News
Cullen McKinney and Marisa Cicotte obtained a No Cause verdict in Washtenaw County on behalf of their client, an orthopedic surgeon who was alleged to have negligently performed a fracture repair surgery for a comminuted intertrochanteric femur fracture that resulted in a 4 cm leg length shortening, subsequent surgeries and permanently impaired gait. The plaintiff’s expert was the subsequent treating orthopedic surgeon, who was also the director of the department at the defendant hospital. Plaintiff requested $1.4 million in past and future damages, and after a short deliberation, the jury returned a 7-0 defense verdict.
NMDB Obtains Defense Verdict
Cullen McKinney and Steven Kraska received a No Cause of Action verdict in Wayne County, successfully defending a gastroenterologist who was alleged to have negligently perforated a patient’s esophagus during the performance of an esophagogastroduodenoscopy (EGD) procedure, resulting in the development of a pneumothorax, an urgent need to life flight the patient to a higher-acuity facility, permanent respiratory damage and death. After a short deliberation, all eight jurors agreed that the defendant physician had not breached the standard of care in his performance of the procedure, nor in his post-procedure care and treatment.
Congrats Paul!
NMDB Law is proud to announce that The Michigan State Bar Foundation has welcomed Paul Dwaihy to the 2024 Class of Fellows. The Fellows are leaders who are recognized for their professional excellence and service to the community. Learn about our Fellows Program https://lnkd.in/gNZmFJEy
Best Lawyers!
NMDB Law is proud to announce that Cullen McKinney and John Moran have been recognized by Best Lawyers for their outstanding work!
Join us in congratulating them both!
Super Lawyers!
NMDB is proud to present our 2024 Super Lawyers and Rising Stars! Congratulations to all of our wonderful attorneys!
NMDB Obtains Defense Verdict
Juliana Khalifeh and Eric Watson successfully defended a Wayne County hospital in a premises liability action alleging that the Defendant hospital failed to prevent a visitor from falling in an area of water while in the process of picking up a family member, who was being discharged. The Plaintiffs, a husband and wife, argued that the water had been seen by a hospital staff member and that the staff failed to appropriately address the area prior to the fall. Plaintiffs’ claimed injuries included a fractured patella, lumbar spinal injuries that required multiple interventions including two spinal fusion surgeries, the need for ongoing pain management, permanent disability, and loss of consortium. At the time of Trial, the Plaintiffs blackboarded $6.1 million in economic and noneconomic damages. After a 5-day Trial, the jury returned a unanimous NO CAUSE verdict within 30 minutes and agreed that the Plaintiffs failed to prove that the Defendant hospital had adequate notice of the alleged water.
NMDB Obtains Defense Verdict
After a winding path through the Court of Appeals and several trial court judges, Cullen McKinney and Marisa Cicotte obtained a no cause verdict for their orthopedic surgeon client in Oakland County Circuit Court before visiting Justice Robert Young in a case involving a burn injury under an electrocautery grounding pad. Plaintiff argued that the orthopedic surgeon was responsible for the inspection of the electrocautery grounding pad prior to the surgery, and that the only way that a burn could have occurred was through the negligence of the surgeon by either failing to check the pad, or that he missed that it was not adherent to the skin at the beginning of the procedure. Defense counsel argued that the standard of care did not require the surgeon to inspect the grounding pad prior to the surgery, and that was an operating room staff duty. The jury returned a unanimous defense verdict within 30 minutes.
NMDB Obtains Defense Verdict
Cullen McKinney and Lisa Anstess obtained no cause verdicts for two orthopedic spine surgeons in a case alleging an alleged delay in diagnosis of an incidental finding on a CT myelogram study. The jury found that one of the surgeons had no liability and the other surgeon was not a proximate cause of the alleged injuries.
NMDB Obtains Defense Verdict
Cullen McKinney and Marisa Cicotte successfully defended an orthopedic hand surgeon who was alleged to have caused a complete transection of the median nerve during a carpal tunnel release surgery, resulting in revision surgery and permanent impairment, pain, and numbness of the right hand. Plaintiff’s counsel asked for $881,000 in closing arguments, including economic and non-economic loss, and after a short deliberation, the jury agreed that this was a known risk and complication of the procedure and returned a NO CAUSE verdict.
NMDB Obtains Defense Verdict
John Moran and Heidi Warren successfully defended two radiologists and their professional corporation, alleged to be professionally negligent for the alleged failure to identify a colonic perforation on imaging studies following placement of a PEG tube, which resulted in subsequent surgery, sepsis and a lengthy hospitalization. After three weeks of trial in Saginaw County Circuit Court, John and Heidi obtained a NO CAUSE defense verdict.
Negligence Law Section’s 2024 Educational Seminar
Dive into the heart of trial skills, civility, and professionalism at the Negligence Law Section’s 2024 educational seminar. Happening at the MSU Education Center on Tuesday, October 1, this event promises to be a cornerstone for legal professionals eager to refine their craft. We’re thrilled to feature David Nauts from Tanoury, Nauts, McKinney & Dwaihy, ready to share invaluable insights and techniques. Make sure to be part of this transformative experience.
NMDB Obtains Defense Verdict
Congratulations to Cullen McKinney and Marisa Cicotte, who obtained a unanimous NO CAUSE defense verdict in Wayne County. Plaintiff alleged a failure of an internist to appropriately treat and manage multiple episodes of hypertensive crisis during 3 urgent care visits over a 5 month period of time, in a 46-year-old male, resulting in his death due to hypertensive cardiovascular disease, per the death certificate. The defense focused upon the distinction between urgent care and primary internal medicine care, the lack of compliance of the decedent, and a lack of proper and thorough postmortem investigation. Plaintiff requested 5 million for the alleged wrongful death. The defense verdict was returned within one hour.
NMDB welcomes John J. Moran, Heidi E. Warren, and Saulius Polteraitis.
John, who joins the firm as an equity partner, brings 33 years of experience to the firm and focuses his practice on the defense of physicians, hospitals, medical groups and other health care providers in malpractice actions as well as various entities in other general liability litigation matters. He was previously an equity shareholder with Abbott Nicholson, PC. John is a graduate of Michigan State University and earned his J.D. from The Dickinson School of Law at The Pennsylvania State University.
Heidi and Saulius also join the firm as principals from Abbott Nicholson and with a wealth of experience defending health care providers and institutions in malpractice cases as well as other litigation matters. Heidi, in practice since 2006, graduated from St. Louis University and earned her J.D. from the University of Detroit Mercy School of Law. Saulius, who was admitted to practice in 2005, completed his undergraduate education from The University of Michigan and earned his J.D. from the University of Connecticut School of Law.
NMDB is proud to announce that Karen E. Beach has become a shareholder.
Ms. Beach has been head of the appellate and complex motion practice department since joining the firm in 2021.
She focuses her practice in medical malpractice defense, but also has experience litigating appeals in general liability, municipal, civil rights, and auto negligence matters. Karen is a graduate of Marshall University and a member of its Society of Yeager Scholars. She earned her J.D. in 2011 from Duke University School of Law.
NMDB Obtains Defense Verdict
Cullen McKinney and Juliana Khalifeh received a Defense NO CAUSE verdict in Saginaw County Circuit Court, successfully defending a gastroenterologist against claims that he failed to timely diagnose a colon perforation following colonoscopy and EGD procedures, resulting in the patient’s death. After a 7-day trial, the jury unanimously agreed that there was no negligence and that the defendant provided appropriate care to his patient.
NMDB Obtains Defense Verdict
David Nauts and Gary Eller successfully defended an obstetrician and maternal fetal medicine specialist alleged to have caused a traumatic brain injury to a baby at the time of delivery during a two and one-half week trial in Washtenaw County Circuit Court. There were 21 witnesses called to testify, including eleven expert witnesses. The jury agreed that there was no negligence in the performance of the delivery and that the defendants did not cause injury to the baby.
Congratulations Jesse DePauw!
Jesse was recently appointed Co-Chair of the Amicus Committee for the State Bar of Michigan Negligence Law Section. The Amicus Committee comprise members of both the Plaintiff and Defense Bars. Its purpose is to debate and propose positions for the Negligence Law Section Council to adopt in amicus briefs submitted in pending cases before the Court of Appeals and Supreme Court.
Post-COVID Jury Trials: The Good, The Bad, and The Ugly
NMDB Law, in conjunction with Dr. David Cannon, Ph.D., presents the “Post-Covid Jury Trials: The Good, The Bad, and The Ugly” seminar on Feb. 9, 2024.
NMDB Obtains Defense Verdict
Marisa Cicotte and Juliana Khalifeh received a Defense NO CAUSE VERDICT in Oakland County Circuit Court. The plaintiff alleged professional negligence against an obstetrician-gynecologist for the failure to diagnose Lichen Sclerosus, a rare autoimmune disease, in an 18-year-old female. Plaintiff’s theme generally centered upon a subsequent diagnosis of the condition at another facility. Plaintiff requested $255,500 in past damages and $100 dollars per day for the rest of her life. No offers were made prior to Trial.
NMDB Obtains Defense Verdict
Cullen McKinney and Lisa Anstess received a No Cause of Action verdict in Macomb County, successfully defending an orthopedic surgeon alleged to have negligently injured a patient’s median nerve during the performance of a carpal tunnel release procedure, resulting in permanent damage. The jury agreed that the injury was a known risk and complication of the procedure, and returned a quick verdict after a short deliberation.
NMDB Obtains Defense Verdict
Paul Dwaihy successfully defended a family physician and his professional corporation. Plaintiff alleged that Paul’s client failed to diagnose diverticulitis, resulting in sepsis, multiple surgeries, and permanent colostomy. Paul obtained a no-cause verdict.
NMDB Obtains Defense Verdict
Paul Dwaihy successfully defended two ophthalmologists, an optometrist, and their professional corporation. Plaintiff alleged that the patient should not have undergone LASIK vision correction surgery and that the surgery resulted in permanent vision loss. Paul obtained a no-cause verdict.
