- Successfully defended constitutionality of Nebraska’s cap on medical malpractice damages in the Nebraska Supreme Court and the United States Court of Appeals for the Eighth Circuit.
- Obtained determination by the Nebraska Supreme Court, as a matter of first impression, that the law of informed consent in Nebraska does not require that consent be written.
- Obtained determination by the Nebraska Supreme Court that Nebraska would not recognize the loss-of-chance doctrine in medical malpractice cases.
- Appointed by Nebraska Supreme Court to serve three terms on the Second District Committee for Discipline, including two terms as Chair.
- Obtained verdict in favor of obstetrician/gynecologist and physician assistant in case alleging failure to diagnose breast cancer.
- Obtained verdict in favor of orthopedic surgeon in case alleging failure to diagnose infection following rotator cuff repair resulting in severe damage to shoulder joint and need for total joint replacement.
- Obtained reversal of $900,000 verdict against hospital and physician due to erroneous exclusion of expert testimony.
- Obtained affirmance of a trial court’s decision to exclude an ex parte autopsy conducted by Plaintiff’s expert.
- Obtained reversal of order granting new trial to Plaintiff in action against physician for breach of confidentiality and tortious interference with a business expectancy.
- Obtained affirmance of a trial court’s decision to exclude evidence from medical textbooks.
- Obtained verdict in favor of psychiatrist in case arising out of the prescription of antipsychotic medication.
- Obtained verdict in favor of law firm in legal malpractice case arising out of franchising law in which claimed damages exceeded $25 million.
- Obtained verdict in favor of two orthopedic surgeons in case arising out of treatment of ankle fracture in 15-year-old patient that nearly resulted in amputation.
- Obtained verdict in favor of surgeon in case arising out of common bile duct injury during laparoscopic cholecystectomy.
- Obtained verdict in favor of obstetrician/gynecologist in case arising out of ureteral injury during hysterectomy.
- Obtained verdict in favor of emergency room physician in case arising out of death of young girl due to asthma attack.
Notre Dame Law School, J.D.
University of Nebraska – Lincoln, B.S. in biology and pre-medicine
Admitted to Bar and Courts
United States District Court for the District of Nebraska
United States Court of Appeals for the Eighth Circuit
United States Supreme Court
Memberships, Boards and Committees
Omaha Bar Association
Nebraska State Bar Association
American Bar Association
Nebraska Defense Counsel Association
Defense Research Institute
Mr. Settles frequently presents to organizations of medical professionals on subjects such as minimizing risk of malpractice litigation, best practices for charting, recent developments in medical malpractice law, and deposition preparation for physicians and nurses. Organizations to whom Mr. Settles has presented include the Nebraska Medical Association, the Nebraska Hospital Association, the Southeast Rural Physicians Alliance, the Nebraska Perinatal Quality Improvement Collaborative, Clarkson College of Nursing, and residency programs through Nebraska Medical Center and Creighton School of Medicine.
Inducted as Fellow of the American College of Trial Lawyers, 2023
Selected as Fellow of Litigation Counsel of America, 2022
Best Lawyers® 2022 – 2023 Appellate Practice
Best Lawyers® 2022 Professional Malpractice Law -Defendants “Lawyer of the Year” for Omaha
Best Lawyers® 2015 – 2023 Medical Malpractice Law -Defendants
Best Lawyers® 2016 – 2023 Professional Malpractice Law -Defendants; Legal Malpractice Law – Defendants
Award for Excellence in Medical Malpractice Law, Lawyers of Distinction®, 2019
Lifetime Achievement Award, America’s Top 100 Attorneys®, 2017
Elected to American Board of Trial Advocates (ABOTA), 2013
Best Lawyers® 2016 Medical Malpractice Law-Defendants “Lawyer of the Year” for Omaha
Rated AV Preeminent™ by Martindale Hubbell® (highest possible peer review rating in legal ability and ethical standards), 2001-present
Lifetime Achievement Award, America’s Top 100 Attorneys®