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Cases of Interest

Healthcare

Successfully defended prominent teaching institution and two individually named doctors in ten years of litigation involving two separate trials, multiple appeals, including Petition For Review by the California Supreme Court in an action alleging medical malpractice and federal civil rights violations where doctors diagnosed and treated an extremely rare metabolic disorder and refused to accept an alternative diagnosis and treatment plan proposed by a family member who was also a licensed health care provider and where that family member also refused to consent to the doctors' proposed treatment plan.
Successfully defended hospital owned by one of largest health care systems in California, obtaining judgment in favor of the hospital against charges of elder abuse, negligence, intentional infliction of emotional distress, unfair business practices and violations of the Probate Code. The hospital was alleged to have abused a patient following hip repair surgery, resulting in further injury, then inappropriately transferred the patient to a skilled nursing facility against the family's wishes. Case resolved by granting of motion for summary judgment.
Successfully defended hospital and two individually named nurses against allegations of Elder Abuse, Wrongful Death, Negligence and Unfair Business Practices resulting in dismissal of claims against the clients without any payment on their behalf.
Successfully defended claims of Elder Abuse, negligence and wrongful death against nursing home resulting in successful summary adjudication of Elder Abuse claims and dismissal of remaining claims without further cost to client.
Obtained summary judgment representing hospital in action by former employee alleging harassment and retaliation after complaining of allegedly illegal billing practices.
Prevailed through binding arbitration defending primary care network against physicians' allegations of illegal corporate practice of medicine and EMTALA violations regarding indigent patients.
Defended psychiatric care facility in a civil action and multiple administrative investigations arising out of an alleged premature hospital discharge of a schizophrenic patient. The former patient broke through the cockpit of an airliner one month post-9/11 tragedy. The incident was the subject of a "20/20" program in which the passengers spoke of their intervention to restrain and sedate the patient. The incident also contributed to the FAA's implementation of adding locks to cock-pit doors. Porter Scott successfully guided the hospital through the administrative investigations initiated by state, federal and private regulatory authorities and prevailed on summary judgment before the trial court, and upon appeal.
Tried to defense verdict one of California's first medical malpractice cases involving complications including death following laparoscopic cholecystectomy (gall bladder removal) using cutting edge laparoscopic and video technology as opposed to full surgical opening of the abdomen.
Successfully tried to judgment a wrongful death action against a transport nurse arguing that parents of a seven year old boy who delayed in calling for medical transport was the actual cause of the child's demise
Successfully defended wrongful death action in medical malpractice action of a teenage child where parent of child was an employee of hospital and was responsible for monitoring of child's condition.
Assisted hospital with reporting, investigating, and arranging for follow-up call back and laboratory testing of over one thousand patients potentially exposed to transmittable diseases following discovery of improper cleaning of hospital equipment.
Prevailed at trial by non-suit in a professional malpractice action against psychiatrist in multi-drug intoxication death claim. Plaintiffs were the three teenage children of decedent, the sole remaining parent, who alleged a toxic "cocktail" of psychiatric medications resulted in cardiac arrest. Toxicology and pathology experts provided the necessary foundation for the court's ruling that the standard of care was met and that causation was lacking.
Summary judgment granted in action involving allegations social worker and hospital failed to warn family members of the dangerous propensities of a discharged patient. Court found Tarasoff statutory immunity applied despite findings in a related criminal action that the former patient murdered his mother.
Successfully represented hospital in an action to remove patient whose family refused to consent to transfer to a lower level of care despite evaluations from multiple physicians and Medicare indicating the patient no longer needed acute hospitalization. When the family refused repeatedly to consent to transfer to a lower level of care, despite indications that the transfer was appropriate from the treating physicians and an independent confirmation from Medicare, the hospital was forced to file a lawsuit to have the patient transferred. The family finally agreed to voluntarily transfer the patient to another facility shortly before trial.
Successfully defended a local hospital at trial in a medical malpractice action where plaintiff argued that inadequate monitoring of an elderly patient during a barium enema study resulted in a fall and permanent injuries.
Successfully represented retail-pharmacy in alleged prescription misfill case. Claim involved a minor who received anti-psychotic adult strength medication instead of his usual allergy medication. Child suffered a seizure and other complications as a result. Case was resolved at mediation.
Obtained summary judgment in favor of a retailer and pharmacist in pharmacy malpractice claim. After plaintiff and his caregiver exhibited threatening and menacing behavior, the retailer deactivated plaintiff’s prescription in its computer system, forcing plaintiff to find another pharmacy to refill his prescription. Plaintiff sued for malpractice over the deactivation of his prescription and the delay in refilling it. The court granted judgment in favor of the retailer and the pharmacist.
Norm Prior and Jacqueline Zee obtained Summary Judgment in favor of a nationwide tissue bank against claims of medical negligence for providing infected corneal tissue for transplantation that resulted in the permanent loss of vision and disfigurement of the tissue recipient.
Norm Prior and Jacqueline Zee obtained Summary Judgment on behalf of an acute care hospital against claims of medical negligence that allegedly caused a patient to contract meningitis after the tip of a catheter broke off during spinal surgery. The patient underwent multiple subsequent surgeries and hospitalizations which the patient alleged resulted in permanent disabling injuries.

Cases of Interest by Practice Area