What's Happening at Hart Wagner
- Trial Attorney Troy Bundy Elected to ABOTA
- Karen O'Kasey and Taylor Lewis Obtain Defense Verdict in Medical Malpractice Lawsuit
- Appellate Team Wins Appeal on Behalf of Community College
- Appellate Attorney Blake Fry Prevails in Appeal for School District
- Hart Wagner Add Two Associates to Litigation Team
Hart Wagner Adds Three Associates to Its Portland Office
We are excited to welcome Ryan Jennings Ashby, Mitchell Howell and William Stewart as the firm’s newest associates in the Portland office.
Ryan Ashby’s practice focuses on the defense of legal, medical, and financial professionals, as well as insurance defense and general liability. Prior to joining Hart Wagner, Ryan worked at a national insurance provider, litigating personal injury cases as in-house counsel. He also spent four years as an insurance defense attorney at a Philadelphia-based law firm, in their Workers’ Compensation litigation department.
Mitchell Howell’s practice emphasizes commercial litigation, professional liability, legal and medical malpractice defense, as well as product liability and appellate law. Prior to joining Hart Wagner, Mitchell clerked for the Honorable Judge David F. Rees at the Multnomah County Circuit Court where he facilitated over 20 jury trials and handled hundreds of other civil and criminal matters.
Will Stewart’s practice focuses on the defense of medical professionals, businesses, insurers, drivers, and service providers in tort, products liability, contract, and general liability cases. Before joining Hart Wagner, Will worked for a large national litigation firm, a litigation boutique in Portland, and a plaintiff’s firm. His litigation experience has ranged from large financial class actions to construction defect cases to catastrophic vehicle accidents, premises liability, and general liability.
Court Throws Out Obstetric Malpractice Lawsuit As Time-Barred
Troy Bundy recently argued and won summary judgment for an Oregon OB/GYN accused of negligently performing a patient’s hysterectomy. Because the surgeon had fully disclosed the complication to the patient during a postoperative visit, the patient’s claim was barred after she filed it 3 years after the surgeon’s full disclosure. Troy was assisted on the brief by Donna Lee.
Nursing Board Exonerates Nurse Accused of Stealing Narcotics
Troy Bundy successfully defended a nursing board complaint alleging an RN at a skilled nursing facility had stolen patient medications. After suggesting an immediate blood and urine test, which later returned negative, together with a full investigation into the facts and proof of bias on the part of the complainant, the Board dismissed all charges without discipline.
OMB Declares Groping Charge Lacked Merit, Exonerates Physician
Troy Bundy successfully defeated a patient’s Board complaint alleging that her primary care doctor inappropriately groped her during a breast exam. After a full investigation and review of the facts, the charges were dismissed without discipline as lacking merit.
Victory at the VA
Troy Bundy was successful in overturning a physician’s emergency suspension of privileges before the Vancouver VA. The VA claimed this physician was unsafe and represented an imminent threat to patient safety. In a unanimous ruling at the panel hearing, the physician’s privileges were immediately restored as the three member panel concluded the charges and allegations were unfounded and without merit.
Partner Karen O’Kasey Obtains Defense Verdict in Medical Malpractice Case
Partner Karen O’Kasey recently obtained a defense verdict in the United States District Court. Third-Party Plaintiff alleged that Hart Wagner’s doctor client was negligent in deciding to perform a laparoscopic surgery, rather than a laparotomy, then failing to convert the laparoscopic surgery to a laparotomy when no source of bleeding was initially found during the first evaluation. Hart Wagner presented expert defense witnesses who confirmed that Hart Wagner’s client met the standard of care in all aspects of the treatment and management of plaintiff’s care.
Partner Janet Schroer Secures Reversal for Hart Wagner Client in Appellate Court
Partner Janet Schroer recently won a decision in the 9th Circuit Court of Appeals reversing the trial court’s ruling in a Section 1983 Civil Rights case. The trial court held that the City of Hillsboro police officers were not entitled to qualified immunity, and thus they needed to defend the Section 1983 claims of false arrest and malicious prosecution alleged against them. The 9th Circuit reversed, ruling that there was no established authority which would provide the officers notice of the alleged constitutional violation, therefore they were entitled to qualified immunity. Both of the attorney-fee-bearing federal claims were dismissed. Associate Mark Sherman worked with Janet on the briefing and Janet Schroer argued before the three-judge panel.
Hart Wagner Welcomes Associate Andrew Weiner to the Firm
Andrew Weiner comes to Hart Wagner after working as a criminal defense attorney specializing in white collar matters. He represented individuals and entities in both federal and state courts on matters ranging from simple theft to complex bank fraud and conspiracy. During that time, he developed his skills as a highly effective advocate for his clients.Andrew earned his law degree, magna cum laude, from Lewis & Clark Law School. While in law school, he served as associate editor for the Lewis & Clark Law Review, and earned an outstanding client advocacy award for his work with the Lewis & Clark Legal Clinic.
Andrew’s practice will focus on employment litigation and medical malpractice defense. He will also work on appellate law issues, as well as legal malpractice and other professional liability matters.
Associate Taylor Lewis Joins Hart Wagner
Taylor Lewis joins Hart Wagner after working for an employment defense firm where he re
presented insurers and employers in workers’ compensation, OSHA, and employment matters. Taylor also served as a Special Prosecutor for the Multnomah County District Attorney’s Office where he represented the State of Oregon in various criminal trials and hearings.
Taylor’s practice will focus on commercial litigation, employment litigation, general tort liability litigation, and medical and legal malpractice defense.
Portland Business Journal Recognizes Hart Wagner in Diversity Ranking
Hart Wagner was again recognized as #5 on The Portland Bu
siness Journal’s list of Portland’s Most Diverse Law Firms. In their recent article, firms were ranked based on their number of attorneys who are women and minorities, in their Portland metro area offices. The percent share for total attorneys and for partners were added together to determine the diversity rankings.