What's Happening at Hart Wagner

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.

John Hart successfully defended a Multnomah County Circuit Court case involving a child who contracted herpes at birth. Plaintiff alleged that our Hart Wagner clients were negligent in failing to suspect herpes, failing to test the patient for HSV-2 given her signs and symptoms, and also in failing to communicate her findings to the patient’s regular treating Obstetrician. The baby was severely brain injured from HSV-2. Plaintiff requested recovery of $34,000,000 in economic damages together with $12,500,000 in noneconomic damages. After three weeks of trial, the jury came back with a unanimous defense verdict.