Congratulations to Tom Schultz and Angela Della Rocco in obtaining a defense verdict in a jury trial that recently took place in Terre Haute, Indiana. It was a premises liability case that presented with damaging testimony against the client, and an indemnity claim asserted by the landlord. Plaintiff suffered significant injury to his shoulder resulting in surgery and medical bills in excess of $60,000.00. The matter was tried over 3 days in Vigo County Superior Court, and the jury returned its verdict in forty minutes. Vigo County is the 26th different County in Indiana in which Tom Schultz has had a jury trial.
All the legal counsel in the world won't make a difference if your law firm is unable to take your case to court. At Schultz & Pogue, we know how to try cases. In fact, we've earned the business of our clients by our willingness to take your case to trial. With a practice focused on civil litigation, we will provide you with effective, efficient and responsive representation to meet your legal needs. Take some time and get to know us and learn more about the way we work and the impact we've made on our clients, our industry and our community. Give us a call and we'll get working on your case.
On May 13, 2015, Attorney Jon M. Pinnick presented a continuing legal education program for the Indianapolis Bar Association. The progarm was part of the Indy Bar's Litigation Trial Skills Series and focused on In-Trial Motions. A representative of the Plaintiff's bar also participated, and Jon presented In-Trial Motions from the defense perspective.
Attorney Aimee M. Gong recently attend the Defense Trial Counsel of Indiana's "Rookie Seminar" held for young lawyers at the Eiteljorg Museum of American Indians in Indianapolis. Aimee is a new member of DTCI, and has participated in two jury trials already in 2015 since joining Schultz & Pogue, LLP in January. The Rookie Seminar included such topics as pre-suit investigation, case evaluation, ethics & civility in the practice of law, ADR and mediation, trial tactics, and appellate practice. Members of Schultz & Pogue, LLP remain active in DTCI, and Defense Research Institute (DRI), a national civil litigation defense professional organization.
Congratulations to Attorney Elliott I. Pinkie and Aimee M. Gong in their representation of a Board Certified Nephrologist in defense of a medical malpractice case tried to jury in Indianapolis, Indiana in April. The case involved allegations of substandard medical care resulting in the wrongful death of a thirty-two year old patient. The physician had a long-standing patient-physician relationship with the paitent dating some twenty-eight years as the patient had developed hemolytic uremic syndrome at a very young age when the nephrologist began treatment. The patient also had two kidney transplants, and was on peritoneal dialysis. Unfortunately, the patient developed a catheter site infection resulting in PD related peritonitis and required hospital admission. Despite the appropriate medical care provided by the treating nephrologist at admission and the next day, the patient's condition deteriorated leading to an aspiration, and respiratory arrest. The patient was transferred to the ICU and ultimately expired after a three week hospitalization consisting of ventilator support and numerous consultations from neurologists, critical care physicians, and infectious disease specialists. Plaintiff's Estate claimed the nephrologist failed to more aggressively treat and monitor the patient on the morning following the patient's hospital admission, and that this caused an anoxic brain injury leading to the wrongful death of the patient. The Estate hired two out of state expert witnesses, and the defense called two members of the medical review panel and an independent expert witness at trial. After four days of testimony, and their deliberations, the jury returned a verdict in favor of the defense.
Attorney Elliot I. Pinkie recently attended the Indiana Society for Healthcare Risk Management's (ISHRM) Spring Education Conference in April 2015 held at the Marott Conference Center in Indianapolis. ISHRM supports continuing professional education by providing its members with practical advice and information in a forum designed to encourage the sharing of ideas, increase knowledge of practical risk management matters, and support collaboration with those in the profession of healthcare risk management. Topics included in the Spring Conference were HIPPA enforcement actions, data breaches, patient rights and advocacy, The False Claims Act, and current legislative issues in healthcare. Elliott continues to participate in ISHRM as well as the American Society for Healthcare Risk Management (ASHRM) in 2015.
Associate Attorney Aimee M. Gong, and former Schultz & Pogue, LLP Associate Brandon M. Kimura, appeared in the April 2015 Journal of the Indiana State Bar Association, Res Gestae. Aimee and Brandon were featured in the article by Brita A. Horvath of Faegre Baker Daniels, regarding diversifying mentoring relationships. Aimee and Brandon participated in the Indiana State Bar Association's Mentor Match Program wherein Aimee was paired with Samuel R. "Chic" Born and Brandon was paired with Magistrate Marcia J. Ferree, of the Marion Superior Court, Paternity Vision. The article provides a question and answer exchange with Aimee, Brandon, and their mentors detailing their experiences in the program and stressing the importance of mentoring for both the mentee and mentor.
Congratulations to Tom Schultz who recently obtained a defense verdict in an underinsured motorist case tried in Lawrence Circuit Court in Southern Indiana in April 2015. The case involved a rear-end collision in which plaintiff claimed over $50,000.00 in medical bills. A qualified settlement offer of $30,000.00 was previously been made prior to trial by jury. This marked the 60th jury trial for Tom and the 24th different county in the State of Indiana in which he has tried a case to a jury. We congratulate Tom on his acheivement and another defense verdict.
Attorneys Tom Schultz and Angela Della Rocco authored Stanley v. Walker revisited: Admissibility of discounted Medicare/Medicaid payments as evidence of reasonable value, as recently published in the March 11-25, 2015, edition of the Indiana Lawyer. The submission was made on behlaf of the Defense Trial Counsel of Indiana (DTCI), and addressed the confusion and disagreement that has emerged regarding dicounted payments and government paid health benefits in personal injury litigation. A link to the article is as follows:
Lawyers at Schultz & Pogue, LLP, are active members in DTCI, and Tom Shultz is a past President of DTCI.
In March 2015, Elliott attended the Defense Research Institute's Medical Liability and Health Care Law seminar in San Francisco. DRI’s Medical Liability and Health Care Law Seminar offered two days of targeted instruction on emerging topics in the medical malpractice and health care law field. The seminar sessions were aimed at defense attorneys, in-house counsel, claims professionals, and risk management personnel. It focused on cutting-edge topics presented by an accomplished faculty of attorneys, physicians, and claims professionals—all leaders in their respective fields. Attorneys at Schultz & Pogue, LLP remain active in DRI, and Defense Trial Counsel of Indiana.
Schultz & Pogue, LLP continues its support in 2015 of the Fayette Regional Health System Foundation with sponsorship and attendance at its Hollywood Gala held March 7, 2015. The FRHS Foundation is a separate 501(c)(3) non-profit charitable organization, with its sole purpose to support the mission of Fayette Regional Health System – To Care, To Serve, To Heal. The Foundation helps to ensure the hospital’s diverse strengths – the strengths that make Fayette Regional Health System a critical resource in the Fayette County community. Schultz & Pogue, LLP remains proud to support the FRHS Foundation.
Three Partners at Schultz & Pogue, LLP have been selected for inclusion in the listings of the Indiana Super Lawyers for 2015. They are as follows: Thomas R. Schultz, General Litigation; Peter H. Pogue, Personal Injury Defense, Medical Malpractice; and Jon M. Pinnick, Personal Injury Defense, Medical Malpractice.
The objective of the publisher of the Indiana Super Lawyers® publication is “to create a credible, comprehensive and diverse listing of outstanding attorneys.” The annual Super Lawyers® selection processes is multi-phased, including independent research, peer nominations and peer evaluations. Up to 5% of the total lawyers in Indiana are selected for inclusion in the listing of Super Lawyers®.
Schultz & Pogue, LLP congratulates its founding members on the 2015 Class of of Indiana Super Lawyers® and recognizes their recent publication in Indiana Super Lawyers® magazine, a supplement to the Indianapolis Monthly magazine.
Congratulations to Jon Pinnick. Represented Board Certified Emergency Department Physican and his Emergency Department Group. Case involved a 26 year old male who presented to our emergency department with history of chest pain and discomfort, shortness of breath, and headache. He had other generalized complaints as well. ED physician conducted complete and thorough examination and work up, including EKGs, cardiac enzymes and chest x-ray. All were essentially within normal limits, except for some mild cardiomegaly. Ultimately, ED physician appropriately diagnosed patient with pleuritic chest pain due to URI and jaw pain due to existing TMJ syndrome and discharged him with appropriate follow up instructions. 8 days later this patient re-presented to same ED, but this time had complaints of almost passing out three times, a one hour coughing fit, shortness of breath, and a popping sensation to back of neck while in the shower just prior to presentation. He was admitted. There was an incidental finding of an ascending aortic arch dissecting aneurysm. He was taken to surgery and died in the OR after an approximate 14 hour surgery. Plaintiff Estate claimed our clients failed to timely diagnose this aneurysm and caused the death of the 26 year old. Plaintiff hired two experts. We hired expert ED physician and expert Cardiothoracic Surgeon, both of whom testified persuasively at trial. DEFENSE verdict in Marion Superior Court.
January 2015: Congratulations to Jon Pinnick and Michael Mullen. Infant brought to ED by parents with complaints of fever, cough and stridor with difficult breathing. ED physician institutes appropriate steroids and breathing treatment. ED physician appropriately orders lateral x-ray of neck, and he results confirmed the ED physician’s suspicion of epiglottitis. ED physician secures STAT ENT consult and infant is emergency taken to the OR. Successfully obtained dismissal of ED physician pre-panel.
March 2, 2015: Congratulations to Jon Pinnick and Justin Wiler. We represented an Indianapolis Plastic Surgery Group. Plaintiff claimed our plastic surgeons negligently performed breast augmentation. In fact, plastic surgeons appropriately performed the BAM procedures. We obtained Summary Judgment in favor of plastic surgery group and its plastic surgeons prior to any medical review panel.
January 2015: Congratulations to Jon Pinnick. We represented Fort Wayne Orthopedic Surgeon Dr. W in claim before a medical review panel. Plaintiffs claimed Dr. W negligently performed total hip arthroplasty. In fact, Dr. W. performed the total hip arthroplasty appropriately. He obtained appropriate informed consent and performed the procedure with standard technique. We successfully obtained dismissal of claim, with prejudice, before the matter even proceeded to an Indiana Medical Review Panel.
January 2015: Congratulations to Jon Pinnick and Aimee Gong. We represented Board Certified Emergency Department physician in Indianapolis. Plaintiff claimed our ED physician failed to appropriately care for and treat patient in the ED and that this led to the wrongful death of such patient. The decedent presented to the ED complaining of abdominal pain and weight loss. Our ED physician thoroughly and completely evaluated and assessed said patient. He ordered an abdominal/pelvic CT, and this came back normal. Ultimately, because the patient had improved, she was discharged. She re-presented 5 days later and subsequently expired. We secured dismissal with prejudice before a medical review panel had been established.
November 2014: Congratulations to Jon Pinnick and Julia Condict. We defended Board Certified OB/GYN in Lafayette, Indiana. Dr. H performed da Vinci trachelectomy and bilateral salpingo-oopherectomy and lysis of adhesions. Plaintiff claimed Dr. H. negligently injured her bladder and rectum. We hired well respected Indianapolis OB/GYN who concluded Dr. H. had met the applicable standard of care. Medical Review Panel found unanimously in favor of Dr. H. Despite panel opinion, plaintiff secured expert from east coast. At the final pre-trial conference—one week prior to scheduled 4 day jury trial—Tippecanoe Superior Court granted our motion to dismiss.
Schultz & Pogue, LLP is pleased to annouce that Aimee M. Gong joined the firm in January as an Associate Attorney. Aimee is a graduate of Purdue University, and Valparaiso University's School of Law. Aimee will focus her practice on medical malpractice defense, employment litigation, and general civil litigation. She is licensed to practice in the State of Indiana, and is admitted to practice before the U.S. District Court for the Northern and Southern Districts of Indiana, and the U.S. Court of Appeals for the Seventh Circuit. In addition, Aimiee holds leadership positions in the American Bar Association Tort, Trial & Insurance Practice Section, Animal Law Committee, as well as in the Indiana State Bar Association Labor and Employment and Animal Law Sections. She is also graduate of the Indiana State Bar Association Leadership Development Academy.
Congratulations to Partner David G. Field in obtaining a defense verdict in December 2014 in a medical malpractice jury trial in the Madison County Superior Court in Anderson, Indiana. David represented an emergency medicine physician in a claim in which the plaintiff argued that due to the failure to perform an adequate neurological exam, the patient’s underlying spinal cord injury went undiagnosed and the patient suffered a subsequent permanent quadriparetic injury following a fall he experienced after his discharge. After six days of testimony, the jury returned a verdict in favor of the defense.
Tom Schultz, in his capacity as Defense Research Institute (DRI) North Central Regional Director and as Chair of the State & Local Defense Organization Relationship Committee, spoke in January 2015 at the DRI Leadership Conference held in Chicago. Tom spoke on the topic of leadership characteristics of a great DRI State Representative. Tom will also chair the State and Local Defense Organization Program at DRI's Annual Meeting to be held in Washington, DC in October 2015.