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2012
Clay Robinson successfully defended an emergency medicine physician at trial in a case involving the alleged failure to diagnose acute myocardial infarction in the emergency department. The patient a 26 year old man presented to the ER with complaints of shoulder and neck pain. He was diagnosed with viral myalgia and discharged. He died approximately ten hours later. At autopsy, necrosis of myocardium as well as a 98% blockage of the left anterior descending vessel was found. The lawsuit alleged wrongful death as a result of medical negligence. The case was tried in January 2012 in Hardin Circuit Court. The jury returned a 9-3 verdict in favor of the defendant physician2011
Clay Robinson successfully defended a radiologist at trial in a case involving the alleged failure to diagnose appendicitis on CT Scan. Initial CT scan obtained by ER and ready by radiologist noted no evidence of appendicitis and the patient was discharged. The patient was subsequently returned to hospital and diagnosed with a ruptured appendix. He was taken to surgery, but later expired. The case was tried in Pulaski Circuit Court in November 2011. At the conclusion of plaintiff's case, the court entered a directed verdict in favor of the defendant physician. Benny Epling defended a neurologist at trial in a case involving the doctor's alleged failure to properly supervise a consulting internal medicine specialist. The case was originally filed against Mr. Epling's client, the involved internal medicine consultant, a consulting dermatologist, another covering physician and the involved Hospital. All but two Defendants settled before trial. Thus, the case was tried in Pike Circuit Court in June of 2011 against only two doctors. After the close of all the proof, the jury deliberated for more than three (3) days and seemed to be deadlocked, at which time all the parties were able to reach a compromise. Benny Epling and Barbra McGuire successfully defended a general practitioner in case where the doctor was accused of malpractice for not properly handling a subdural hematoma in an elderly nursing home patient. There was also an allegation the doctor's care was deficient in that he failed to properly keep this patient's family informed as to her condition and his treatment plan. The defense argued that the best plan for this patient was to defer surgery until same was absolutely necessary secondary to the patient's extensive co-morbidities. There was also proof the involved doctor had informed certain family members about this patient's condition. The case was tried in Pike Circuit Court in December of 2011 and the Jury returned a 9-3 verdict for the Defendant Physician. Clay Robinson and Adam Havens successfully defended a family practice physician at trial in a case involving the alleged misdiagnosis of an aortic dissection in a twenty five year old man. Plaintiff alleged malpractice in the evaluation, diagnosis and management of the patient who presented with complaints of chest discomfort. He subsequently died 18 hours later due to an aortic dissection. The case was tried in Franklin Circuit Court in October 2011. The jury returned a defense verdict of 11-1 in favor of the physician. Clay Robinson and Kimberly DeSimone successfully defended a urologist at trial in a case involving a 60 year old man who underwent a partial penectomy. Initially the planned surgery was a circumcision due to balanitis and phimosis. Intraoperatively the surgeon found extensive squamous cell carcinoma as well as infection involving the glans penis. In the surgeon's estimation the only reasonable course was to perform partial penectomy, despite the fact that it had not been discussed beforehand. Plaintiff filed suit alleging malpractice and a lack of informed consent.The case was tried in Shelby Circuit Court in August 2011. The jury returned a unanimous defense verdict on the claims of medical malpractice and a 10-2 defense verdict on the issue of informed consent.
Benny Epling successfully defended a gynecologic surgeon at trial in a case involving a 36 year old woman who underwent a laparoscopic supra-cervical hysterectomy for complaints of chronic pain and heavy bleeding during menstruation. Post-operative radiology studies were interpreted as showing this patient still had a uterus and thus the patient went to another surgeon for a total hysterectomy, which resolved her issues. She filed suit alleging Mr. Epling's client failed to achieve her operative intent, arguing she did not remove a sufficient amount of uterine tissue. The Defense countered with radiology, gynecology and pathology experts who showed the initial surgery was done exactly right and that the patient's problems were the manifestation of known LSH complications.The case was tried in Knox Circuit court in May of 2011. The jury returned a unanimous 12-0 defense verdict in favor of the surgeon.
Clay Robinson and Kimberly DeSimone successfully defended an orthopedic surgeon at trial in a case involving a 50 year old woman who underwent surgery to remove bone formation causing inflammation of the Achilles tendon. Severe pain persisted post-operatively. Two months later she was returned to surgery for re-exploration. Thereafter she continued to experience pain, along with numbness and tingling. She filed suit alleging unnecessary surgery and improper technical performance of the surgery.The case was tried in Greenup Circuit court in April 2011. The jury returned a unanimous 12-0 defense verdict in favor of the surgeon.
Clay Robinson and Adam Havens successfully defended an emergency medicine physician at trial in a case involving a 42 year old woman who presented to the ER complaining of severe abdominal pain. Her pain improved, but did not resolve with pain medication. She was sent home only to return to the ER several hours later with severe pain and abdominal rigidity. CT Scan suggested possible bowel obstruction. At surgery she was found to have a complete infarction of her small intestine. Surgery was performed to remove her small intestine. She subsequently developed multiple organ failure and eventually required a six organ transplant. Demand at trial was over $15,000,000.The case was tried to verdict in Boyle Circuit Court in January 2011. The jury returned a 10-2 defense verdict in favor of the physician.
2010
Clay Robinson, Benny Epling and Charles Aaron defended an obstetrician /gynecologist in a case involving injuries related to a shoulder distocia and fourth degree laceration. Both mother and newborn asserted claims of injury. At the time of the delivery, the health care provider was intoxicated with a blood alcohol level of .27. Liability was not contested . The case was defended on damages. At the end of a month long trial, the jury returned a verdict against the obstetrician for $1,466,000 in compensatory damages and $700,000 in punitive damages. Plaintiffs' damages demand prior to trial had been in excess of $27,000,000. Clay Robinson successfully defended a neurosurgeon in a case involving a patient who underwent spine surgery for L4/L5 and L5/S1 spinal stenosis. Pre-operatively he had evidence of lumbar radiculopathy. 22 months post-operatively, the patient's complaints of pain persisted. He was found to have Stage IV avascular necrosis of both hips. He went on to require bilateral hip arthroplasty. He alleged negligence on the part of the neurosurgeon for failing to investigate and diagnose the source of his hip pain prior to performing back surgery.The case was tried in Boyd Circuit Court in March 2010. The jury returned a unanimous 12-0 verdict in favor of the physician.
Clay Robinson and Kimberly DeSimone successfully defended three obstetrician/ gynecologists at trial in a case involving a bowel perforation following laparoscopic surgery. Plaintiff alleged improper surgical technique leading to the perforation and further alleged delay in diagnosis resulting in multiple subsequent surgeries and severe disabling adhesive disease. The jury returned a unanimous 12-0 defense verdict in favor of all three physicians. The case was tried in February 2010 in Franklin Circuit Court.2009
Benny Epling defended a urologist at trial in a case involving a patient who lost his penis after a penile implant procedure for Peyronie's disease. Plaintiffs alleged the surgeon's use of a compression dressing and then his subsequent failure to check the incision for five days post-operatively led to progressive ischemia and ultimately necrosis. The defense countered with an infarct theory based on the acute nature of the development of the problem. At trial in December of 2009, the Jury returned a plaintiffs' verdict for $4,617,612.99. During the subsequent appeal, the case was settled for an amount which avoided any personal exposure for the defendant physician. Benny Epling won an arbitration hearing on behalf of an Eastern Kentucky radiologist sued for failing to diagnose a humerus osteosarcoma in a twenty year old patient. The radiologist felt the patient had "disuse osteoporosis", but the cancer caused a pathologic fracture shortly thereafter and the patient eventually died of the disease. The Plaintiff agreed to arbitration with a high-low agreement and in October of 2009, the arbitrator ultimately found in the physician's favor, finding the misdiagnosis was not causative of any harm. Benny Epling and Charles Aaron successfully defended Baptist Regional Medical Center in a trial in Whitley County against an allegation that improper bowel care caused an elderly patient to suffer a bowel perforation leading to sepsis and death. The defense put on proof that this patient's bowel function was properly managed and that the complication was due to her underlying condition and not poor nursing care. The jury returned a defense verdict in October of 2009. Clay Robinson and Todd Willard successfully defended a general surgeon in a case involving a 42 year old woman who claimed that a mammogram of her reconstructed right breast caused a rupture of the prostheses. She developed infection and dehiscence in her right breast, ultimately requiring treatment with intravenous antibiotics and removal of the breast implant. Plaintiff claimed that the mammogram of her right breast was improperly ordered by the defendant physician.This case was tried in Mercer Circuit Court in April, 2009. Outcome was a defense verdict (10-2).
Benny Epling and Todd Willard successfully defended Central Baptist Hospital against a claim that a nurse negligently gave an injection in the emergency room causing a patient in her early thirties to develop completely disabling sciatica. The patient's counsel presented current nursing literature demonstrating the method utilized to perform the injection was out-dated, but Mr. Epling countered that even if the shot was executed improperly, the patient still could not have suffered the injury she claimed. At trial, the jury returned a defense verdict in March of 2009. Benny Epling secured a summary judgment for an orthopedic surgeon. Months after a shoulder surgery, a laparotomy pad was discovered to have been inadvertently left inside a patient's surgical wound. In defense of the orthopedic surgeon, Benny Epling was able to win a summary judgment in June of 2009, based on the recent Kentucky Supreme Court opinion in Nazr v Branham, by showing the proof his client lacked culpability was incontrovertible. Todd Willard successfully defended a surgeon sued by a patient concerning a retained portion of a catheter that was used in treating the patient's breast cancer. This case was tried in Madison Circuit Court in January 2009. The outcome was a defense verdict with the jury unanimously determining that the surgeon was not negligent.2008
Clay Robinson and Todd Willard successfully defended an emergency medicine physician in a case involving the wrongful death of a 26-year-old male. Plaintiff alleged that the death was caused by the failure to diagnose a myocardial infarction while the patient was in the emergency department. Plaintiff alleged the patient was improperly discharged without cardiac evaluation, that the emergency physician failed to ascertain the true nature of his illness and failed to adequately treat him leading to his death. Autopsy revealed a 95% blockage of the LAD.Plaintiff claimed damages in the amount of $1.5 million. This case was tried in Grayson Circuit Court in January, 2008. Outcome was a defense verdict (9-3).
Clay Robinson successfully defended a general surgeon in a case involving a 19 year old male who sustained a knife wound to his forearm. He claimed that the physician failed to operate in a timely manner; then when he did operate, failed to adequately control active bleeding, causing him to develop a compartment syndrome and ischemic contracture of his hand and fingers. Plaintiff alleged that this delay resulted in permanent damage to his hand and fingers. Plaintiff sought $500,000 in damages. This case was tried in Franklin Circuit Court in January, 2008. Outcome was a defense verdict (10-2). Clay Robinson and Benny Epling successfully defended a family practice physician in a case involving a two year delay in diagnosis of prostatic cancer in a 63 year old male resulting in the development of a locally advanced adenocarcinoma with a high likelihood risk for recurrence. It was undisputed that the prostate cancer would likely return and ultimately prove fatal. Plaintiff claimed that earlier diagnosis would have led to treatment with prostatectomy and would have negated the necessity for treatment with hormone suppression therapy and radiation.Plaintiff's damages demand was $1.6 million. This case was tried in Fayette Circuit Court in June, 2008. Outcome was a defense verdict (12-0) on causation.
Clay Robinson and Todd Willard successfully defended a bariatric surgeon in a case involving the alleged wrongful death of a 33 year old married mother of three (all minors) due to an undiagnosed gastric leak following a Roux en Y gastric bypass for treatment of morbid obesity. Plaintiffs made claims for loss of spousal and parental consortium.Plaintiff's damages demand was $6.2 million. This case was tried in Scott Circuit Court then moved to Woodford Circuit Court due a conflict with another trial in Scott County. Outcome was a defense verdict (9-3).
Clay Robinson and Adam Havens successfully defended a radiologist in a case involving a claim for wrongful death of a 60 year old woman related to the diagnosis of a ruptured diverticulum with fecal contamination and abscess. Plaintiff claimed that the injury was misdiagnosed on a CT scan leading to a delay in diagnosis and ultimately, the patient's death.This case was tried in Montgomery Circuit Court in August, 2008. Outcome was a defense verdict (10-2).
Clay Robinson and Adam Havens successfully defended a colorectal surgeon in a matter involving a 64 year old male who underwent a double colon resection and subsequently developed an anastomotic leak at the site of the sigmoid colon anastomosis. Exploratory surgery and prolonged hospitalization followed. Patient has since recovered and is doing well. This case was tried in Fayette Circuit Court in September, 2008. Outcome was a unanimous defense verdict (12-0). Clay Robinson defended an orthopedic surgeon in a case involving allegations of battery pertaining to debridement of an exposed left femoral head. The plaintiff, a then 48 year old white male and a paraplegic (gunshot injury at T-6 25 years ago), developed several ulcers as a result of lack of mobility, one ulcer on his left hip and two ulcers on each buttock. The ulcer on the left hip was larger with a higher risk of infection than the others. Plaintiff's left hip was also completely disarticulated. The trochanter was protruding through the skin.At the time of the alleged battery, plaintiff was a patient in the ICU. Plaintiff claimed that the physician performed debridement of the bone protruding from the ulcer on his hip while he was unconscious in the ICU. He further claimed the procedure was done without his permission. The case was tried in the United States District Court, Ashland Division in October, 2008. Outcome of this trial was a unanimous plaintiffs' verdict with an award of one dollar ($1.00).
Clay Robinson and Kimberly G. DeSimone successfully defended an internal medicine physician in a case involving a 62 year old white female with interstitial lung disease, hypersensitivity pneumonitis (diagnosed in 2005). She alleges that the physician failed to adequately follow up on a chest x-ray done in June 1998, which showed diffuse interstitial markings. She maintained that had those findings been properly followed up, her condition could have been treated and her pulmonary disease cured. The plaintiff alleged that she suffered severe and permanent damage to her lungs due to the failure to order specific follow up on the 1998 chest x-ray that resulted in pulmonary failure. Plaintiff alleged that she sustained unnecessary pain and suffering, past and future medical expenses and an inability to work as a result of her lung condition.At trial, plaintiff claimed damages of $2.9 million. This case was tried in Fayette Circuit Court. Outcome was a unanimous defense verdict (12-0).
Benny Epling successfully defended an ophthalmologist who was sued by a former patient alleging he was inappropriately assessed secondary to complaints of an eye infection. Summary judgment was entered in April of 2008 after a showing Plaintiff would be unable to produce proof at trial of any wrongdoing by this physician. Benny Epling successfully defended Central Baptist Hospital in a case where a husband and wife sued the hospital after they both fell while walking to the emergency room. They argued the pathway was improperly designed and poorly illuminated and thus dangerous, leading to the wife breaking her ankle. On behalf of Central Baptist Hospital, Benny Epling convinced the jury otherwise and won a defense verdict at trial in July of 2008. Todd Willard secured a dismissal for a general surgeon in Boyle Circuit Court in July 2008, concerning a case in which the patient alleged that the surgeon failed to promptly communicate Doppler ultrasound results to the ordering physician for further treatment to avoid an eventual stroke. Summary judgment was entered in July 2008 after a showing that Plaintiff would be unable to produce proof of any wrongdoing by this physician. Todd Willard successfully defended two surgeons sued by a Plaintiff concerning a retained sponge that was discovered in 2004 and thought to be from a 1978 surgery. This case was tried in Bell Circuit Court in August 2008. The outcome was a defense verdict with the jury having determined that neither of the surgeons performed the surgery involving the retained sponge. Kimberly G. DeSimone successfully defended a social worker in federal court. This action was brought in U.S. District Court against Mrs. DeSimone's client, a social worker employed by a private agency that contracted with the State to perform foster care services. The Plaintiff's claims of intentional infliction of emotional distress, negligence, fraud and infringement of constitutional rights were all based on the removal of her minor daughter from her custody. Mrs. DeSimone secured a dismissal by convincing the Court that the social worker was protected by sovereign immunity and there was no Fourteenth Amendment Due Process remedy available. Adam Havens secured summary judgment in December 2008 for a radiologist, who was sued by a patient alleging that he missed the diagnosis of an odontoid fracture resulting in a delay in treatment. Mr. Havens convinced the Court that any alleged delay in plaintiff's treatment failed to cause the complained damages as plaintiff's orthopedic surgery expert testified that her treatment course and condition would not have changed regardless of when her injury was treated.2007
Clay Robinson and Benny Epling successfully defended an anesthesiologist in a case where plaintiff claimed that the physician negligently administered steroid injections (a total of 17) for treatment of back and leg pain. Plaintiff claimed the negligent treatment lead to bilateral avascular necrosis of the hips, which necessitated hip replacement surgeries.Plaintiff sought damages in the amount of $1.9 million. This case was tried in Fayette Circuit Court in October, 2007. Outcome was a unanimous defense verdict (12-0).
Benny Epling and Adam Havens secured a summary judgment for a psychiatrist at Eastern State Hospital, who was sued by a former patient alleging that he was improperly involuntarily committed. Mr. Epling convinced the Court that the doctor enjoyed statutory immunity from this suit and that Plaintiff lacked the requisite proof to proceed, resulting in the entry of summary judgment in September of 2007. On behalf of the Bluegrass Regional Psychiatric Board, Benny Epling successfully defended Eastern State Hospital against claims from two individuals who were assaulted by a patient who forcibly left the Hospital. The injured Plaintiffs claimed the Hospital failed to keep this dangerous patient reasonably secure, but at trial, Benny Epling proved Eastern State had acted appropriately, leading to a defense verdict in March of 2007. The verdict was upheld by the Kentucky Court of Appeals in September of 2008.2006
Clay Robinson successfully defended a urologist in a case involving a 65 year old male with pre-existing medical history including sinus surgeries (one of which involved a craniotomy), cervical spine surgery following a motor vehicle accident, irregular heartbeat/coronary artery disease, bilateral hip and leg pain secondary to bursitis, hypertension, hyperlipidemia, prostate cancer and sleep apnea. Plaintiff claimed to have suffered hypoxic brain injury as a result of negligently administered Phenergan following a prostatectomy.This case was tried in Montgomery Circuit Court in October, 2006. Plaintiff's demand at trial was $2,032,000. Outcome was a defense verdict (11-1).
The case against Benny Epling's client, a neurosurgeon, was dismissed in April of 2006 after Mr. Epling forced the Plaintiff's only expert to admit there was no causal link between the client's surgery and the patient's subsequent infection. The patient in question revealed he went swimming in a lake just after his surgery and the Plaintiff's Expert agreed this was most likely the etiology of the infectious complication. Benny Epling defended Central Baptist Hospital at trial on damages only, after stipulating to responsibility for a retained sponge but contesting that same or poor nursing care caused the development of a decubitus ulcer or the patient's demise. The Plaintiffs' final settlement demand was $850,000.00; the jury returned a verdict for $200,000.00. Benny Epling defended Central Baptist Hospital at trial on damages only, after stipulating to responsibility for a retained sponge (which allowed the Defendant Physician to be voluntarily dismissed). The Plaintiffs asked the jury for $3.2 Million in damages and received $1.8 million.2005
Clay Robinson successfully defended a general surgeon in a case involving a 47 year old grossly obese male who underwent a vertical banded gastroplasty at Frankfort Regional Medical Center. Post-operatively, he developed excruciating shoulder and ankle pain, severe shortness of breath and decreased oxygen saturation. He was transferred to University of Kentucky Medical Center for suspected renal failure, hypotension and hypoxemia. After his admission to UKMC he was taken to surgery for an exploratory laparotomy which revealed a leak from the gastric staple line. His medical records indicate that he is virtually bedridden and receiving care from a sister and a home health nurse.Plaintiff's damages demand was $3,000,000. Case was tried in Franklin Circuit Court in January, 2005. Outcome of the trial was a defense verdict (9-3).
Clay Robinson successfully defended a urologist in a case involving the alleged wrongful death of an 82 year old female. She underwent laparoscopic nephrectomy in 1999. Approximately 4 days later she was re-explored by a surgeon due to deterioration of her condition. She was found to have a gastric perforation which was repaired. Unfortunately, sepsis from the gastric perforation caused her postoperative hospitalization to be prolonged. Ultimately, she was transferred from the hospital to a nursing home where she remained for approximately four years. In 2004, she sustained a fractured hip, then significant deterioration in her condition. She was transferred to a local hospital where she subsequently died, apparently as a result of a pulmonary embolus. No autopsy was performed.Plaintiff claimed damages in the amount of $248,000 in medical expenses and $250,000 in pain and suffering. Case was tried in Fayette Circuit Court in March and April, 2004. Outcome was a unanimous defense verdict (12-0).
Clay Robinson successfully defended an OB/GYN in a case involving a 23 year old female with a history of pelvic pain, pelvic mass and adhesions, as well as endometriosis, bilateral paratubal cysts and a right tubal mass, which was surgically addressed. The plaintiff alleged that the physician was negligent in his post-operative pain control regimen claiming that it was too excessive and that the patient expired from a Demerol overdose.Plaintiff claimed damages in the amount of $1.2 million for pain and suffering and lost wages. This case was tried in Harrison Circuit Court in August, 2005. Outcome was a defense verdict (11-1). An appeal was filed, but was later dismissed.
Clay Robinson successfully defended an orthopedic surgeon in a case involving a 19 year old white male who developed post operative joint infection following arthroscopic surgery in June of 2001. Plaintiff claimed that the physician's neglect led to infection resulting in removal of hardware following arthroscopic surgery to fix osteochondritis dissecans.This case was tried in Franklin Circuit Court in October, 2005. Outcome was a unanimous defense verdict (12-0).
Benny Epling secured a summary judgment in August of 2005 on behalf of a Pikeville urologist accused of surgical negligence. The patient presented with a varicocele (testicular varicosevein) which was successfully treated, but when he suffered the loss of testicle sometime thereafter, he attempted to blame his doctor. The Court dismissed the case based on the demonstration the injury could not have been related to the doctor's care. Benny Epling successfully defended Central Baptist Hospital at trial regarding a foreign body found in a patient's cast after an ankle surgery. The patient alleged the object must have come from the operating room suite and that the Hospital staff should not have allowed this to happen. Mr. Epling retained a clinical engineer to examine the foreign body and opine it was not a piece of anything used in a hospital, proving it came from the patient's attempts to scratch inside his cast. The jury agreed, returning a defense verdict in August of 2005. Benny Epling successfully defended a surgeon in a case where a patient failed to survive a coronary artery by-pass grafting procedure. The family sued the surgeon, who was represented by Benny Epling at trial. The patient's estate argued the surgery should not have been attempted based on the patient's poor condition and that thereafter, the care was substandard. Mr. Epling secured a defense verdict at trial in August of 2005, proving surgery was a reasonable course and that the outcome was not a function of surgeon's care.2004
Clay Robinson successfully defended a general surgeon in a case involving a 36 year old female with a long history of morbid obesity. Patient underwent a Roux n Y gastric bypass and later developed a gastric leak. She had previously had a C-section for a placental abruption and a right knee arthroscopy. Plaintiff claimed that the physician was negligent in his failure to properly diagnose her condition and in his failure to properly treat the plaintiff she became disabled and suffered multiple organ failures.This case was tried in April 2004 before Judge Joseph H. Hood of the United States District Court for the Eastern District of Kentucky, Lexington Division. Outcome was a unanimous defense verdict. No appeal of the verdict was filed by plaintiff.
Clay Robinson successfully defended an orthopedic surgeon in a case involving an alleged missed diagnosis of a scapholunate ligament rupture in a 24 year old male. The scapholunate ligament connects the scaphoid (navicular) bone and the lunate bone in the hand. Plaintiff alleged that the missed diagnosis led to a delay in treatment resulting in the need for a proximal carpectomy.Plaintiff's demand at trial was $950,000. This case was tried in Rowan Circuit Court in July, 2004. Outcome was a unanimous defense verdict (12-0).
Clay Robinson and Benny Epling defended a vascular surgeon in a case involving a 59 year old female who underwent a femoral popliteal bypass surgery in November, 1998. She was found to have circulatory impairment to her left leg and required a revision surgery by a vascular surgeon. Adequate circulation appeared to have been restored to the left lower extremity. However, plaintiff continued to suffer from foot drop, apparently secondary to a peroneal nerve injury which manifested shortly after the first surgery. She ultimately underwent ankle fusion in August of 2000. Three months later she required a left below knee amputation.Plaintiff sued both the physician and hospital for negligence in her care and treatment. Additionally, plaintiff sued the hospital for negligence in permitting the physician to continue hospital privileges.
This case went to trial in December, 2004 in Kenton Circuit Court. The case settled 5 days after the trial began.