What's Happening at Hart Wagner
- Lindsay Duncan and Stephanie Kucera Named Partner
- Kimberlee Morrow Discusses Best Practices For Peer Review
- Karen O’Kasey and Colleen Scott Obtain Defense Verdict Following 2-Week Trial
- U.S. News – Best Lawyers® “Best Law Firms” Honors Hart Wagner with Nine Tier 1 Designations
- Troy Bundy and Donna Lee Prevail On Motion For Summary Judgment
Lindsay’s diverse trial practice focuses on defense of professional claims against lawyers, banks, broker dealers, physicians, long-term care facilities, and hospitals. She also represents her clients’ business, professional, and personal interests before various appellate courts and professional licensing boards. She practices in the Portland office.
Stephanie’s practice focuses on assisting professionals with a variety of issues including: liability, business management, contracts, and employment matters. She specializes in professional negligence, insurance, and healthcare law. She is also a skilled litigator, representing individual professionals, business owners, clinics, and hospitals of all sizes. Stephanie practices in the Redmond office.
On Wednesday, November 13th, employment law attorney Kimberlee Morrow presented to a healthcare client on the topic of peer review. Her presentation titled, “Peer Review: Roadmap to Best Practices, ” discussed the history and current best practices for the peer review process.
On Friday, November 8th, a Multnomah County Circuit Court jury returned a defense verdict in a 2-week medical negligence trial. Hart Wagner attorney’s Karen O’Kasey and Colleen Scott represented a certified registered nurse anesthetist in the suit where plaintiffs sought over 50 million dollars in economic and non-economic damages. During the trial, O’Kasey and Scott prevailed on multiple directed verdict motions, leaving only two claims for the jury to decide.
U.S. News – Best Lawyers® “Best Law Firms” has issued its 2020 law firm rankings. Hart Wagner received nine regional Tier 1 designations as well as a national Tier 3 ranking in Appellate Practice. These rankings are based on lawyer evaluations, client feedback and peer reviews.
National Tier 3
Metropolitan Tier 1
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Portland – OR
Ethics and Professional Responsibility Law
Legal Malpractice – Defendants
Medical Malpractice – Defendants
Personal Injury Litigation – Defendants
Professional Malpractice Law – Defendants
Troy Bundy and Donna Lee prevailed today on a motion for summary judgment in a multimillion dollar professional negligence claim. Plaintiff claimed a licensed clinical social worker was negligent in providing counseling and therapy services to a child who was alleged to have been a victim of parental sex abuse. The court agreed with defense counsel that there was no sufficient nexus between the conduct at issue and the emotional injury alleged by plaintiff. Furthermore, any possible nexus was based upon privileged communications occurring between the DHS and the LCSW, who was a mandatory reporter.
Stephanie Kucera was featured in the OADC publication, “The Verdict”, for a case in which she obtained dismissal of claims relating to alleged unauthorized disclosure of protected health information. The Court dismissed plaintiff’s claims and ruled that Oregon law does not provide for a private right of action for alleged violation of HIPAA or ORS Chapter 192. Defendant’s motions were decided by Judge Bethany Flint of Deschutes County Circuit Court.
We’re pleased to welcome two new associates, Josh Sherman and Lauren Lewis to the firm.
Josh Sherman’s practice focuses on employment litigation, medical malpractice, and general liability. As an undergraduate, he attended University of Oregon, where he graduated cum laude. He went on to earn his law degree at Lewis & Clark Law School, also graduating cum laude. As a law student, he received the Law Review Excellence Award for outstanding work on Lewis & Clark’s Environmental Law review. He has also worked as a certified law clerk for the United States Attorney’s Office for the District of Oregon.
Lauren Lewis’ practice focuses on defending long-term care facilities in Oregon. She graduated from the University of Oregon School of Law. She also worked as a research assistant with Ocean Conservancy, where she assisted in researching Arctic maritime and transit legal matters. She also has litigation experience from her time as an extern for the Honorable Magistrate Judge John V. Acosta of the United States District Court for Oregon. Prior to joining Hart Wagner, she worked as a law clerk with the Oregon School Boards Association defending institutions of learning in Oregon, and as a clerk with the Municipality of Anchorage.
On September 11, the Oregon Court of Appeals affirmed the defense jury verdict in Gardner v. OHSU 299 Or App 280 (2019). Appellate attorney Janet Schroer handled the appeal for OHSU and its treating psychiatrist. Trial attorney Rod Norton’s defense verdict in this medical malpractice case was based on a jury verdict finding the plaintiff’s decedent was 58% at fault. Plaintiff asserted wrongful death claims against OHSU and plaintiff’s mental health providers, alleging their outpatient treatment was responsible for decedent’s suicide. The appellate court held there is no per se rule against comparative fault in cases involving outpatient suicide and upheld the jury’s finding of fault.
On Friday, August 30th, attorney Matt Kalmansonwas interviewed on Oregon Public Broadcasting’s program, “Think Out Loud”. Kalmanson discussed a case brought by animal rights and environmental activists that is being appealed after first being dismissed by a federal judge. In their lawsuit earlier this month, the Animal Legal Defense Fund and Seeding Sovereignty claimed they have a constitutional “right to wilderness”, and this right is being violated by the federal government’s failure to combat climate change more vigorously. Kalmanson joins Dave Miller to provide some analysis of the case, listen online.
Congratulations to the following Hart Wagner lawyers named to the 2020 edition of The Best Lawyers in America:
Troy Bundy: Health Care Law; Medical Malpractice Law – Defendants
John Hart: Medical Malpractice Law – Defendants; Personal Injury Litigation – Defendants
Matthew Kalmanson: Appellate Practice; Commercial Litigation
Rodney Norton: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants
Karen O’Kasey: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants
Aaron Potter: Medical Malpractice Law – Defendants
Janet Schroer: Appellate Practice; Personal Injury Litigation – Defendants; Professional Malpractice Law – Defendants
Gordon Welborn: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants (For Redmond, OR)
Michael Wiswall: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants
Since it was first published in 1983, The Best Lawyers in America has become known as the most respected peer-review publication in the legal profession.