Troy Bundy

Troy Bundy is a specialist in Health Law litigation and litigation prevention.  He has been regularly endorsed as one of the Top Lawyers nationwide by the most respected peer review organizations in the industry including:  AVVO, The Best Lawyers in America, Who’s Who in American Law, American Institute of Personal Injury Attorneys, and Super Lawyers.  His practice emphasis includes:

Malpractice Defense

Complex Business Litigation

Health Care Credentialing, Licensing and Fair Hearings Defense

Regulatory Compliance (OIG, DEA, CMS investigations for medicare/medicaid Fraud, HIPAA investigations/reporting)

General Health Law Business Consulting (Anti-Kickback, Stark Law, Health care contracting and corporate structure)

Medical Malpractice

Troy has been defending professionals, including dentists, hospitals, doctors, nurses and other health professionals, since he joined the firm in 1996.  From complex obstetric and neonatal matters to more routine primary care issues, Troy has litigated and tried a wide variety of professional liability cases involving nearly every conceivable medical specialty throughout the course of his career, including the landmark birth injury case, Klutschkowski v. OMG.  Dental cases have included lingual nerve injuries, TMJ claims, and endodontic complications.  Whether before a professional licensing board or in the courtroom, Troy is comfortable with all aspects of claim management.

Catastrophic injury claims and class action litigation have become more prevalent in Troy’s practice during the last decade.  He is no stranger in both Oregon and Washington federal courts, and is licensed in all federal district courts in those states.

Complex Business Litigation

Troy is often brought in to defend cases involving complex business litigation in state and federal court.  This can be associated with case complexity or other more practical aspects of lawsuits that elevate the level of contentiousness, be it through handling the parties or opposing counsel.  Whether it’s a matter involving intellectual or real property, complex torts or cases involving catastrophic injury, partnership disputes, or antitrust matters, Troy applies a practical approach to problem-solving cases, enabling them to reach a faster and more favorable resolution for his clients.

Credentialing and Regulatory Compliance

A significant part of Troy’s practice at Hart Wagner includes serving his clients’ various health law needs.  This includes credentialing complaints, cyber-liability, HIPAA and DEA investigations, health related business formation and contract resolution, licensing board matters, billing disputes and privileging issues.  Given his experience in all aspects of health care litigation, Troy’s clients benefit from his experience and understanding concerning “what can go wrong” from a practical perspective.  Having dealt with business and contract disputes first-hand, he is in a unique position to protect his clients’ future interests.

Financial Fraud Defense

Troy has extensive experience in matters involving technical financial and accounting principles: defending professionals against claims for inappropriate billing and coding practices; handling claims associated with the improper allocation of funds related to business transactions, partnership agreements and home owner associations (HOA); managing financial fallout and settlements associated with failed cooperative health insurer (or co-op) created under a federal grant and loan program in the Affordable Care Act; and regularly working on medicare and insurance fraud cases involving detailed analysis of appropriate billing and coding practices based upon federal guidelines.

Accomplishments

Troy speaks frequently at professional liability seminars hosted by the Oregon Medical Association, Oregon Health Sciences University, and other professional organizations.  He is recognized for his excellence in the area of medical malpractice law in Oregon Super Lawyers, an honor limited to no more than five percent of the attorneys in the state.  Since 2011, Troy has been listed in The Best Lawyers in America, the oldest and most respected peer review publication in the legal profession.

For many years, Troy has served on the Multnomah County Arbitration Panel and has presided over a wide variety of matters including personal injury claims, debtor/creditor issues, and domestic relations disputes.  He is a featured author in the Thomson Reuters text: “Inside the Minds of America’s Leading Lawyers: Defending Medical Malpractice Claims,” published in 2012.  His next work, “Surviving Litigation: What You Need to Know,” was published in 2014.  Troy’s most recent book “First Chair:  An Associates Guide to Trial Work,” is in the process of being published.

In his spare time, Troy volunteers as general counsel for One Taekwondo Foundation Charitable Trust, a local charity that sponsors children of all backgrounds and encourages national and international martial arts competition, including games at the junior Olympic level.  He is also a registered coach with USA Taekwondo, the governing body for martial arts recognized by the U.S. Olympic Committee.


Education

Lewis and Clark College
Northwestern School of Law
J.D., 1994

University of Colorado
B.A., 1991

Experience

Hart Wagner LLP
Partner, 2000-present
Associate Attorney, 1996-2000

Nichols & Associates
Associate Attorney, 1995-1996

Admitted To Practice

Oregon State Courts
Washington State Courts
Illinois State Courts (Rule 707)
U.S. District Court: District of Oregon; Eastern District of Washington; Western District of Washington

Awards and Recognitions

Best Lawyers in America

Medical Malpractice Law – Defendants, 2011 – 2019

Strathmore’s Who’s Who, 2014

Oregon Super Lawyers

Personal Injury Medical Malpractice: Defense, 2006, 2012-2013, 2017-2018

Professional Activities and Associations

Multnomah Bar Association
Oregon State Bar, Health Law Section, Professional Liability Section
Oregon Association of Defense Counsel
The American Association of Nurse Attorneys
Washington State Bar
Professional Liability Defense Federation
Oregon Society for Healthcare Risk Management (OSHRM)
American Health Lawyers Association, Health Care Liability & Litigation Committee, Health Information Technology Committee

Professional Publications

“Surviving Litigation: What You Need to Know”, 2014

“Defending Health Care Providers in an Era of Changing Technology and E-Charting,” Inside the Minds: Defending Medical Malpractice Claims, 2012

“‘Sentinel Events’ Reporting: Guarding Privileged Data in Professional Liability Cases,” The Verdict, Oregon Association of Defense Counsel magazine, 1999

Presentations

“Recent Appellate Court Rulings and How They Affect You,” Oregon Society for Healthcare Risk Management Annual Conference, 2018

“Promises and Pitfalls of High Tech Medicine,” The Frances J Storrs, MD, 7th Annual Lectureship, 2015

“Understanding Malpractice Claims,” Malpractice Primer, 2014

“Malpractice Traps,” Advanced Litigation Prevention, 2014

“Litigation in an EHR World: E-discovery,” Practice Roundtable Meeting, 2013

“E-Charting: Savior or Curse?” HMO Health Litigation Update, 2013

“Litigation in a Virtual Age,” Legislative and Litigation Update, 2012

“Understanding the Medical Chart,” Law and Medicine, 2010

“New Developments in Defending Bad Baby Cases,” OADC Annual Conference, 2001

“From the Classroom to Clinical Practice,” Resident Annual Training Seminar, 1999

“Malpractice Pitfalls,” Liability Practicum, 1998

“HMOs on the Defense: Prescriptions for Accountability,” HMO Liability, 1998

Trial Experience

Sallee v. NWP:  Multnomah County Circuit Court, State of Oregon:  Defense verdict in $1.5 million lawsuit alleging negligent sciatic nerve injury during the performance of a total hip replacement.

Ramseyer v. Silverton Hospital et al,: Marion County Circuit Court, State of Oregon:  Case abandoned and dismissed with prejudice by plaintiff mid-trial in $40 million birth injury claim alleging failure to perform a timely cesarean section and perform appropriate neonatal resuscitation resulting in cerebral palsy.

Cloninger v Radiology Specialists of the NW: Multnomah County Circuit Court, State of Oregon:  Defense verdict in $12 million claim alleging failure to diagnose an expanding spinal hematoma, leading to paralysis.

Boles v. Jett: Jackson County Circuit Court, State of Oregon.  Defense verdict in $20 million neonatal birth injury claim alleging failure to treat staph aureus infection in premature infant.

Mann v. Popp: Multnomah County Circuit Court, State of Oregon.
Defense verdict in $1.7 million defamation claim against the Romanian Pentecostal Church.

Steuve v. Foley, MD: Benton County Circuit Court, State of Oregon.
Defense verdict in $2 million dollar claim alleging inappropriate medication prescription and informed consent.

Rieker v. Kaiser Foundation Health Plan: Multnomah County Circuit Court, State of Oregon.
Defense verdict in multimillion dollar fetal injury case alleging improperly handled obstetric management of shoulder dystocia.

Colton v. Shay, MD: Yamhill County Circuit Court, State of Oregon.
Defense verdict in $1.5 million claim alleging failure to appropriately diagnose and treat a developing osteomyelitis.

Miller v. Fedorov, MD: Lane County Circuit Court, State of Oregon.
Defense verdict in $10 million lawsuit alleging failure to diagnose and treat developing gangrene and sepsis resulting in a below-knee amputation.

Fino-Morales v. Baer, MD: Multnomah County Circuit Court, State of Oregon.
Defense verdict in $4+ million lawsuit alleging negligent obstetric management of shoulder dystocia, resulting in neonatal brachial plexus injury.

Sturman v. Tomlinson, MD: Clackamas County Circuit Court, State of Oregon.
Defense verdict in $9 million lawsuit alleging negligent interpretation of prenatal fetal ultrasound resulting in the live birth of a brain damaged neonate.

Van Dijken v. Baugh, MD: Multnomah County Circuit Court, State of Oregon.
Defense verdict in $2+ million lawsuit alleging failure to diagnose and treat developing post operative peritonitis.

Miller v. Athey, MD: Benton County Circuit Court, State of Oregon.
Defense verdict in multimillion dollar wrongful death lawsuit alleging a failure to diagnose and treat an impending heart attack.

Albi v. Kaiser Foundation Health Plan: Multnomah County Circuit Court , State of Oregon.
Directed verdict in multimillion dollar lawsuit alleging inappropriate management and use of prescription drug, Lupron Depot resulting in profound neurologic damage.

Greer v. PeaceHealth: Lane County Circuit Court, State of Oregon.
Defense verdict in $1+ million claim alleging a failure to diagnose and treat Infective Endocarditis leading to heart valve replacement.

Pohler v. Family Practitioner Health Clinic: Clackamas County Circuit Court, State of Oregon.
Directed verdict in case alleging failure to diagnose and appropriately treat ankle fracture, resulting in permanent injury and disability.

Johnson-Eddy v. Northwest Permanente, PC: Multnomah County Circuit Court, State of Oregon.
Directed verdict in $1.8 million wrongful death case alleging medical negligence in prescribing narcotics resulting in accidental overdose.

Klutschkowski v. Oregon Medical Group: Oregon Court of Appeals, 2012.  In this landmark medical malpractice case, the Oregon Court of Appeals held that a minor’s noneconomic damages were capped at $500,000 in lawsuits alleging negligent birth trauma.  The court reasoned that such claims were not recognized at common law and should be, therefore, subject to damage award limitations imposed by the Oregon State Legislature.  In appeal to Oregon Supreme Court, the issue of the cap applying to intra-uterine birth injury was left open, as the court held that the facts in this shoulder dystocia case did not involve an in utero injury.

Skaw v. Jayaram: Multnomah County Circuit Court, State of Oregon.  Defense verdict in lawsuit alleging severe burns associated with spinal radiofrequency ablation procedure.

Representative Clients

CNA Insurance Companies
Kaiser Foundation Hospitals
Kaiser Foundation Health Plan of the Northwest
Northwest Permanente, PC
Nurses Service Organization
PeaceHealth
Physicians Insurance
Southwest Washington Medical Center