SOBM News
2010
Richard P. Schiller and Terri E. Kirkpatrick successfully defended a Lexington heart surgeon accused of negligence for failing to prescribe DVT prophylaxis drugs and other precautions to prevent pulmonary embolism in a thirty-year-old patient who died two days after chest surgery. The defense called two world-renowned surgeons who discussed the risk factors for DVT and the evolution of mechanical and medicinal therapies to prevent them. A unanimous jury sided with the defense after six days of testimony.
Richard Schiller and Noel Halpin returned with a defense verdict in a medical malpractice case involving a neurologist who was accused of a delayed diagnosis of cancer which allegedly caused spinal cord compression resulting in neurologic deficits. The Jury found otherwise.
Richard Schiller and Terri Kirkpatrick returned with a defense verdict in a medical malpractice case involving a general surgeon whose patient died after a surgical procedure for the repair of bilateral hernias. Plaintiff alleged that patient was a poor surgical candidate who should not have been operated on at the time. The Jury found otherwise.
2009
Richard Schiller and Terri Kirkpatrick returned with a defense verdict in a medical malpractice case involving an internist who was accused of a delayed diagnoses of rectal cancer which allegedly led to a very difficult course for the patient. The Jury found otherwise.
Richard Schiller returned with a verdict for his client in a fire loss and bad faith case involving a property owner in Mississippi who allegedly caused his property to catch on fire. The Jury said otherwise.
Richard Schiller and Terri Kirkpatrick returned with a defense verdict in a medical malpractice case involving an anesthesiologist who was accused of using too high a dose of medicine to treat pain which allegedly led to the patient’s hip replacement. The Jury found otherwise.
Mark Osbourn obtained a defense verdict in a personal injury case. His client was driving a dump truck on a construction site when he accidentally backed over the Plaintiff who had stepped into his blind spot. Plaintiff claimed that the driver did not operate his truck in a safe and careful manner so as to avoid injury to other persons in the vicinity. The jury disagreed.
Mark Osbourn secured a defense verdict in a property damage case. His client was an insurer who had a policy of insurance for Plaintiff’s property. Plaintiff claimed that the insurer owed the Plaintiff for additional damages which resulted from a fire loss. The insurer previously settled the property damage claim and paid the Plaintiff, who in turn negotiated the settlement draft.
Mike Maloney was one of twenty-one Kentucky lawyers selected for inclusion in the 2009 Super Lawyer publication in the area of civil litigation defense.
Richard Schiller was one of nine Kentucky lawyers selected for inclusion in the 2009 Super Lawyers publication for the area of professional liability defense.
Mike Maloney obtained a defense verdict on behalf of an Indiana public utility in a premises liability action. The plaintiff claimed that he was seriously injured after falling into a water meter pit with an allegedly defective cover.
Carol Petitt returned with a unanimous defense verdict in a Whistleblower case involving a municipality where a deputy sheriff believed he was demoted after blowing the whistle on the sheriff, the act of whistle-blowing being to complain directly to the sheriff himself.