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.
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.
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.
Attorneys Tom Schultz, Elliott Pinkie, Charley Smith, and Angela Della Rocco attend DTCI Annual Conference
The Defense Trial Counsel of Indiana's (DTCI) 21st Annual Conference and Meeting of the Membership was held in French Lick, Indiana on November 20-21, 2014. Schultz & Pogue, LLP attorneys Tom Schultz, Elliott Pinkie, Charley Smith and Angela Della Rocco attended and participated in the conference. Elliott remains active in DTCI's Trial Tactics section and will serve as Chair of the section once again in 2015. Tom Schultz is a Past President of DTCI, and several members of Schultz & Pogue, LLP remain active in DTCI.
Attorney Charley Smith presented a continuing legal education seminar on determining damages for the Indianapolis Bar Association’s Litigation Section on October 28, 2014. The seminar focused on tools available for determining damages, methods for determining damages, and how to keep clients apprised of any changes in the assessment of damages throughout the litigation. Charley also serves on the Executive Committee of the Indy Bar Association's Litigation Section.
Peter H. Pogue, a Principal Partner of Schultz & Pogue, LLP, recently obtained a defense verdict on behalf of a cardiologist in a heart attack resulting in death case tried to a jury in Danville, Hendricks County, Indiana. The decedent, a 47 year old male, presented to the Emergency Room complaining of chest pain, shortness of breath on exertion, sweating, dizziness, nausea, and vomiting, which had been occurring on and off for 2 days prior to presentation. The decedent had also presented on two prior occasions to the ER in the previous 6 weeks with similar complaints.
An EKG and cardiac markers were normal in the ER. However, due to the decedent’s complaints of chest pain, the decedent was hospitalized for further cardiology evaluation for chest pain. The defendant cardiologist performed a cardiology workup for the chest pain, inclusive of an exercise treadmill test with echocardiography. The decedent exercised greater than 10 METS on the treadmill, and the cardiologist believed the treadmill EKG and echocardiogram were normal. Two sets of additional cardiac markers were run showing elevated Troponin of .3 and .4, after the initial Troponin was normal at .2. Based on the normal exercise treadmill EKG and echocardiogram, the defendant cardiologist released the decedent and instructed him to follow-up in one week in the cardiologist’s office.
The decedent followed up with the cardiologist’s practice in one week. The decedent was seen by one of the cardiologist’s partners who believed the decedent had GERD and released the decedent to be followed by the decedent’s primary care physician. Eight days later the decedent had an acute myocardial infarction at home. He could not be resuscitated. The autopsy showed a 90% occlusion of the LAD Artery totally occluded by thrombus.
An Indiana Medical Review Panel consisting of 3 cardiologists found that the defendant cardiologist had breached the standard of care and caused the decedent’s death. The Panel relied on the abnormal Troponin level at discharge, and believed the EKG showed ST depression with the echocardiogram showing abnormal wall motion necessitating a heart catheterization. At trial, Peter called an expert witness cardiologist who testified that the defendant cardiologist had appropriately risk stratified the decedent as a low to moderate risk patient based on the decedent’s exercise tolerance, and that the EKG and echocardiogram were normal. The defense expert testified that the decedent could be released and followed with medications.
After 30 minutes of deliberations, the jury returned a defense verdict in favor of the cardiologist.
In September, Michael F. Mullen joined Schultz & Pogue, LLP as an Associate Attorney. Also in September, Nathan Baker joined the firm as a Paralegal. In addition, Jennifer Arriaga joined the firm as a Paralegal in May.
On September 6, 2014, the firm enjoyed a Saturday picnic at Eagle Creek Park in Indianapolis, Indiana. The family friendly event included a bounce house for the kids, catered lunch, door prize raffles, and bean bag toss. A cotton candy machine was also provided for the kids to enjoy.
Schultz & Pogue, LLP continued its support of the Fayette Regional Health System Foundation with a sponsorship to its annual golf outing held September 6, 2014, at Willowbrook Country Club. 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 is proud to support the FRHS Foundation.