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Moser & Marsalek, P.C.

Peter Spataro Successfully Defends Interventional Radiologist in Wrongful Death Suit
Plaintiff Justine Blalock brought a wrongful death suit against Wenzel Vas, M.D. and his employer Midwest Radiological Associates, P.C., claiming that Dr. Vas’ negligence during a dialysis catheter placement surgery caused the death of Mrs. Blalock’s husband, Charles Blalock. Peter Spataro with the assistance of Tracy Zuckett, represented Dr. Wenzel Vas and Midwest Radiological Associates, P.C. in the action.

On January 2, 2003, Charles Blalock underwent a dialysis catheter placement surgery. Dr. Vas, the interventional radiologist performing the surgery, had to first place a stent in the superior vena cava in order to open up the vein. The stent migrated slightly after placement, but appeared to be intact and secure when Dr. Vas took his final x-ray of the procedure. Unfortunately, Mr. Blalock had an arrest shortly after the procedure, and after almost 45 minutes of attempted resuscitation, he died. Upon autopsy, the pathologist discovered the stent had broken, resulting in multiple protruding wires, and that Mr. Blalock had suffered a pericardial tamponade, wherein blood collected between his heart and pericardial tissue.

At trial, Plaintiff argued that the stent placed by Dr. Vas broke at some point during the procedure, due Dr. Vas’ negligence. Thereafter, the broken stent migrated proximally toward the heart and punctured the pericardium, causing a pericardial tamponade that ultimately resulted in Mr. Blalock’s death. Plaintiff’s expert argued that Dr. Vas fell below the standard of care in failing to 1) remove the stent, 2) move the stent to a safe location, or 3) place a second stent to hold the first in place.

Defense experts painted a different picture of the events. They argued that the stent did not break during surgery and did not migrate afterward, relying particularly on autopsy photographs and the final x-ray, which also showed the stent to be in the same position and compressed by attachment to the vessel on both ends at the conclusion of the procedure and at autopsy. Combining this evidence with a slideshow depicting the surgical procedure in a step-by-step fashion and the effect of chest compressions on the underlying tissues and organs, they argued that the stent’s fracture occurred not during surgery, but as a result of the numerous chest compressions during Mr. Blalock’s attempted resuscitation. The triggering event for his arrest, then, was not pericardial tamponade, but some other arrhythmic event caused by one or more of Mr. Blalock’s comorbid conditions.

Plaintiff asked the jury to return a verdict of $1 million to compensate for the loss of Charles Blalock. After four days of trial, the jury deliberated for approximately one hour, and returned a unanimous defense verdict.

08-13-2007

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Moser & Marsalek, P.C.

Philip Willman and Z achary R. Pancoast Successfully Defend Anesthesia Group
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.

08-13-2007

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Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P.

Bandera Joins Jones Walker's Miami Office
The law firm of Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P. is pleased to announce that Dana Bandera has joined the firm as an associate in the Corporate & Securities Practice Group and the Insurance, Banking & Financial Services Industry Group. She will practice from the firm’s Miami office.

Ms. Bandera joins the firm after receiving her J.D., cum laude, from the University of Miami School of Law, where she was an Articles and Comments Editor of the school's Inter-American Law Review. Ms. Bandera also worked as a law clerk in Jones Walker's Miami office during the summer of 2007, and her experience at Jones Walker allowed her to work on various client projects for the firm's Miami and Washington, D.C., offices.

08-13-2007

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Jenner & Block LLP

Jenner & Block Wins Personal Injury Case for General Motors
Jenner & Block recently secured a victory for General Motors Corporation (GM) in a multimillion dollar personal injury case when a federal court granted the Firm’s Daubert motion to bar expert testimony provided by the plaintiff, granted GM’s motion for summary judgment and dismissed the case.

The case involved a plaintiff who was in a 2003 motor vehicle accident. The plaintiff had alleged that her vehicle, manufactured by GM, had a defective and dangerous seat belt that would not retain a passenger in the vehicle upon collision and disengage during a collision.

To support her claim, the plaintiff sought expert testimony from Anil Khadilkar, Ph.D., an automotive engineer who said the seat belt in the vehicle driven by the plaintiff had a “tendency to false latch and falsely latched at the time of the accident,” according to the court. During his deposition, Dr. Khadilkar said he thought there was “some combination of false latch and inadvertent release of the seat belt at the time of the accident,” the court said.

Jenner & Block attorneys in the case asserted on behalf of GM that Dr. Khadilkar’s opinions were not based on sufficient facts or data, were not the product of reliable principles and methods, and did not apply principles and methods reliably to the facts of this case.

The Honorable G. Patrick Murphy, Chief Judge in the United States District Court for the Southern District of Illinois, noted in his ruling that Dr. Khadilkar was not certain why the seat belt failed in the case and could not identify a defective mechanism in the seat belt. The court said that “Dr. Khadilkar’s opinions are nothing more than subjective belief and unsupported conjecture that fail to rise to the level of reliability required under the standards set forth in Daubert and its progeny.” The court added that Dr. Khadilkar could not identify an alternative design that would have prevented the plaintiff’s injuries.

The plaintiff “has had adequate time and opportunity to introduce the necessary evidence and to find the necessary experts to establish her case. Having failed to do so, summary judgment is proper,” concluded Judge Murphy.

Jenner & Block Partners Philip L. Harris, Joanne Hannaway Sweeney and Associate Shannon P. Bartlett served as counsel for GM in this case.

08-13-2007

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Jackson & Campbell, P.C.

J&C Partners with WETA During Membership Pledge Drive
Jackson & Campbell partnered with longtime friend WETA for its membership pledge drive on August 5, 2007. David Cox, Co-Chair of J&C’s Real Property and Asset Management Group, and the firm’s Associates volunteered to answer telephones during the featured program, “Armenian Genocide.” With J&C’s help, WETA raised $25,225 in membership pledges.

Jackson & Campbell has a long history with WETA. Edmund Campbell, a renowned lawyer and one of the firm’s founders is the late husband of WETA’s late founder, Elizabeth Campbell. Mrs. Campbell’s life was featured in WETA’s sponsored film “Elizabeth Campbell: A Passion To Teach,” which was underwritten by the firm. “We are proud to be connected with one of D.C.’s finest television and radio stations,” said John Matteo, Chair of J&C’s Business Law Practice Group.

“Volunteering at WETA’s pledge drive is a great way for our firm to continue to serve the tradition established by Mr. Campbell by giving back to the community. We are proud to support WETA’s efforts to bring such fine programming to the D.C. region.” About WETA

WETA's mission is to produce and broadcast programs of intellectual integrity and cultural merit that recognize viewers' and listeners' intelligence, curiosity and interest n the world around them. As an independent and not-for-profit public broadcaster iand producer, WETA provides its viewers and listeners with quality, compelling programs and serves a broad community with educational projects and Web-based initiatives.

08-13-2007

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Holland & Knight, L.L.P.

Holland & Knight's Chicago Office Adds Two Experienced Partners in the Corporate/M&A Group
Holland & Knight is pleased to announce that Michael J. Zdeb and A. Thomas "Tom" Skallas have joined the firm's Chicago office as partners. The addition of these experienced lawyers further strengthens the firm's Corporate/M&A practice group in Chicago. Previously, both were partners in the Chicago office of Arnstein & Lehr LLP.

"The addition of Mike and Tom significantly enhances our corporate and M&A capabilities in Chicago," said Bill Mutryn, practice group leader for the firm's Corporate/M&A Group. "Both are highly talented lawyers with broad-based practices that include experience in international and domestic corporate M&A transactions, private equity transactions and a variety of partnership and tax matters."

Zdeb has extensive knowledge and experience handling shareholder and partner disputes, in particular issues concerning governance of enterprises, oppression, dissenters' rights and complex valuation issues related to business enterprises. His practice has involved the representation of both majority and minority interest owners for closely held businesses as well as issues relating to members of the New York Stock Exchange, option holders in public companies, and private equity.

Skallas practices in the areas of business and private wealth services. He serves as counsel to closely held international and domestic businesses in an array of industries on a broad range of issues including mergers and acquisitions, sales, complex tax planning, banking, insurance, contractual, employee and asset protection strategies. Skallas is also experienced in resolving disputes arising among shareholders and partners. His practice includes estate planning, trust and probate administration, trust disputes and the tax issues relating to these practice areas.

08-13-2007

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Hogan & Hartson LLP

Hogan & Hartson Chosen as Legal Counsel for the Environmental Remediation of Kuwait Stemming From the Gulf War
The Government of Kuwait has hired Hogan & Hartson LLP, along with the local Kuwaiti law firm of Al-Essa & Partners, to assist in the remediation of its environment and natural resources caused by Iraq’s invasion of Kuwait that led to the 1990-91 Gulf War. As a condition of surrender, a portion of Iraq’s revenue from its oil export pipeline was put into a United Nations fund to pay for damages, including environmental damages, that were suffered by countries, private individuals, and companies from the war. Kuwait suffered massive and widespread environmental degradation from nearly 800 oil wells that were set on fire and burning for months; from oil (nearly a thousand times the amount of the Exxon Valdez spill) being released into the Gulf; and from oil mist being dispersed through the air onto Kuwait’s desert and inhaled by its inhabitants. As reparations, the United Nations Compensation Commission awarded Kuwait nearly $3 billion for the rehabilitation and remediation of its environment.

Hogan & Hartson, along with its local law firm partner, will be the outside legal advisers to the Government of Kuwait as it manages its environmental remediation program. Among other things, the legal firms will help to ensure that Kuwait’s funds are properly and effectively spent in accordance with the decisions of the United Nations Compensation Commission, international environmental norms, and the remediation contracts that will be entered into.

Hogan & Hartson partners Ken Kastner and Steve Robinson will be the principal attorneys working on this matter.

08-13-2007

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