Huff Powell Bailey

Raleigh Partner Pankaj "PK" Shere recently presented to North Carolina Healthcare Risk Managers on an important topic that our healthcare clients are facing today - selecting the right medical malpractice cases to take to trial. Some of the topics he addressed included evaluating witnesses and evidence through the lens of a modern juror, defending damages at trial, carefully considering the venue and jury pool, taking control of the decision on valuation and willingness to go to trial, demonstrating the strength, winning experience, and expertise of the defense team, and messaging opposing counsel that providers are not afraid of trying difficult cases in difficult venues. The meeting originally scheduled for Asheville, NC had to be moved due to the devastating impact of Hurricane Helene. The firm's thoughts and prayers remain with our friends in Western North Carolina.

HPB obtained another medical malpractice defense verdict last week in Fulton County, Georgia. Taylor Tribble and Josephine Hardin represented a neuroradiologist who interpreted an MRI of the lumbar spine for a 43-year-old male patient who suffered a back injury at work. The radiological interpretation of the lumbar MRI identified degenerative changes in the lumbar spine, a small disc protrusion with moderate neural foraminal stenosis and narrowing consistent with the patient's clinical complaints of low back pain. 7 months later the patient presented to the ER with a several month-history of abdominal pain and a recent history of vomiting blood. A CT scan of the patient's abdomen revealed a mass on his right kidney with metastasis to the liver and adrenal gland. A liver biopsy confirmed stage IV metastatic kidney cancer that had spread to the liver. The cancer was rare and extremely aggressive, HLRCC renal cell carcinoma which is less responsive to treatment. The patient received palliative care and passed away approximately one year later. The allegation of negligence against the defendant neuroradiologist was that she failed to identify an abnormality on the right kidney on the lumbar MRI performed 7 months prior to the cancer diagnosis. The kidneys, however, are not well visualized on a lumbar MRI, and it is not the ideal study to detect kidney cancer. The case was complex and difficult with an unfortunate outcome and a very sympathetic patient and family. After 3 hours of deliberation, the jury returned a defense verdict. In addition to her extensive trial practice, Taylor is Managing Partner of Huff Powell Bailey. Josephine is an associate in the Atlanta office and has been involved in five medical malpractice trials since graduating from Emory Law School in May of 2023.

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HPB trial attorneys secured another medical malpractice defense verdict in Georgia last week. Sharonda Boyce Barnes and Caitlin Eldred took this case to trial in Cobb County, Georgia. They represented a plastic surgeon and his group accused of committing medical malpractice in the care of a patient. Plaintiff, a 20-year-old female patient, alleged that the defendants negligently performed her breast reduction surgery, that she was not a proper candidate for surgery because of multiple co-morbidities, and that defendants failed to obtain valid proper informed consent. Plaintiff further alleged that her postoperative care was mismanaged and that a medical assistant engaged in the unauthorized practice of medicine in interacting with her after the surgery. Plaintiff claimed that as a result of defendants' negligence, she experienced a dehiscence of her surgical wound, unnecessary scarring and permanent disfigurement, that she was unable to breastfeed her child, and has and will continue to have significant past, present, future pain and suffering. Plaintiff asked the jury for multiple millions of dollars. Sharonda is a partner in the Atlanta office of Huff Powell Bailey. She is trial tested, routinely in the courtroom, and tries several high exposure cases per year. A significant portion of Sharonda's medical cases are hospital cases in difficult venues that in the last four years have rendered $30, $50, $70-million -dollar verdicts in medical cases. Sharonda also handles high exposure excess commercial general liability cases pending in these same difficult venues. Caitlin is an associate in the Atlanta office of the firm. She is also routinely in the courtroom and has tried multiple difficult cases in difficult venues. Caitlin has handled the defense of complex high exposure medical malpractice, general premises liability, and trucking and transportation cases.

We are honored to be designated by Best Lawyers in America as a 2025 Best Law Firm.

Another defense verdict secured by Huff Powell Bailey's South Carolina attorneys David Williford and Timothy Maio. David and Tim tried this medical malpractice case in Richland County, South Carolina, a venue typically difficult for the defense. They represented an oncology physician who prescribed Venetoclax as a chemosensitizer for a patient with an aggressive chronic lymphocytic leukemia that had developed into Richter's transformation, a more aggressive form of diffuse large B-cell lymphoma. The 800mg of Venetoclax was intended to potentiate the chemotherapy the patient was receiving. The patient took the first dose in the morning and that afternoon he contacted the physician and presented to the ER with new symptoms of nausea, fever and tingling. The patient died in the ER. The plaintiff alleged that the oncologist overprescribed the medication causing tumor lysis syndrome (TLS), which was listed as a black box warning in the package insert for the medication. The plaintiff also alleged that the defendant negligently failed to monitor the patient while he was taking the medication. David and Tim argued that the 800mg of Venetoclax was appropriately prescribed based on the literature and the consultation and approval of a sub-specialist. They also demonstrated through experts that because he was in his second cycle of chemotherapy, his risk for TLS was low, and therefore, allowed him to be managed on an outpatient basis. Defendants further argued with the assistance of experts that the postmortem and toxicology disproved that the patient died from TLS and Venetoclax. Instead, the defense asserted that the patient's death was caused by extensive tumor burden, extensive liver necrosis and acute liver failure as a result of the cancer/tumor burden. Plaintiff was seeking $8 million in damages. The jury returned a verdict for the defense after approximately 2 hours of deliberation. David is a partner in Huff Powell Bailey's Greenville, South Carolina office. A significant portion of his practice is devoted to the defense of medical malpractice cases. David has tried many of these cases and has a proven track record of obtaining successful results for his clients, which include physicians, nurses, mid-levels, hospitals, and other healthcare entities. He is routinely recognized by his peers as a Legal Elite attorney, a SuperLawyer, and a Top Lawyer in South Carolina for the defense of medical malpractice cases. Timothy is an associate in the firm's Greenville, South Carolina office. His practice is concentrated in the defense of medical malpractice cases. He graduated with honors from the University of South Carolina School of Law. Prior to law school, Timothy served in the United States Marine Corps for 4 years.

Congratulations to HPB's North Carolina Trial Team, Pankaj "PK" Shere, Katherine Hilkey-Boyatt and Jonathan Earnest for their defense verdict in a 3-week medical malpractice trial last week. The case, tried in Pitt County, North Carolina, concerned the wrongful death of a 54-year-old male patient who suffered a massive heart attack 9 days after an ER visit and discharge from a local hospital. The patient initially presented to the emergency department complaining of chest pain. The defendant, a nuclear medicine cardiologist interpreted a nuclear stress test and EKG that suggested potential ischemia, or attenuation, artifact rather than severe ischemia. A cardiac CTA was suggested for follow up. The defendant nuclear medicine specialist did not see, examine or assess the patient for his clinical presentation and condition. The patient allegedly continued to experience clinical symptoms including chest pain at and after the time of discharge. He also had 2 outpatient visits with his primary care provider after discharge. He did not return to the emergency department, nor was he seen by a clinical cardiologist. The defendant was not advised of nor was he aware of the patient's ongoing symptoms and presentation. The jury returned a defense verdict after 1 hour of deliberations. PK Shere is the managing partner of Huff Powell Bailey's Raleigh office. He is a graduate of the University of Richmond School of Law and is licensed to practice law in Georgia, North Carolina and the District of Columbia. PK has extensive experience and success defending and trying cases for medical providers and healthcare entities. In recognition of his success, PK is frequently hired by excess carriers for national trial work in complex high stakes cases in other states. He has specific expertise and experience in birth injury cases for which he is consulted by excess carriers in cases pending in North Carolina, Georgia and many other states. PK is frequently recognized by his peers as a SuperLawyer, Best Lawyer and as a member of a Best Law Firm. He is also a member of Litigation Counsel of America and the American Board of Trial Advocates. Katherine Boyatt is a partner in the Raleigh, North Carolina office of Huff Powell Bailey. She is a UNC law grad with more than 20 years-experience defending and trying medical malpractice and long-term care cases. She also has extensive experience and particular expertise in defending and trying birth injury cases. Jonathan Earnest is an associate in the firm's Raleigh, North Carolina office. He has 2 years-experience defending medical malpractice, long-term care and general liability cases. He graduated cum laude from Campbell School of Law where he served as editor for the Campbell Law Review. In college, Jonathan was a 4-year varsity athlete.

Congratulations to our newest attorneys who passed the Georgia bar exam and were sworn in this week before the Honorable Stacey Hydrick, Judge Superior Court of DeKalb County, Georgia. Thank you to Judge Stacey Hydrick and her staff who made this possible. We are honored to welcome these new lawyers to the practice of law. Scherezade Mendez; Keillor Johnston; Karian Chard; Andrew Morales; and Jacob White.

Huff Powell Bailey attorneys secured another defense verdict last week in a Fulton County, Georgia labor and delivery medical malpractice case. The lawsuit alleged that the medical providers failed to properly monitor the labor of a 40-year-old pregnant patient, failed to properly interpret fetal monitor tracings and failure to timely intervene to perform an expedited delivery of the infant. Plaintiffs alleged that these failures resulted in uterine rupture and hypoxic ischemic injury to the infant. Plaintiffs were seeking $88 million in damages. The defense team demonstrated through the testimony of treatment providers and independent expert witnesses that the care and treatment was proper and did not cause the injury alleged. Taylor Tribble is the Managing Partner of Huff Powell Bailey. In addition to that role, she has a very busy trial practice. Taylor handles many medical malpractice cases and high exposure general liability cases and takes several of these cases to trial each year. She has been recognized by her peers as a Georgia Super Lawyer Rising Star and a Best Lawyer and frequently gives presentations for national medical liability conferences, including Medical Professional Liability conferences and ACI labor and delivery malpractice conferences. Taylor obtained her law degree from the University of Georgia where she served on the Moot Court Board and competed on both the Intrastate and Hulsey Kimbrell Moot Court Teams. Taylor was also the Articles Editor for the Journal of International and Comparative Law. Josephine Hardin is an attorney in the Atlanta office of Huff Powell Bailey. She is a 2023 graduate, with honors, of Emory University School of Law, where she served as Editor-in-Chief of the Emory International Law Review. In the last year, Josephine has gained valuable trial experience serving as defense counsel in the trials of several medical malpractice cases in Georgia, reflecting the firm's philosophy of getting young attorneys into trial early and often. Josephine is also licensed to practice in New York. www.huffpowellbailey.com

Huff Powell Bailey Partners Lindsey Cassimus and Scott Bailey secured another defense verdict for their clients in a recent Georgia medical malpractice trial. Lindsey and Scott tried the case in Fulton County, Georgia. Plaintiff alleged that the defendant gastroenterologist negligently performed a colonoscopy. Plaintiff alleged that the physician caused a bowel perforation by negligently advancing the colonoscope against resistance he encountered during the procedure. The jury found that the performance of the procedure met the applicable standard of care and returned a verdict in favor of the defendants. Lindsey, who led the defense team at trial, is a Partner in the firm's Atlanta, Georgia office. She is a 2015 graduate of Emory University School of Law, where she served as Notes and Comments Editor for the Emory Law Review. She also completed a two-year clerkship with the Honorable Brian J. Amero, Judge of the Superior Court of Henry County, Georgia. Lindsey has been litigating medical malpractice cases since she joined the firm and has taken a significant number of cases to trial. Scott is a founding Partner of Huff Powell Bailey. Scott has been defending medical malpractice cases since 1996. He tries a significant number of medical malpractice cases every year. Scott is routinely recognized by his peers as a SuperLawyer. He also has been recognized by the Litigation Counsel of America, Best Lawyers, Preeminent Lawyers, and the American Board of Trial Advocates. In 2019, Scott was inducted into the prestigious American College of Trial Lawyers.