Trial Results


Specialty: Dermatology
Allegation: A 48-year-old female alleged improper performance of Restylane and Botox injections to treat facial wrinkles, and then failure to recognize and treat an ensuing area of forehead necrosis. This is an exceedingly rare risk of Restylane injections. The patient claimed her damages included a forehead scar, depression, anxiety, insomnia, and loss of income.
Plaintiff Attorney: Mary Schultz, Spokane, WA
Plaintiff Expert: Jon S. Wilensky, Dermatology, San Diego, CA
Defense Attorneys: Bill Etter, Ron Van Wert, and Jennifer Underwood of Etter, McMahon, Lamberson, Clary & Oreskovich, Spokane, WA 
(As part of our succession planning of defense attorneys, Ms. Underwood and, to a certain extent, Mr. Van Wert were mentees)
Defense Experts: Steven H. Dayan, MD, Plastic Surgery, Chicago, IL; Henry Arguinchona, MD, Infectious Disease, Spokane, WA
Result: Defense verdict, Spokane County Superior Court, Judge Leveque
Cost to Defend: $413,439


Specialty: Vascular Surgery
Allegation: A 71-year-old male underwent right knee replacement by a surgeon other than our insured. Over the course of four days, nurses noted loss of sensation progressing to right foot drop and numbness. A second orthopedic surgeon noted a deep vein thrombus of the right popliteal vein. Our insured vascular surgeon was asked to consult at 9 a.m. on post-op day four. She confirmed blood flow to the leg and foot and ordered an angiogram. At 5:15 p.m. she took the patient to surgery, removed the clot, repaired the injured popliteal artery, and made fasciotomies due to the compartment syndrome that had developed. Postoperatively, the right leg no longer appeared mottled and was warm, offering favorable indicators that vascular supply had been restored. The patient went on to experience wound difficulties. The patient claimed that had a surgery been performed earlier, and time not wasted by performing the angiogram, he would not have sustained permanent foot drop, gait and balance issues, or chronic pain.
Plaintiff Attorney: Kenneth H. Coleman, MD, JD, Spokane, WA
Plaintiff Expert: Gerald Treiman, MD, Vascular Surgery, Salt Lake City, UT
Defense Attorney: Elizabeth Leedom, Bennett, Bigelow & Leedom, Seattle, WA
Defense Experts: Benjamin Starnes, MD, Vascular Surgery, Seattle, WA; Joseph Eskridge, MD, Radiology, Seattle, WA; Robert Veith, MD, Orthopedic Surgery, Renton, WA; Daniel Brzusek, DO, Physical Medicine and Rehabilitation, Bellevue, WA
Result: Defense verdict, United States Federal Court, Judge Shea
Cost to Defend: $365,807


Specialty: General Surgery
Allegation: A 40-year-old, 320-pound male heavy-equipment operator was working alone in rural Idaho when at 3:30 p.m. a tree kicked back and crushed his left leg and transected the popliteal artery. By the time he extricated himself and was transported by helicopter to a Spokane hospital, it was 8:30 p.m. Our insured general surgeon was called at home. He ordered an arteriogram and booked a surgical suite en route to the hospital. The arteriogram was performed, and at 11:52 p.m. surgery commenced. According to the anesthesia record, circulation was restored via a successful vascular bypass at approximately 4 a.m. Six days after the patient’s original injury, he underwent a through-the-knee amputation. The patient alleged that due to a six-to-eight-hour window in which to restore blood supply, our insured general surgeon should have ordered the operative suite earlier, should have performed the arteriogram intraoperatively, and failed to perform adequate fasciotomies during the initial surgery.
Plaintiff Attorney: Dennis Clayton, Spokane, WA
Plaintiff Expert: D. Preston Flanigan, MD, Vascular Surgery, Orange, CA
Defense Attorney: Robert Sestero, Evans, Craven & Lackie, Spokane, WA
Defense Experts: James Malone, MD, Vascular Surgery, Scottsdale, AZ; Greg Moneta, MD, Vascular Surgery, Portland, OR
Result: Defense verdict, Spokane County Superior Court, Judge Leveque
Cost to Defend: $137,724