What's Happening at Hart Wagner

Trial attorney Gordy Welborn and his team successfully defended an Oregon vascular surgeon against claims of medical negligence. Plaintiff alleged that there was a delay in his medical treatment that caused permanent injury to his legs and feet. The defense presented expert witness testimony which confirmed that Hart Wagner’s client met the standard of care with regard to the medical management and treatment of the plaintiff. The jury returned with a unanimous defense verdict in favor of the vascular surgeon.

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.

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.

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.

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 Janet Schroer recently won a decision in the 9^th 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 9^th 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.