Our Results

Jury Trials

In the last five years alone, our small firm has obtained defense verdicts in a dozen significant medical malpractice trials, involving serious brain injuries, paralysis, neurological injuries and wrongful death. Throughout their careers, our attorneys have tried over well over 150 civil and criminal trials in addition to handling numerous arbitrations, bench trials, mediations and appeals in cases covering the spectrum of medical malpractice and civil litigation.

Over the years, our lawyers have obtained defense verdicts covering the spectrum of medical malpractice defense.  The following is a partial list of their significant trials by medical specialty:

Obstetricians

Group B Strep with catastrophic brain injuries to infant;

Group A Strep infection with catastrophic brain injuries to infant;

Fetal death following amniocentesis;

Fetal death following placental abruption;

Alleged failure to properly diagnose and treat pneumonia in post-delivery period resulting in surgical removal of portion of the patient’s lung.

Emergency Medicine Physicians

Alleged failure of PA-C to diagnose cardiac disease where patient died one week following visit (2017)

Alleged failure to diagnoses coronary artery disease, resulting in fatal heart attack day after being seen in ED (2018);

Alleged failure to timely diagnose spinal epidural abscess resulting in paraplegia; (2015).

Allegation that antibiotic prescription resulted in ACL damage (2015)

Surgeons

Cardiothoracic surgery, death of patient following triple bypass (2018)

Laminectomy, alleged partial paralysis of patient (2015)

Laminectomy, alleged partial paralysis of patient (2014)

Corneal transplant surgery alleging complications(2018)

On call neurosurgeon responding to ED physician inquiry regarding pituitary tumor, patient suffered stroke 3 days after call (2017)

Neurological injuries following arm surgery (2014)

Alleged brain injuries following reparative vascular surgery;

Plastic surgery complications;

Anesthesiologists

Wrongful death action against anesthesiologist alleging to failure to timely intubate teenager in anaphylactic shock (2011)

Action to recover damages for father of five who suffered permanent neurological impairment after cardiac arrest coming out of anesthesia following transplant surgery (2015)

Miscellaneous

Wrongful death action against family practice physician alleging failure to prevent suicide (2013)

Wrongful death action alleging failure to order stress test (2014)

Wrongful death action against hospitalist alleging failure to diagnose and treat infection appropriately.

Washington Reports

Appeals

Our appellate team has briefed, argued and won cases in Divisions One & Two of the Court of Appeals, the Washington State Supreme Court and the Ninth Circuit Court of Appeals.  Our lawyers have helped shape the doctrine of loss of chance, preserved the integrity of defense verdicts against inappropriate post-trial intervention by judges, and advocated for a reasonable approach to the scope of duty of a defense attorney to the insured and the company, in addition to defending local governments and the need for tort reform. Below is a partial list of cases where our lawyers have shaped the law.

Dunnington v. Virginia Mason Med. Ctr., 187 Wn.2d 629 (2017).
Successfully postured case pretrial for appeal which requires loss of chance cases to be proven on a more probable than not basis and obtained a definitive statement that a patient has the duty to return for follow-up care.

Clark v. Teng, 195 Wn. App. 482, Review denied, 187 Wn.2d 1016 (2017).
Order granting plaintiff’s motion for new trial and terms
Reversed. Court ordered entry of judgment on costs and jury defense verdict

Nixon v. CHI Health Systems, et. al
Unpublished decision from 9th Cir. Court of Appeals affirming declination of supplemental jurisdiction on state claim against physician following dismissal on summary judgment against hospital.

Osborn v. Mason County, 157 Wn.2nd 18 (2006) (Amicus Curiae WAPA)
Successfully advocated for reasonable limitations on a County’s duty to protect against criminal activity of third person.

Joyce v. Department of Corrections, 155 Wn.2nd 306 (2005) (Amicus Curiae for WAPA)
Successfully advocated for reversal of plaintiff’s verdict based on vague “policies” associated with supervision of parole.

Paradise Bowl, Inc. v. Pierce County, 124 Wn. App. 759 (2004)
Established Pierce County’s right to regulate gambling, reversing adverse verdict in regulatory taking case.

Treyz v. Pierce County, 118 Wn. App. 458 (2003)
Affirmed right of Pierce County to consolidate district courts.

HJS Inc. v. Pierce County. 148 Wn.2nd 451 (2003).
Affirmed right of Pierce County to revoke preliminary plat based on developer’s disregard of conditions placed on it to protect endangered habitat.

Biggs v. Vail, 119 Wn.2nd 129 (1992); 124 Wn.2nd 193 (1994).
Defined terms of a frivolous claim under RCW 4.84

Sofie v. Fibreboard, 112 Wn.2d 636 (1989) (Amicus Curiae for WDTL)
While ultimately unsuccessful, Bertha presented strong arguments for the constitutionality of tort reform’s cap on non-economic damages.

Tank v. State Farm Fire & Casualty Co., 105 Wn. 2d 381 (1986)(Amicus Curiae for WDTL)
Clarifying the duty of good faith towards its insureds when defending under a reservation of rights and the role of insurance defense counsel in such cases.