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Trial Results


Members have access to our unmatched Claims Department team, managed and staffed by some of the most experienced professionals in the insurance business. Our deep understanding of the local defense, plaintiff, and judicial environments combined with strong relationships, has resulted in a ten-year average of 90.5% defense verdict of our jury trials.

Following is a sample list of results from cases in which we defended policyholders. Many cases are private and unavailable for public viewing, but we hope that by reading the following results you are able to see how we approach case strategy and defense.

For specialty-specific trial results, visit the specialty resources pages in our risk management section.


Alleged Negligent Epidural Placement

Specialty: Anesthesiology
Allegation: A 34-year-old female alleged negligent placement of epidural anesthesia during labor resulting in a hematoma and temporary paralysis
Plaintiff Attorney: Richard Hilfer, Seattle, WA
Plaintiff Experts: Gale Thompson, MD, Anesthesiology, Seattle, WA, Sheena Aurora, MD, Neurology, Seattle, WA, Christopher Standaert, MD, Physiatry, Seattle, WA
Defense Attorney: Patrick Sheldon, Fain, Sheldon, Vanderhoef & Anderson, Seattle, WA
Defense Experts: Robert Caplan, MD, Anesthesiology, Seattle, WA, Max Lucero, MD, Anesthesiology, Seattle, WA, Linda Wray, MD, Neurology, Seattle, WA, Andrew Bronstein, MD, Neuroradiology, Bellevue, WA
Result: Defense verdict, King County Superior Court, Judge Hayden
Cost to defend: $204,025

Alleged Failure to Diagnose

Specialty: Emergency Medicine
Allegation: A 53-year-old male presented to the ER with complaints of chest pain. A cardiac evalua­tion demonstrated a normal EKG and normal cardiac enzymes. It was felt the patient had reflux disease. The ER physician called the physician covering for the pa­tient’s primary care physician, and also told the patient to make a follow-up appointment with his primary care physician in two days. The patient did not follow up and had a myocardial infarction 27 days later. The patient alleged that if he had been hospitalized, timely treatment would have prevented the cardiac injury.
Plaintiff Attorney: Mark Kamitomo, The Markam Group, Spokane, WA
Plaintiff Experts: Richard Cummins, MD, Emergency Medicine, Seattle, WA; John Olson, MD, Cardiology, Seattle, WA
Defense Attorneys: Dan Keefe, Edward Bruya, Keefe, King & Bruya, Spokane, WA
Defense Experts: James Nania, MD, Emergency Medicine, Spokane, WA; Russell Roundy, MD, Emergency Medicine, Spokane, WA; Gust Bardy, MD, Cardiology, Seattle, WA; William Bennett, MD, Cardiology, Spokane, WA
Result: Defense verdict, Spokane County Superior Court, Judge Price
Cost to Defend: $334,844


Alleged Failure to Diagnose

Specialty: Internal Medicine
Allegation: Failure to diagnose ovarian cancer over a one-year period of office visits in 51-year-old married homemaker, resulting in death.
Plaintiff Attorney: Tony Russo, Seattle, WA
Plaintiff Expert: Dennis Citrin, MD, Oncology, Chicago, IL; Robert Nielsen, MD, Internal Medicine, Seattle, WA
Defense Attorney: Jeffrey Street, Hoffman Hart & Wagner, Portland, OR
Defense Experts: Paul Tseng, MD, GYN, Portland, OR; Paul Kirk, MD, GYN, Portland, OR; Richard Kirkpatrick, MD, Internal Medicine, Longview, WA; Karen Island, MD, Pathology, Spokane, WA
Result: Defense verdict, Superior Court for Clark County, Judge John Nichols
Cost to defend: $200,662

Birth Injury

Specialty: Obstetrics
Allegation: Failure to appreciate uterine rupture and surgically intervene sooner resulting in neurologically damaged infant.
Plaintiff Attorney: Joel Cunningham of Luvera, Barnett, Brindley, Beninger & Cunningham, Seattle, WA
Plaintiff Experts: Stephen Clark, MD, Perinatology, Salt Lake City, UT; Richard Paul, MD, Perinatology, Los Angeles, CA; Laura Mahlmeister, RN, San Francisco, CA; Terry Winkler, MD, Physical Medicine/Rehabilitation, Springfield, MI
Defense Attorneys: Jim Martin and John Hart of Hoffman, Hart & Wagner, Portland, OR
Defense Experts: Frank Manning, MD, Obstetrics, Scarsdale, NY; Paul Kirk, MD, Obstetrics, Portland, OR; Jerry Sells, MD, Developmental Pediatrics, Bow, WA; Sally Stuart, MSW, Seattle, WA; David Strauss, Economist, San Francisco, CA
Result: Defense verdict, appealed by plaintiffs, Thurston County Superior Court, Judge Tabor
Cost to defend: $542,176 to date

Alleged Misdiagnosis

Specialty: Radiology and Neurology
Allegation: Misdiagnosis of spinal lesion resulting in unnecessary spinal surgery followed by post-surgical paraplegia secondary to cord compression in a diabetic 36-year-old single male. Plaintiff alleged lesion was AVM and surgery was contraindicated. Defendants diagnosed epidural lipoma at T1-T8. Lipoma confirmed by pathologist. Neuropathy justified surgical removal of the lesion.
Plaintiff Attorney: Matt O’Meara, Tacoma
Plaintiff Experts: Robert Rand, MD, Neurosurgery, Santa Monica, CA; Daniel Rovner, MD, Neurology, Los Angeles, CA; Donald Reay, MD, Pathology, Seattle; Mariann Drucker, MD, Radiology, Seattle, WA
Defense Attorney: Steven Fitzer, Burgess-Fitzer, Tacoma
Defense Experts: Robert Aigner, MD, Neurology, Seattle; Michael Peters, MD, Neuroradiology, Seattle, WA
Result: Defense Verdict, Superior Court for Thurston County, Judge Berschauer
Cost to defend: $139,751

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