Hutton & Hutton Wins $437,293 Jury Verdict Plus Punitive Damages
A Sedgwick County jury awarded $437,293 in compensatory damages plus punitive damages to a Wichita man who was admitted to Wesley Rehabilitation Hospital, a HealthSouth affiliate, on September 12, 2006 following a total left hip replacement. To promote recovery, plaintiff's physician ordered that his surgical wound was to be cleaned daily with new dressings applied. On September 15, 2006, while changing the dressing, a Wesley Rehabilitation Hospital nurse dropped the dressing on the floor, picked it up and re-applied it to the surgical wound. Plaintiff developed a severe E. coli infection of the wound, as well as a pseudomonas infection, and underwent multiple surgeries.
The trial started on September 22, 2009, and the jury began deliberations on October 1, 2009. On October 2, 2009, the jury reached a verdict in favor of plaintiff and awarded $437,293 for compensatory damages plus punitive damages to be decided at a later hearing in Sedgwick County District Court. During trial, the defense alleged that plaintiff must have received the E. coli infection at the time of the hip replacement surgery. Prior to trial, Judge Timothy Henderson granted partial summary judgment on the hospital's affirmative defense that plaintiff and other non-party health care providers were at fault. Plaintiff's motion for punitive damages was originally denied, but renewed at trial. Judge Henderson allowed punitive damages to go to the jury and the jury agreed that Wesley Rehabilitation Hospital's pattern of neglect rose to the level of wanton conduct, which caused or contributed to plaintiff's injuries.
The case was tried by Hutton & Hutton attorneys Mark Hutton and Darin Hayes. With her vast nursing experience, attorney Anne Hull assisted Mark and Darin behind the scenes.
Hutton & Hutton Welcomes Blake Shuart. To learn more about Blake click here.
Mark and Andy Hutton Included as 2011 Best Lawyers® and 2010 Missouri & Kansas Super Lawyers
Hutton & Hutton is proud to announce that Mark Hutton and Andy Hutton have been named to the 2011 edition of Best Lawyers®, the oldest and most respected peer-review publication in the legal profession. Mark and Andy have been included in Best Lawyers® since 1995.
Mark and Andy have also been named by Missouri & Kansas Super Lawyers as 2 of the top attorneys in Kansas for the year 2010. Only 5 percent of the lawyers in the state are named by Super Lawyers. Mark and Andy have been selected by their peers and included in Missouri & Kansas Super Lawyers since 2005.
Mark Hutton Licensed to Practice in New York
Mark Hutton was recently admitted to practice in the state of New York. Mark is also licensed to practice in Kansas, Missouri, Oklahoma, Texas and Washington, D.C.
$12.25 Million Settlement
Shoddy installation of natural gas lines at pork plant alleged
A massive natural gas explosion that ripped through a pork-processing plant in St. Joseph, Mo., killing one person and injuring 14, has led to settlements totaling $12.25 million. Read More >
Hutton & Hutton Seek Reimbursements For Kansans From Makers Of Vytorin ®
On January 14, 2008, the pharmaceutical giants of Merck & Co. and Schering-Plough Corp., which together manufacture, market and sell Vytorin ® , finally released the results of a study regarding how well Vytorin ® works to lower total cholesterol and reduce clogged arteries. The ENHANCE study, completed in April 2006, established that the very-expensive name-brand Vytorin ® worked no better at lowering total cholesterol than high-doses of its lower-priced generic ingredient, simvastatin, and actually accelerated placque build-up in the arteries, a major risk factor for heart disease and stroke. Read More >
Hutton & Hutton Wins $982,143 Jury Verdict
A Sedgwick County jury awarded $982,143 to the family of James “Jeff” Duncan, a 38 year old Wichita man who on February 28, 2004, went to the West Wichita Family Physicians, P.A.’s minor emergency office (“WWMEO”) complaining of significant shortness of breath on exertion. No offer of settlement was ever made by the defendant physician. Read More >
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FDA recalls Hydroxycut products
The U.S. Food and Drug Administration (FDA) is warning consumers to immediately stop using Hydroxycut products, popular dietary supplements used for weight loss, energy enhancers and fat burners, because some Hydroxycut products are associated with a serious number of liver injuries. The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes to liver damage requiring liver transplant. The reports include the 2007 death of a 19-year-old man due to liver failure. Other health problems reported include seizures, cardiovascular problems and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure. For more information click here.
Atrazine Litigation
Hutton & Hutton has teamed up with the renowned Dallas-based law firm, Baron & Budd, P.C., to protect the rights of every Kansan to clean drinking water. Together, we seek to recover from the makers of Atrazine, a fine herbicide-of-choice, the costs for clean up and other damages that Kansas municipal water providers have suffered as a result of Atrazine pollution. We find no fault with Atrazine itself, the farmers who use it, or the merchants who sell it; just with the folks who make it. And Kansas citizens and water providers should not have to pay to clean up the mess that Atrazine's makers have made.
Our colleagues at Baron & Budd have summarized information about Atrazine itself and the litigation against its makers very well. With their permission, we have reproduced this information. Follow this link to learn more about Atrazine.
Hutton & Hutton welcome hearing from you if you would like to discuss Atrazine pollution affecting your water district. We would be glad to meet with you personally and present the facts to those who make decisions on these types of matters. Email us or call and ask for any of us: Mark, Andy, or Debs.
Raptiva -- Psoriasis Drug Withdrawn From Market
On April 8, 2009, Genentech and FDA notified healthcare professionals of the voluntary, phased withdrawal of Raptiva (efalizumab), a medication for treatment of psoriasis, from the U.S. market due to a potential risk to patients of developing progressive multifocal leukoencephalopathy (PML), a rare brain infection. By June 8, 2009, Raptiva will no longer be available in the United States. Prescribers are being asked not to initiate Raptiva treatment for any new patients. Prescribers should immediately begin discussing with patients currently using Raptiva how to transition to alternative therapies. The FDA strongly recommends that patients work with their health care professional to transition to alternative therapies for psoriasis.
As of February 2009 there were three confirmed, and one possible report of PML in patients using Raptiva. Symptoms of PML include a new or sudden change in thinking, balance, strength, talking, walking or vision. Call your doctor right away if you have any of these symptoms or if anyone close to you notices a new or sudden change in your thinking. You should also call your doctor to discuss changing to another psoriasis medicine.
Contact Hutton & Hutton for more information.
Reglan -- Black Box Warning
After decades on the market, on February 26, 2009, the FDA ordered manufacturers of the drug Reglan and its generic equivalents, including Metoclopramide hydrochloride, to add a Black Box Warning to their drug labels about the risk of its long-term or high-dose use, and required them to warn patients directly about the potential risks of the drug, especially in light of its limited benefits. Reglan is indicated for short-term treatment of gastroesophageal reflux (GERD) and diabetic gastroparesis, which are chronic conditions. Reglan has also been prescribed for women who are pregnant and experiencing morning sickness, breastfeeding mothers, infants and children and for nausea assocated with migraines. Chronic use of Reglan and other metoclopramide-containing drugs has been linked to Tardive Dyskinesia, a potentially irreversible disorder characterized by involuntary and repetitive movements of the face, tongue and extremities.
Contact Hutton & Hutton for more information.
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