Congratulations to John Walker on his admission to the Federation of Defense & Corporate Counsel. FDCC membership is limited, selective, about 1,400 members, and by nomination only of lawyers who have distinguished themselves professionally, who are of high professional standing and of good moral character. Members are: practicing lawyers who devote a substantial amount of their professional time to the representation of insurance companies, associations or other corporations, or others, in the defense of civil litigation; and corporate counsel engaged in the administration of defense of claims or for insurance companies, associations or corporations who have national, regional or company-wide responsibility for a company of greater than local significance.
The litigation team of Mark Novotny, Nancy Pont and Shelli Eden, after a two week trial, obtained a defense verdict after one and one-half hours of jury deliberations. The case was a complicated matter dealing with the effect of anticoagulation medication in a patient with chronic atherosclerotic vessel disease, diabetes, elevated PSA and a fem-pop venous graft.
LDM partners Bill Lamson, Bill Settles, and Jason Grams recently won an important victory for health care providers in the United States Court of Appeals for the Eighth Circuit. The case involved a claim of medical malpractice made against a midwife and local hospital by the parents of a neurologically injured child. After a jury verdict of $17 million, the trial court reduced the verdict to $1,750,000 pursuant to Nebraska’s statutory damages cap in medical malpractice cases. The parents appealed, arguing that Nebraska’s damages cap violates the 7th Amendment’s right to jury trial, the 5th Amendment’s takings clause, and the constitutional guarantees of equal protection and substantive due process. Partners Lamson, Settles, and Grams were appointed Special Assistant Attorneys General to defend the constitutionality of the statute on behalf of the State of Nebraska. A unanimous panel of the Eighth Circuit Court of Appeals rejected each of the parents’ arguments, and held that Nebraska’s medical malpractice damages cap does not violate the United States Constitution. LDM congratulates all who contributed to this very important result, which assures that health care in Nebraska will remain available and affordable for the foreseeable future.