Wrong-Operation Doctor, related to virtue ethics from your Pozgar text. Write a 1 page addressing the discussion questions posed for the one you selected (#1. Wrong-Operation Doctor). Be

© 2022 by Wells Media Group, Inc. Privacy Policy | Terms & Conditions | Site Map

! Email This " Subscribe to Newsletter

! Email This " Subscribe to Newsletter

JULY 12, 2017 AT 1:58 AM

FEBRUARY 11, 2015 AT 8:51 PM

NOVEMBER 12, 2013 AT 2:24 PM

Judgment Upheld in Arkansas Brain SurgeryJudgment Upheld in Arkansas Brain Surgery LawsuitLawsuit December 17, 2012December 17, 2012

Categories: Texas / South Central News Topics: Arkansas Children's Hospital, Arkansas Supreme Court, Cody Metheny, Dr. Badih Adada, lawsuit, medical professional liability

Have a hot lead? Email us at [email protected]

Latest Comments youknowme says:

I pray that this family gets compensated because I'm another victim that can testify that this doctor litterally almost killed me to and im still not well. It's been almost 13… read more

Busybee216 says:

And now this guy is practicing at Cleveland Clinic in Ft Lauderdale, FL!!! My Chiropractor referred him, I'm printing this article and sending it to him.

Chris says:

This doctor removed my brain tumor and saved my life. Just thought some of you may need some perspective. Doctors are human. Humans charged with extremely difficult decisio… read more

Add a Comment See All Comments (10)

More News

More News Features

! # $ % &

Article 10 Comments

The Arkansas Supreme Court has upheld an $11 million judgment in a medical malpractice lawsuit against an insurer for Arkansas Children’s Hospital (ACH), in a suit brought by a Mabelvale couple after a doctor operated on the wrong side of their son’s brain.

The Dec. 13 ruling rejected appeals by by Proassurance Indemnity Co. and of the parents of Cody Metheny.

Insurance Agent E&O Issues This panel has over 120 years of experience dealing with insurance agent E&O claims. Learn from experts who are involved in E&O claims on a regular basis.

Join the Discussion!

Academy of Insurance

The Metheny’s wanted the court to restore the original $20 million judgment after it was reduced by a judge to $11 million. The insurance company argued for a new trial so a jury could consider whether doctors involved in the surgery should share blame.

The court rejected both arguments.

Cody Metheny was 15 when he underwent surgery in an effort to end seizures that originated in the right side of his brain. The surgeon, Dr. Badih Adada, who performed surgeries at ACH but was employed by the University of Arkansas for Medical Sciences (UAMS), operated on the wrong side of the brain at first, the left side, and destroyed brain tissue in the process, according to documents released by the Court. After realizing his mistake, Dr. Adada proceeded to operate on the correct side of the brain.

After the surgery, Dr. Adada admitted to Metheny’s parents he had initially started the operation on the left side of the brain but said he had not harmed it, and had successfully removed the right-side lesion, according to Court documents.

Metheny now lives in a rehabilitation center.

Some 15 months after the surgery, the Methenys found out that tissue had wrongly been removed from the left side of the boy’s brain.

In their original suit against the hospital and the surgeon, the Methenys “sought both compensatory and punitive damages based on two counts of medical negligence, as well as one count of outrage,” the Court noted.

The circuit court dismissed the outrage claim. Dr. Adada and other physicians named in the lawsuit settled with the Methenys but the case proceeded against ACH.

At trial the jury found in favor of the Methenys and awarded the $20 million in damages, which the circuit court reduced to $11 million, “an amount consistent with ProAssurance’s liability coverage for ACH,” according to the Court’s opinion, written by Associate Justice Donald L. Corbin.

ProAssurance in its appeal asserted that the circuit court failed to “instruct the jury in a manner that would allow it to apportion liability among it and certain physicians who were sued in a prior case but ultimately settled;” refused to “allow ProAssurance to present evidence of fault attributable to the settling physicians; and “denied denying ProAssurance’s motion for judgment notwithstanding the verdict (JNOV) where the evidence supporting Cody’s future damages was based on improperly bundled calculations.”

Rejecting ProAssurance’s appeal, the Court noted that it found no errors in the actions of the circuit court.

An Associated Press report contributed to this story.

TOPICS LAWSUITS ARKANSAS

Was this article valuable? YES NO

Interested in Lawsuits? Get automatic alerts for this topic.

Enter your email… Submit

! # $ % &

FedEx Will Appeal $366 Million Jury Award in Worker’s

Jury Sides With New Jersey Police in $10M Suit by Family of Man

More Recalls Announced – For Cars, Chicken and

French Defense Group Thales Says Hackers Claim to Have Stolen

READ THIS NEXT

Judgment Upheld in Arkansas Brain Surgery Lawsuit

Judge Threatens to Sanction Law Firm that Filed Hundreds of La. Hurricane Lawsuits

Geico Faces California Class Action Claiming it Overcharged for Car Insurance

Louisiana Issues C&D Order to Baton Rouge Producer

New Hampshire County Defeats 'Deliberate Indifference' Claim Over Inmate's Death

! Email This " Subscribe to Newsletter

! Email This " Subscribe to Newsletter

Judge Threatens to Sanction Law Firm thatJudge Threatens to Sanction Law Firm that Filed Hundreds of La. Hurricane LawsuitsFiled Hundreds of La. Hurricane Lawsuits By By Jim SamsJim Sams | | October 27, 2022October 27, 2022

Categories: Texas / South Central News Topics: mass tort litigation, McClenny Moseley

Have a hot lead? Email us at [email protected]

Add a Comment See All Comments (0)

More News

More News Features

! # $ % &

Article 0 Comments

NEW You can now listen to Insurance Journal articles!

A federal judge in Louisiana is threatening to fine a Houston-based law firm $200 for each duplicate or baseless lawsuit he finds among the 1,642 that the firm has filed against insurers for alleged hurricane damages.

US District Court Judge James D. Cain Jr. on Oct. 21 ordered McClenny, Moseley and Associates to submit hard copies of retention or engagement contracts with each of the named plaintiffs in lawsuits that the law firm filed seeking to recover damages allegedly caused by Hurricanes Laura and Delta, which both struck Louisiana in 2020.

Insurance Agent E&O Issues This panel has over 120 years of experience dealing with insurance agent E&O claims. Learn from experts who are involved in E&O claims on a regular basis.

Join the Discussion!

Academy of Insurance

The order states that the court had already determined that the McClenny Moseley firm has filed duplicate lawsuits, lawsuits for claims that were already settled and lawsuits for damage to properties that were outside of the geographical area where the hurricanes were known to cause damage.

The order prohibits any the lawsuits from being “mass mediated, litigated or settled.”

Insurance defense attorney Steve Badger, a partner with the Zelle law firm in Dallas, said the prohibition against mass settlements is the most important part of the order.

“These lawyers were clearly banking on insurance companies agreeing to bulk mediations and settlements,” Badger said in an email. “They didn’t plan to litigate thousands of lawsuits. With this order, they have no choice but to litigate each individual matter.”

The McClenny law firm did not respond to calls and emails requesting comment.

The law firm, founded by James M. McClenny and Zach Moseley, employs 14 attorneys and works with five “of counsel” lawyers, according to its website. Most of the team is based in Houston, but three attorneys work in a New Orleans office.

McClenny Moseley employs four people just for marketing, according to its website. The law firm makes no secret about its ambition to file lawsuits in bulk.

One of the New Orleans attorneys, partner William Huye, appears in a documentary- style marketing video posted on Facebook by Disaster Solutions, a restoration contractor. Huye tells the camera operator that his team is racing to file claims before the end of the day.

“Over the past four days we’ve filed 1,700 lawsuits,” Huye says in the video. “We have about 100 left to round it out at a flat 1,800. People are recognizing that we have a time bar coming.”

Huye says that the Western District of Louisiana has a filing system that a limits filing fees to $24,999 in a day per account.

“That had never been hit before so the court wasn’t aware of that,” he said. “We blew that one morning by 7 a.m.”

The volume of litigation caught the attention of Judge Cain, who is with the District Court for Western Louisiana in Alexandria. He ordered the McClenny Moseley law firm to appear for an Oct. 20 hearing to explain why they had filed hundreds of lawsuits within the span of several weeks. His order, issued the next day, includes a spreadsheet that lists 1,642 lawsuits filed by the law firm from Aug. 8 to Oct. 13. Some are specious, the order says.

“Consequently, the court has concerns about this law firm’s representation and due diligence in preparing their pleadings in the vast number of Hurricanes Laura/Delta lawsuits filed in the Western District of Louisiana,” the order says.

Cain ordered McClenny Moseley to submit its client retention agreements by Oct. 31. The order says the law firm must pay a $200 fine for each duplicate filing, each lawsuit that had been previously settled or dismissed and each lawsuit that claims damage in an area that was not affected by the hurricanes.

Badger, the defense attorney, said the order shows that “mass tort” litigation after disasters won’t work.

“These lawyers were clearly banking on insurance companies agreeing to bulk mediations and settlements,” he said. “They didn’t plan to litigate thousands of lawsuits. With this order, they have no choice but to litigate each individual matter.”

Badger said earlier this year that Zach Moseley bragged that he had signed up 7,000 Louisiana clients.

“If his braggadocio is accurate and he can’t bulk settle these cases, Zach and his young lawyers are going to be spending a lot of time in Louisiana courts over the next decade working for attorneys fees that they may have mostly already given up to others,” Badger said.

Hurricane Ian has given McClenny Moseley another opportunity to sign up new clients. A note on its Facebook page urges “fellow Floridians” to contact the firm “to hold your insurance company accountable.”

Biographies on the law firm’s website say both McClenny and Moseley were born in Texas.

TOPICS LAWSUITS CATASTROPHE NATURAL DISASTERS LEGISLATION

LOUISIANA HURRICANE

Was this article valuable? YES NO

More From Author

WRITTEN BY

Jim Sams Sams is editor of ClaimsJournal.com, the online resource and daily newsletter for property/casualty insurance claims professionals. ClaimsJournal is a member of the Wells Media Group. Sams can be reached at [email protected]

LATEST POSTS:

New York High Court: Insured’s ‘Mutual Mistake’ Argument Came Too Late

Bad Driving, Inflation Among Factors Pushing Increase in Auto Loss Ratios

Arizona Court: PTSD Claimant Missed Statute of Limitations for Bad Faith Claim

Interested in Catastrophe? Get automatic alerts for this topic.

Enter your email… Submit

! # $ % &

FedEx Will Appeal $366 Million Jury Award in Worker’s

Jury Sides With New Jersey Police in $10M Suit by Family of Man

More Recalls Announced – For Cars, Chicken and

French Defense Group Thales Says Hackers Claim to Have Stolen

READ THIS NEXT

Judgment Upheld in Arkansas Brain Surgery Lawsuit

Judge Threatens to Sanction Law Firm that Filed Hundreds of La. Hurricane Lawsuits

Geico Faces California Class Action Claiming it Overcharged for Car Insurance

Louisiana Issues C&D Order to Baton Rouge Producer

New Hampshire County Defeats 'Deliberate Indifference' Claim Over Inmate's Death

See Today's Top Insurance News

MYNEWMARKETS.COM CLAIMS JOURNAL INSURANCE JOURNAL TV ACADEMY OF INSURANCE CARRIER MANAGEMENT

Featured Stories

Property Cat Market to Harden More: MMC’s Doyle

Make Fla. Citizens’ Policyholders Buy Flood Insurance?

News Markets

Search

Read Online

Subscribe

Current Magazine

Front Page News Magazines Research Directories Jobs Features Subscribe