Keefe-Garner Receives Defense Verdict
On October 30, 2008, Ellen Keefe-Garner received a defense verdict in a premises liability case tried before a jury in the Jackson County Circuit Court.
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Joppich Wins Defense Verdict in Premises Liability Case
On February 18, 2009, Richard Joppich obtained a defense directed verdict in a premises liability case tried in Monroe County Circuit Court. Mr. Joppich moved for a directed verdict at the close of plaintiff’s proofs. The court granted the directed verdict motion in favor of the defendant ruling that there was no evidence of negligence.
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Kimberly Pendrick Wins Defense Directed Verdict
On March 12, 2009, Ms. Pendrick received a defense directed verdict after three days of trial in Genesee County Circuit Court. The case involved an alleged violation of the Whistle Blower Protection Act and a violation of public policy for refusing to engage in illegal activity.
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MacGregor Wins Another Defense Verdict in Medical Malpractice Trial
On October 6, 2008, Susan MacGregor of the firm’s Upper Michigan office received a defense verdict from a jury in the Gogebic County Circuit Court--her third defense verdict in three months. With associate principal Ryan Ewles, she defended an internist against the claim that he failed to recognize vascular rest pain and to timely refer the patient for vascular consultation, resulting in a below-the-knee amputation. After six days of trial, the jury found that the physician met the standards of practice.
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Wasung and Henderson Win Defense Verdict in Ohio Medical Malpractice Trial
On September 5, 2008, after two weeks of trial, John Wasung and Dave Henderson received a defense verdict from a jury in the Franklin County Court of Common Pleas, Columbus, Ohio. Plaintiff alleged negligence in a neurosurgeon’s performance of, and selection of, surgeries on plaintiff’s cervical spine, resulting in permanent C-6 tetraplegia, with medical expenses over $250,000, and alleged wage loss in excess of $1 million. The jury returned a finding of "no negligence."
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MacGregor Receives Defense Verdict in Civil Rights Trial
On August 20, 2008, Susan MacGregor received a defense verdict in the U.S. District Court, Western District of Michigan, Northern Division. The plaintiff alleged that police officers wrongfully stopped, questioned, searched, and arrested him, and that they used excessive force during the course of the arrest. The court granted the defense's summary judgment motion prior to trial, dismissing all claims with the exception of the excessive force claim. The plaintiff’s last demand prior to trial was $250,000. The jurors took approximately an hour to come back with their verdict in favor of the defendants.
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Wasung and Perne Receive Defense Verdict for Two Ohio Doctors
On August 15, 2008, John Wasung and Lori Perne received a defense verdict for two gynecologists. The case involved an alleged failure to both diagnose and treat cervical cancer and then make an appropriate referral, in a 28 year old. The plaintiff asserted this resulted in a need for radical hysterectomy and radiation therapy, causing infertility, early onset menopause, and decreased chance of survival. The four day trial took place in a Lucas County, Ohio court.
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Valitutti and MacGregor Receive Defense Verdict in Medical Malpractice Trial
On July 23, 2008, Ralph Valitutti and Susan MacGregor received a defense verdict in the in the U.S. District Court, Western District of Michigan, Northern Division. The case arose out of the performance of laser treatment for removal of facial veins by a laser technician without the physician being present in the room or the building with equipment approved by the FDA only for hair removal. The procedure was uneventful but the plaintiff claimed post-procedure injury. The plaintiff argued, among other things, that Michigan law requires that a medical doctor be in the room during such a procedure, that the technician used inappropriate settings resulting in serious injury, and that the patient did not give informed consent. The jurors took approximately thirty to forty-five minutes to come back with their verdict in favor of the defendants.
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Wasung and Perne Win Defense Verdict in Ohio Medical Malpractice Trial
On June 13, 2008 John Wasung and Lori Perne tried a professional liability case on behalf of an Ohio physician. The plaintiff alleged that defendant physician failed to complete the initiated surgery, and failed to take additional necessary steps to identify and remove the left ovary, which was not identified in the pelvic cavity. The plaintiff also alleged that the doctor undertook a course of misdirection and deception in follow-up work-up, ordering inappropriate and unnecessary tests in search for other causes of her continued complaints of pain. The jury returned a verdict of no negligence after just over an hour of deliberations.
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Wasung and Brossia Win Defense Verdict In Ohio Medical Malpractice Trial
On May 28, 2008, a two day trial in front of a Richland County, Ohio, jury returned a defense verdict in favor of a local hospital. Plaintiff alleged multiple injuries when during a cardiac catheterization procedure an IV pole and pump toppled onto the patient. Plaintiff claimed neck, breast and shoulder injuries, exacerbated by anticoagulants she was being administered; plaintiff counsel asked for $100,000 in closing. The jury came back with a verdict of no negligence after 1 hour and 10 minutes of deliberations. The case was handled by Kitch firm attorneys John S. Wasung and Anne M. Brossia.
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Martin and Chaklos Win a Defense Verdict in Medical Malpractice Trial
Barbara Martin and Bill Chaklos teamed together to achieve a defense verdict on behalf of a gynecologist and Harper-Hutzel Hospital, in Wayne County Circuit Court on March 4, 2008. The case involved an alleged failure to find a defect caused during a salpingo-oophorectomy. A defense verdict was received after a six day trial.
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MacGregor Receives Defense Verdict in Medical Malpractice Case
On May 21, 2009, Susan MacGregor of the firm's Upper Michigan Office received a defense verdict from a federal court jury in the Western District of Michigan, Northern Division, sitting in Marquette, Michigan. The plaintiff was rendered paraplegic when he developed an epidural hematoma following an uneventful epidural steroid injection administered by a CRNA. The jury's verdict determined that the CRNA obtained the patient's informed consent; the Court directed a verdict on all other claims asserted by the plaintiff.
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