Cases
Representative Matters: Wilds v. MedStar Washington Hospital Center (2018), Superior Court for the District of Columbia. Obtained defense verdict for hospital
its special police officers in connection with an excessive force claim brought by a visitor. The plaintiff claimed she was wrongfully taken to the ground
h
cuffed following an altercation with two special police officers, resulting in injury to her shoulders. The jury returned a verdict in favor of the hospital
the officers after a four-day trial.
Wood v. MedStar Harbor Hospital (2017), Circuit Court for Baltimore City. Obtained defense verdict for physician accused of injuring another physician in the course of performing surgery on a patient. The plaintiff, an orthopedic surgeon, accused the defendant, also an orthopedic surgeon, of negligently striking him in the elbow with a drill while both surgeons were performing a knee replacement. The plaintiff claimed the injury was career-ending. After an eight-day trial, the jury returned with a verdict in favor of Ms. Nesbitt's client.
Al-Ameri v. The Johns Hopkins Health System (2017), United States District Court for the District of Maryl
. Obtained summary judgment on claims for more than $1M in medical expenses on the grounds that all expenses were paid by the government of the plaintiff's home country, the United Arab Emirates.
Hall v. MedStar Physician Partners, Maryl
Court of Special Appeals (2015). Obtained affirmance of a change in venue from Baltimore City Circuit Court to Baltimore County Circuit Court in professional liability case against a health care provider. Ms. Nesbitt argued for a change in venue based upon the public interest of having a case decided in the venue in which the dispute arose
in which the parties had previously been residents, even though both individual parties had since moved away
issues of pure convenience were neutral. The lower court granted the requested change in venue,
the appellate court affirmed.
Pojhan v. St. Agnes HealthCare, Inc., et al., Circuit Court for Baltimore City, Maryl
(2011). Obtained summary judgment on behalf of hospital
hospital's internal medicine residency program director in discrimination
defamation case brought by former resident. The resident alleged that he was discriminated against on the basis of his national origin
retaliated against for complaining about his hours
work conditions. The court granted summary judgment on the basis of immunity
the plaintiff's failure to prove that the hospital's articulated non-discriminatory basis for terminating him was a pretext for discrimination.
Tyler v. City of College Park, Circuit Court for Prince George's County, Maryl
(2010). Obtained summary judgment
affirmance of summary judgment in favor of the City of College Park in case involving constitutional challenge to the City's rent stabilization ordinance. Plaintiffs argued that the ordinance improperly discriminates against students because it was designed to force owners of single family properties to stop renting their properties to students. The court found that the City's ordinance served legitimate public interests
was not unconstitutional. Maryl
's highest court agreed.
Gilbert v. Washington Hospital Center Corp., District of Columbia Court of Appeals (2010). Obtained summary judgment
affirmance of summary judgment in favor of hospital
physician in medical malpractice action. Plaintiff asserted that her son was born with severe neurologic injuries in connection with his birth. In addition to suing the midwives who provided the mother's prenatal care, the plaintiffs sued a physician with whom one of the midwives consulted about the delivery plan prior to her delivery. Granting summary judgment, the lower court determined that the physician owed no duty to the mother, as he had no physician-patient relationship with her. The Court of Appeals affirmed.
Prince George's County Jury Delivers Defense Verdict for Orthopedic Surgeon in Wrongful Death Suit Goodell DeVries attorneys K. Nichole Nesbitt
Meghan Hatfield Yanacek obtained a defense verdict in the Circuit Court for Prince George's County for their client, an orthopedic surgeon. The patient had undergone knee surgery
later died, allegedly from a blood clot. The plaintiff argued that the surgeon negligently failed to prescribe blood thinners
failed to recommend that the patient stay mobile. The defense argued that blood thinners were not required or appropriate for the patient
that she had been encouraged repeatedly to stay active but failed to do so. After two weeks of trial, the jury returned a verdict in favor of the surgeon.
Baltimore City Jury Finds Family Practitioner Not Negligent in Case Alleging Failure to Diagnose B-12 Deficiency A jury in the Circuit Court for Baltimore City found in favor of a family practitioner represented by Goodell DeVries attorneys K. Nichole Nesbitt
Jhanelle Graham Caldwell in a case brought by a patient who claims she suffered permanent neurologic injury as a result of a failure to diagnose a vitamin deficiency. The plaintiff alleged that she repeatedly reported symptoms consistent with a B-12 deficiency to her family practitioner, but that the physician failed to order tests necessary to diagnose the problem. The defense argued that the symptoms being reported were not consistent with a B-12 deficiency
were being managed appropriately. The jury agreed
returned a defense verdict following a two-week trial.
