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Moser & Marsalek, P.C. > Firm Details

Location

Saint Louis City
200 North Broadway, Suite 700 ,
St. Louis, Missouri - 63102

Website

http://www.moser.com

Other Offices

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Staff Size : 44
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Law Firm News
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09-01-2007

St. Louis law firm Moser & Marsalek, P.C. announced today that Joel P. Green, Norbert J.J. Glassl and Kay A. Welch, all formerly of Kasten, Green, Glassl and Welch, LLP, have joined the firm.

The combined firm will operate under the name Moser & Marsalek, P.C. and will maintain two offices to conveniently serve their clients. Offices are located in downtown St. Louis and O’Fallon, Illinois.

“Our firm has been looking to expand our expertise into areas beyond traditional defense litigation,” said Peter Spataro, Moser’s Managing Principal. “Joel and Norbert bring the experience we need to build our corporate and real estate practices, while Kay adds depth to our estate planning team. With the addition of several practice areas, our firm can offer a broader scope of legal services to our existing clients, as well as continue to attract new business.”

“Combining our firm with Moser & Marsalek, P.C. reinforces the strong business principles and values on which we have always based our practice,” added Mr. Glassl. “We have taken an important step forward to join a respected, established law firm with whom we share a strong commitment to developing long-term, successful client relationships.”

The merger allows Moser & Marsalek, P.C. to expand its current practice areas to include commercial real estate transactions and litigation, mortgage services and foreclosure litigation, franchising and distribution relationships and general commercial transactions, while adding to its existing services in business and estate planning, and general business litigation. Please visit our website at www.moser.com to learn more about our experienced lawyers and excellent customer service.

“We were committed to growth into the St. Louis market, and the strong reputation of Moser & Marsalek, P.C., along with its strategic expansion vision make this a perfect union,” said Mr. Green. “We will be able to leverage the resources and talents of Moser’s attorneys to represent the long-term best interests of our clients and offer them a wider range of legal services from either location.”

Since 1925 the lawyers of Moser & Marsalek, P.C. have provided companies and individuals with intelligent counsel and strong trial work that generates positive results. With expertise in multiple practice areas and a firm management philosophy that encourages flexibility and mastery of the latest technology, Moser & Marsalek, P.C. is firmly focused on understanding and meeting clients’ needs while successfully navigating through the city, state and federal judicial systems.
08-13-2007

Philip L. Willman and Zachary R. Pancoast , of the Medical & Health Care Litigation group of Moser & Marsalek, P.C. obtained a defense verdict on behalf of Midwest Anesthesia, Inc. in a wrongful death medical malpractice action recently tried in the St. Louis County, Missouri. Plaintiff, Rodney Gaddis, brought this action claiming that Dr. Iqbal, an employees of the anesthesia group, prematurely discharged Ms. Rita Kicker, deceased, from the surgery center following a breast augmentation procedure. The plaintiff further claimed that Ms. Kicker then suffered bilateral pneumothoraces that lead to her death.

Brief summary of the case: Ms. Rita Kicker, deceased, underwent a breast augmentation at Healthsouth Surgery Center of West County on July 25, 2005. The surgery itself was performed by Dr. Bruce White and no complications were noted during the procedure. Dr. Mohammed Iqbal, an employee of Midwest Anesthesia, Inc., an anesthesiologist, along with CRNA Sharolyn Esgar, an employee of Healthsouth, handled the post-operative care and treatment of Ms. Kicker. Following discharge from the surgery center, Ms. Kicker, while being driven home by a friend, began having respiratory problems. Shortly thereafter, she arrested, resuscitation attempts failed and Ms. Kicker died. On autopsy, it was found that Ms. Kicker had suffered from bilateral pneumothoraces.

In the trial of this matter held in St. Louis County, Missouri, it was alleged that Ms. Kicker was discharged prematurely from the surgery center and that, but for this premature discharge, Ms. Kicker’s developing pneumothoraces would have been discovered and treatment could have been implemented at the surgery center that would have saved her life. The basis for these allegations stemmed from Ms. Kicker’s oxygen saturation both pre-operatively and post-operatively.

Plaintiff’s expert, Dr. Miles Dinner, who appeared live at trial, alleged that Ms. Kicker presented to the surgery center with an oxygen saturation of 99% on room air and that following the procedure, prior to her discharge, she was unable to get above 92% oxygen saturation on room air. Dr. Dinner opined that this decrease in oxygen saturations was indicative of a developing respiratory problem and that it was inappropriate for Dr. Iqbal to discharge Ms. Kicker. Dr. Dinner further opined that had Ms. Kicker remained in the surgery center, she could have been monitored and action could have been taken to save her life.

The defense, on behalf of Midwest Anesthesia, Inc., presented evidence that Ms. Kicker, 55 years old, was a longtime heavy smoker and as such was suffering from longstanding Chronic Obstructive Pulmonary Disease and emphysema and as such had a decreased lung capacity and a higher propensity for pneumothoraces.

The defense, through the testimony of anesthesiology experts, Dr. Michael Lasky and Dr. Thomas Hyers, further argued that Ms. Kicker exhibited no signs or symptoms of a developing pneumothorax or other problems prior to the discharge. Specifically, Ms. Kicker met all of the criteria for discharge and her oxygen saturations were in an appropriate range for someone coming out of breast augmentation surgery with a long history of smoking. Further, the defense experts opined that Ms. Kicker’s pneumothoraces developed at some point after her discharge from the surgery center, most likely at the time she began exhibiting respiratory distress.

Nurse Sharolyn Esgar and medical examiner Dr. Michael Graham also testified. Ms. Esgar presented testimony regarding Ms. Kicker’s appearance and vital signs prior to discharge. Dr. Michael Graham discussed his findings on autopsy and his opinion that the development of the pneumothoraces most likely occurred at some point following the discharge of Ms. Kicker from Healthsouth Surgery Center.

Plaintiff asked the jury to return a verdict for $1,070,955.00 to $2,217,089.00 for past and future economic and non-economic damages.

The jury deliberated for fifty minutes before returning a twelve to zero verdict in favor of Defendant Midwest Anesthesia, Inc.


Primary Practice Areas

Medical & Health Care Litigation, Medical Professional Liability, Long Term Care Litigation, Medical Device and Pharmaceutical Litigation, Health Care Professional Licensing and Regulation, Medicare Fraud, Product Liability, Professional Services, Liability, Insurance Coverage, Worker’s Compensation, Transportation Litigation, Toxic and Mass Tort, Litigation, Appellate Practice, Premise, Commercial, Construction, Environmental Litigation, Business, Estate And, Tax Department.

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Patent Prosecution Attorney.
Moser, Patterson and Sheridan seeks an experienced Patent Preparation and Prosecution Specialists in following areas Mechanical, Electrical, Chemical, Computer, Physics and related arts. Firm is ready to train exceptional inexperienced EE.
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