Jennifer L. Moore named a Fellow of the Litigation Counsel of America
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November 6, 2018 – We are pleased to announce that Jennifer Moore has been named a fellow of the Litigation Counsel of America (LCA), which is an invitation only honorary society established to reflect the new face of the American bar.  LCA Fellows are evaluated for their effectiveness and accomplishment in litigation, trial work, and overall ethical reputation.  LCA’ s membership reflects less than one-half of one percent of American lawyers with its limited membership held at 3,500 members.  Jennifer joins three of BB&L Shareholders as LCA Fellows; Amy Forbis, Elizabeth Leedom, and William Leedom.  We are very fortunate to have leading trial lawyers serving our clients.  As a firm with a majority of women lawyers, we take seriously our responsibility to mentor the next generation of diverse and inclusive trial lawyers.

Plaintiff v. Hospital and Providers
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July 2, 2018 – BB&L Shareholder Amy Forbis with Associate Attorney Jenny Churas defended a medical institution in a medical negligence case involving allegations against the obstetrics providers and the hospital claiming a failure to meet the standard of care with a Trial of Labor After Cesarean Section delivery and failure to obtain informed consent for the treatment plan, which resulted in injury to the baby during the delivery.  After a multi-week jury trial, the jury returned with a verdict in favor of both the providers and the hospital. (Pierce County Sup. Ct. No. 16-2-07212-2)

Plaintiff v. Medical Center
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October 18, 2018 – Congratulations to Bruce Megard, David Norman, and the rest of the BB&L team for their defense verdict in favor of their client, a defendant medical center.  The case centered around a claim of medical negligence based on the alleged failure to deflate a Foley catheter balloon before withdrawing the catheter from a patient.  Plaintiff, the executor of the patient’s estate, alleged that the removal caused permanent urethral injury, permanent neurogenic bladder, and sexual dysfunction in the patient. (King County Sup Ct. No. 17-2-18430-6 SEA)

Elizabeth A. Leedom receives Washington Defense Trial Lawyer’s Outstanding Defense Trial Lawyer Award
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October 9, 2018 – Congratulations to Elizabeth “Liz” Leedom, who was presented with Washington Defense Trial Lawyer’s (WDTL) Outstanding Defense Trial Lawyer Award presented at their 2018 event that honors the Judges of Washington for their significant contributions to the legal community.  In receiving this award, Liz was recognized for promoting the highest professional and ethical standards for Washington civil defense attorneys and is viewed as an individual who promotes collegiality, professional decorum and the utmost ethical standards while practicing supreme advocacy for her clients.

Plaintiff v. Medical Center
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September 5, 2018 – Congratulations to William Leedom and David Norman, and the rest of the BB&L team, for their defense verdict in favor of their client, a defendant medical center.  The case centered around a claim of medical negligence against a board certified cardiac surgeon for temporarily losing a small surgical needle in the patient during a successful and complex multi-hour heart operation in December 2014.  The needle was discovered to be in the patient during the operation, but it could not be retrieved by the surgeons.  The medical consensus from the patient’s providers, including specialists providing second opinions, was that the risks of surgical intervention to remove the needle far outweighed any potential benefit of removing the needle, and that the needle was not going to change position or cause any physical harm to the patient.

 

Trial began August 27, 2018 before the Honorable Mary Roberts in King County Superior Court.  The jury returned a verdict for the defendant medical center on September 5, 2018, concluding that the defendant met the standard of care. (King County Sup. Ct. No. 27-2-08438-7 SEA)

Plaintiff v. Medical Center
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August 20, 2018 – Congratulations to Bruce Megard, David Norman, and the rest of the BB&L team for their judgment as a matter of law in favor of their client, a defendant medical center.  The case centered around a claim of medical negligence against a board-certified Otolaryngologist for allegedly negligently transecting the patient’s facial nerve during a complicated revision neck dissection for recurrent papillary thyroid carcinoma.

 

Trial began August 13, 2018 before the Honorable Karen Donohue in King County Superior Court   After the plaintiff rested, Bruce and David’s client moved for judgment as a matter of law on the basis that plaintiff’s expert failed to provide sufficient evidence upon which a reasonable jury could find liability against defendant.   Judge Donohue agreed with Bruce and David, and granted the motion on August 20, 2018, dismissing plaintiff’s claim. (King County Sup. Ct. No. 17-2-13370-1 SEA)

Plaintiff v. Hospital
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April 6, 2018 – BB&L shareholder Bruce Megard defended a local hospital in a medical negligence case involving allegations against the emergency department provider and the hospital claiming that there was a failure to diagnose a pulmonary embolism, which resulted in the patient’s death.  After a multi-week jury trial, the jury returned with a verdict in favor of both the provider and the hospital. (King County Sup. Ct. No. 16-2-09432-5 KNT)

BB&L Attorneys Recognized as 2018 Super Lawyers and Rising Stars, and 2019 Best Lawyers
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August 15, 2018 – BB&L is again pleased to announce and congratulate its attorneys selected as 2018 Super Lawyers® and Rising Stars®, and to The Best Lawyers in America© 2019. We want to especially recognize Michael Madden who was named the 2019 Best Lawyers® Litigation-Health Care “Lawyer of the Year” in Seattle. All of our attorneys, coupled with talented legal support and administrative professionals, have done an excellent job representing BB&L’s clients and practice. The following lawyers have been recognized:

2018 Super Lawyers®: Jennifer Crisera; Amy Forbis; Carol Sue Janes; Elizabeth Leedom; William Leedom; Michael Madden; Amy Magnano; Bruce Megard; and Jennifer Moore

2018 Rising Stars®: David Norman and Erin Seeberger

2019 Best Lawyers®: Jennifer Crisera (Medical Malpractice Law – Defendants); William Leedom (Personal Injury Litigation – Defendants); Elizabeth Leedom (Medical Malpractice Law – Defendants); Michael Madden (Litigation – Health Care “Lawyer of the Year”, Appellate Practice, and Medical Malpractice Law – Defendants); and Amy Magnano (Health Care Law)

Elizabeth Leedom Appointed to the Washington Pattern Instructions Committee
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August 7, 2018 – Congratulation to Elizabeth “Liz” Leedom who was nominated by the Washington Defense Trial Lawyers (WDTL) to serve on the Washington Pattern Instructions Committee. Liz was informed on August 7, 2018 by Washington Supreme Court Chief Justice Mary Fairhurst that her appointment was confirmed and would run through July 15, 2022. Liz is a longtime member of WDTL and is honored to continue her service to both the overall community and the legal profession.

Amy Forbis Inducted into International Society of Barristers
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April 19, 2018 – We are pleased to recognize Amy Forbis’s induction into the International Society of Barristers.  Amy was elected a fellow on October 5, 2017 and inducted at their 2018 Annual Meeting in London, England.  According to its website: “Membership in the International Society of Barristers is extended to advocates of exceptional talent whose qualities including integrity, honor, and collegiality embody the spirit of the true professional.  Membership is by invitation only after rigorous screening process involving lawyers and judges to identify trial lawyers who meet its standards.”

Bruce Megard Named to American Board of Trial Advocates
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June 12, 2017—BB&L President and Co-Managing Director Bruce Megard has accepted an invitation to become a member of the American Board of Trial Advocates (ABOTA). BB&L is pleased to add Bruce to its list of attorneys accepted to this prestigious national organization. Congratulations, Bruce!

BB&L Attorneys Recognized as Super Lawyers, Best Lawyers and Rising Stars
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June 10, 2017—BB&L would like to congratulate the attorneys named to this year’s Super Lawyers, Best Lawyers and Rising Stars lists. Each of these attorneys has done an excellent job representing BB&L’s practice this past year. Excellent job, everyone! Please read on for a list of all recognized attorneys.MORE

Super Lawyers: Ed Bruya, Jennifer Crisera, Amy Forbis, Carol Sue Janes, Liz Leedom, Bill Leedom, Mike Madden, Amy Magnano, Bruce Megard, and Jennifer Moore

Best Lawyers: Bill Leedom (Personal Injury Litigation); Liz Leedom (Medical Malpractice Law – Defendants); Mike Madden (Appellate Practice; Litigation – Health Care; Medical Malpractice Law – Defendants)

Top 50 Women Lawyers: Liz Leedom

Rising Stars: Rhianna Fronapfel, David Norman, and Erin Seeberger

Plaintiff v. Medical Center
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May 26, 2017—Congratulations to Bruce Megard, Rhianna Fronapfel, and the rest of the BB&L team for their recent verdict in favor of their client, a defendant medical center. The case centered around alleged medical negligence by two physician employees of the medical center involving complications from a procedure to treat a vascular malformation.MORE

Following a two-week trial in King County Superior Court before the Honorable Beth Andrus, the jury found in favor of the medical center, concluding that the physician employees met the standard of care with respect to their care and treatment of the plaintiff.

Liz Leedom and Erin Seeberger Secure Voluntary Dismissal of Wrongful Death Claims
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May 11, 2017 – In a case involving wrongful death claims by the parents of a deceased five-month-old infant, shareholder Elizabeth A. Leedom and associate Erin C. Seeberger secured a voluntary dismissal of all claims shortly before trial. Trial was scheduled to begin May 30, 2017.MORE

Liz and Erin were prepared to defend the interests of our client in what would have been a four-week trial with nearly 30 witnesses expected to testify. In a surprising turn of events, plaintiffs elected to dismiss the case in its entirety. Congratulations to Liz and Erin on the best possible result for our client.

Ed Bruya and Eric Byrd Assist WDTL in Obtaining Unanimous State Supreme Court Opinion
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February 2, 2017 – BB&L wants to congratulate its attorneys Edward Bruya and Eric Byrd for their work on behalf of the Washington Defense Trial Lawyers (“WDTL”) to obtain a unanimous opinion from the Washington State Supreme Court in Dunnington v. Virginia Mason Med. Ctr., 91374-9, 2017 WL 449959 (Wash. Feb. 2, 2017). MORE

The WDTL’s brief focused its analysis on defending Washington’s historical fidelity to the “but for” standard as the appropriate standard in medical negligence and loss of chance cases, and cautioned the Court against replacing it with the “substantial factor” standard. The application of the defense-adverse “substantial factor” standard would lower the bar to introduce speculative expert testimony, require a jury’s conjecture regarding proximate causation, and expose defendant medical care providers to a lower burden of proof. The WDTL briefing also referenced persuasive authority from Courts around the United States to encourage the Supreme Court to hold patients accountable for failing to abide by a health care provider’s instructions regarding follow-up care, and to allow such evidence as a basis for the affirmative defense of contributory negligence. Ultimately, the Supreme Court agreed with WDTL’s analysis, and held in favor of the defense to: (1) uphold the application of the “but-for” standard of causation to loss of chance claims, and (2) allow evidence of a patient’s failure to follow a provider’s instructions on follow-up care as proof of comparative fault. For more information about this decision, please see our client alert.

Plaintiff v. OB/GYN
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February 24, 2017 – Shareholder Elizabeth A. Leedom and associate Erin C. Seeberger obtained summary judgment dismissal on behalf of an OB/GYN and her clinic in a case alleging significant birth injury to an infant child during labor and delivery. Plaintiff claimed that she requested a C-section delivery of her child and did not consent to ongoing labor.MORE

Plaintiff did not have an expert to testify that any neurologic issues developed by the infant were caused during labor and delivery, or to testify at what point a C-section delivery may have changed the infant’s outcome. Plaintiff raised claims of negligence, medical battery, and lack of informed consent. Liz and Erin successfully argued that C-section delivery was not medically necessary at the time the plaintiff allegedly requested it, and therefore the doctor had no obligation to provide the plaintiff with that treatment option. They also successfully argued that medical battery did not apply because the allegations involved the failure to perform the allegedly desired procedure rather than a harmful or offensive touching. The court denied plaintiff’s motion for reconsideration on March 27, 2017. (King County Sup. Ct. No. 16-2-04120-5)

Plaintiff v. Hospital, et al.
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November 4, 2016 – Congratulations to William Leedom, Jenny Churas, and the Bennett Bigelow & Leedom litigation team! Following a four-week trial in King County Superior Court, the jury returned a unanimous defense verdict in favor of multiple defendants.MORE

The plaintiff claimed that her hospitalist and various consultants negligently failed to diagnose and treat a pseudo aneurysm. The jury ruled in favor of the hospitalist and four different consultants, finding that each met the standard of care with respect to their care of the plaintiff. The jury was unable to return a verdict on claims against two additional providers, resulting in a mistrial as to those claims. The jury did not find for the plaintiff as to any claim. (King County Sup. Ct. No. 15-2-14412-0)

Plaintiff v. Hospital
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October 20, 2016 – Congratulations to Bruce Megard and Erin Seeberger on their defense verdict on behalf of our client in a federal court trial before the Honorable Robert Bryan. The case involved claims of race and disability discrimination, False Claims Act retaliation, and defamation. All claims except disability discrimination were dismissed in advance of trial.MORE

Plaintiff was an independent contractor hired by a local health care provider whose employment required him to obtain medical staff membership and privileges from the hospital. The hospital denied plaintiff’s application for medical staff membership because he failed to demonstrate current clinical competency. Plaintiff claimed his application was denied due to a mental health diagnosis. After a six-day trial, the jury returned a unanimous defense verdict. (U.S. W.D. Wa. 15-cv-05579 RJB)

Plaintiff v. Medical Center
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August 5, 2016 – BB&L shareholders Bill Leedom and Mike Madden represented a prominent spine surgeon and his employer in a high profile, complex wrongful death case involving numerous claims, including not only the standard medical negligence allegations, but also claims of battery and violations of Washington’s Little RICO Act. MORE

The case also involved product liability and other claims against the manufacturer of a bone cement, and officers of the company. The company and its officers settled during trial, and all of plaintiffs’ claims other than medical negligence and lack of informed consent were dismissed on motion during trial. After hearing evidence over six weeks, and deliberating for four days, the jury returned a defense verdict on both remaining claims. After the jurors were discharged, they made it a point to speak with the doctor to tell him that they would trust him to care for them should they ever need it. We are pleased and proud to have achieved this result for our clients.  (King County Sup. Ct. No. 13-2-29535-1 SEA)

Erin Seeberger elected to WDTL’s Board of Trustees
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July 16, 2016 – Erin Seeberger was elected by the Washington Defense Trial Lawyers Association membership to serve on its Board of Trustees. The WDTL’s mission is to serve its members through professional development, education and camaraderie, to promote the highest ethical standards for Washington civil defense attorneys,MORE

and to foster balance in the civil courts through judicial and legislative advocacy. Erin has served as the chair of WDTL’s Professional Development Committee for the past two years. She was also a speaker at WDTL’s 2016 annual convention in Whistler, B.C.

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