Trial Victory in Wilbarger County

Congratulations to Tim Ryan for a unanimous defense verdict in May 2010 in Wilbarger County on behalf of an emergency physician. Plaintiffs were a minor patient, who had accidentally overdosed on Prozac, and his mother. The three-year-old patient presented to the emergency department within an hour of the Prozac ingestion, and Plaintiffs claimed he should have undergone gastric decontamination, including administration of activated charcoal. Instead, the emergency physician, after examining the asymptomatic child, discharged him home with instructions to the mother to return if symptoms manifested. The child did return some three hours later with signs of overdose and subsequently experienced hyponatremia and cerebral edema leading to a week-long hospitalization. Plaintiffs sought recovery of incurred medical expenses, pain and suffering, and mental anguish, and invited the jury to award $500,000 in compensatory damages.

Trial Victory in Cooke County

Congratulations to Russ Schell and Adam Williams for their defense verdict in March 2010 in Cooke County on behalf of an emergency physician. Plaintiff claimed the doctor failed to keep her son under observation after he took an overdose of prescription medications. Approximately twelve hours after being discharged from the emergency department, the patient was found dead in his room allegedly as the result of a drug overdose. Plaintiff claimed that the emergency physician should have administered a second dose of Narcan, implemented charcoal therapy, and admitted the 18-year-old patient despite his stated demands to leave and documented findings that the patient was awake, alert and oriented while he was in the emergency department. Plaintiff sought damages for past medical expenses and mental anguish. The jury returned a unanimous verdict in favor of the emergency physician.

Trial Victory in Tarrant County

Congratulations to Susan Cooley and Lisa Wilson for their defense verdict in March 2010 in Tarrant County on behalf of an orthopedic spine surgeon. Plaintiff alleged the orthopedic spine surgeon inserted pedicle screws into patient's spinal canal during surgery and failed to detect it for 20 days resulting in his patient suffering significant pain and requiring an additional surgery. Plaintiff sought medical expenses and non-economic damages. The jury returned an unanimous verdict in favor of the orthopedic surgeon.

Presentation to the 2009 Legal Symposium for Nurse Practitioners

On April 1, 2009, Susan Cooley served as a panel member in a panel discussion addressing various challenges confronting nurse practitioners and their potential for malpractice exposure. The panel included a number of plaintiff and defense attorneys offering insights and perspectives to help APNs reduce the risk of litigation and successfully navigate the pitfalls associated with a practice that is simultaneously independent and supervised. Schell Cooley is dedicated to providing its health care clients, both institutions and individuals, with experienced legal expertise to reduce the risk of malpractice and avoid litigation before it begins.

Trial Victory in Denton County

Congratulations to Susan Cooley and Lisa Wilson for their defense verdict in October 2008 in Denton County on behalf of an orthopedic surgeon. Plaintiff suffered a LisFranc fracture and sought surgical repair. The orthopedic surgeon repaired the fracture but the repair failed, and the patient suffered significant pain and disfigurement. Plaintiffs sought significant non-economic damages, past and future medical expenses, and punitive damages. The jury returned a verdict in favor of the orthopedic surgeon.

Trial Victory in Tarrant County

Congratulations to Susan Cooley and Lisa Wilson for their successful defense of an emergency physician in August 2008 in Tarrant County. Plaintiffs were the children of a woman admitted to a rehabilitation facility following a back injury. While in the facility, she developed significant changes in her mental status. She was transferred to the Emergency Department for evaluation and treatment and was found to have electrolyte abnormalities in addition to an untreated urinary tract infection. The emergency physician performed a thorough evaluation of her including obtaining CT of her head which was negative. After consulting with the patient’s neurologist she was discharged back to the rehab facility. Unfortunately, she returned to the hospital within 24 hours and died two days later. Although Plaintiffs asked the jury for in excess of $2 million, the jury returned a unanimous verdict in favor of the emergency physician.

Trial Victory in Collin County

Congratulations to Russ Schell and Adam Williams for their defense verdict in July 2008 in Collin County on behalf of an emergency physician. Plaintiff (the widow of the patient, who died from an unrelated illness) claimed the doctor failed to diagnose an eye injury sustained in a motor vehicle accident. Examinations by the paramedics, emergency department nurses, and the doctor revealed no problems with the patients eyes. After discharge from the emergency department, the patient experienced pain and decreased vision in the eye. Instead of returning to the ED as instructed, he waited a day before calling his ophthalmologist, who discovered a ruptured corneal transplant. The patient ultimately lost all vision in the affected eye. Plaintiff claimed that the emergency physician should have diagnosed the ruptured transplant and that earlier diagnosis would have led to surgery which would have saved the eye. Plaintiff sought damages for medical expenses, loss of services, lost consortium, and mental anguish.

Trial Victory in Dallas County

Congratulations to Russ Schell and Tim Ryan for their defense verdict in July 2008 in Dallas County on behalf of two emergency physicians. Plaintiffs were the widow and mother of a 31-year-old man who developed hypertensive encephalopathy following repeated emergency department visits for abdomen, chest, and back pain. The patient ignored discharge instructions to follow up outpatient with a primary care physician for assessment of high blood pressure. Plaintiffs claimed that the emergency physicians failed to diagnose an aortic dissection which, had it been discovered, would have led to in-patient management of what later proved to be severe hypertension. Plaintiffs sought substantial damages for loss of earnings, loss of services, lost consortium, and mental anguish.

Trial Victory in Tarrant County

Congratulations to Russ Schell, Tim Ryan, and Adam Williams for their defense verdict in January 2008 in Tarrant County on behalf of an emergency physician. Plaintiff was a 66-year-old woman who developed an intracranial bleed about two days after falling from a ladder and striking her head. Plaintiff claimed that the emergency physician who sutured her head laceration shortly after the fall should have ordered a CT scan of the head and coagulation studies, given that she was taking Coumadin. Due to severe neurological and functional deficits associated with a cerebellar hemorrhage and leading to an extensive life care plan, Plaintiff sought recovery of damages in excess of $2 million.

Trial Victory in Tarrant County

Congratulations to Russ Schell, Susan Cooley, and Lisa Wilson for their defense verdict in November 2007 in Tarrant County on behalf of two neonatologists and their practice group. Plaintiffs brought suit on behalf of their Down's Syndrome child, who during colonectomy surgery when he was two weeks old suffered complications related to use of a femoral arterial line. Plaintiffs argued that the neonatologists should have ordered removal of the femoral line after surgery and that the failure to do so ultimately caused amputation of the childs leg. In closing argument, Plaintiffs counsel encouraged the jury to return a damages award in excess of $10 million.

Mock Trial for the Texas Nurses Association

Tim Ryan presented the defense's case at "Mock Trial 29," an annual mock trial presented on October 22, 2007, by the Texas Nurses Association, District Four. The over 1,300 attendees of the event included nursing students and licensed nurses practicing throughout the Dallas-Fort Worth Metroplex. The mock trial involved issues of proper assessment and treatment of a post-partum mother for eclampsia. The mock trial demonstration focused particularly on issues of effective documentation, nurse-physician communications, and invocation of the chain of command, all calculated to emphasize to attendees the litigation consequences associated with these issues.

Presentation to the UT Arlington School of Nursing

On October 5, 2007, Susan Cooley delivered the keynote address at the UT Arlington School of Nursing's Legal Update for Nurse Practitioners. Ms. Cooley presented on the topic of "Nurse Practitioner Malpractice," with a focus on common errors in practice that can lead to malpractice litigation and investigation by the Texas Board of Nursing. Ms. Cooley's keynote address emphasized the importance of combining effective litigation prevention with excellent nursing care. Schell Cooley is dedicated to helping its health care clients and front-line practitioners adopt and implement strategies to reduce the risk of suit and avoid litigation before it begins.

Trial Victory in Tarrant County

Congratulations to Russ Schell and Adam Williams for their defense verdict in December 2006 in Tarrant County on behalf of a labor and delivery nurse and her employer. Plaintiffs brought suit on a catastrophic uterine rupture that occurred during a vaginal birth after cesarian (VBAC) trial of labor. Plaintiffs' infant daughter suffered severe brain damage which ultimately led to her death. Plaintiffs argued that the L&D nurse had a duty to ensure the attending obstetrician was on site during the trial of labor (notwithstanding her having notified him of the same), and that the failure to so proximately caused the catastrophic outcome. In closing argument, Plaintiffs' counsel asked for an award exceeding $10 million. The jury returned a verdict for the L&D nurse.

Trial Victory in Denton County

Congratulations to Susan Cooley and Dena Mastrogiovanni for their defense verdict in October 2006 in Denton County on behalf of a medical oncologist. The plaintiffs were the surviving wife and children of a cancer patient with advanced renal cell carcinoma and an extremely poor prognosis. The patient elected to pursue treatment with an immunotherapy drug that, while extremely toxic and sometimes deadly, offered the only possible chance to put the cancer into remission, with further potential to cure the disease. Unfortunately, the patient did not tolerate the treatment, which led to a long and difficult hospital course culminating in his death. Plaintiffs claimed the oncologist failed to adequately inform the patient of treatment risks and should never have pursued the treatment because the patient was not an ideal candidate. After a two-week trial, the jury rejected Plaintiffs request for damages of $2.1 million and returned a defense verdict.