All Press Releases for June 16, 2010

Hall Prangle & Schoonveld, LLC, Provides its Clients with the Sound, Proven Legal Defense they Need and Deserve

Michael Prangle's practice is litigation-based and focuses on medical malpractice defense. Mike's practice is varied and includes representation of doctors, nurses, and hospitals.



    MARINA DEL REY, CA, June 16, 2010 /24-7PressRelease/ -- Michael Prangle has a special interest in legal issues unique to hospitals, including apparent agency and spoliation of evidence. His philosophy is to aggressively defend cases, using the law as a sword instead of a shield. As a result, he has been extremely successful in having cases dismissed or claims pared down, reducing cases value and exposure to the client. He has tried more than 20 medical malpractice cases to verdict. Additionally, he has significant appellate experience, having briefed and argued numerous appeals before the First District Court of Appeals, and recently before the Nevada Supreme Court. Mike was previously a partner in the medical litigation department at Lord, Bissell & Brook, LLP.

In 2003 Attorney Michael Prangle was named as one of the Chicago Law Bulletin "40 Illinois Attorneys Under Forty to Watch."

In 2005, 2006 and 2007 Michael Prangle was named to the "Illinois Super Lawyer" list by Chicago Magazine. http://www.superlawyers.com/illinois/lawyer/Michael-E-Prangle/5d2f228 ... e0f21.html

An award-winning diver, Mike has been named to All-Conference, All-State, and All-America teams, as well as being named the Big-8 Conference Male Academic Athlete of the Year, in 1986.

Michael Prangle holds the highest rating given by Martindale-Hubbell http://www.martindale.com/Michael-E-Prangle/927331-lawyer.htm?view=cr

Below is a sample list of some the cases Michael Prangle has successfully litigated. For further details please visit http://www.hpslaw.com

- Catastrophic Injury: Wilson v. Humana. Alleged failure to timely diagnose and treat Group B Strep infection in laboring mother, resulting in brain and lung damage to newborn. (Demand: $15 million; Offer $250,000; Asked of Jury: $32.7 million; Verdict: Not Liable).

- Ambriz v. Sunrise Hospital (Las Vegas). Alleged failure to timely respond to high block epidural in laboring mother, resulting in severe neurologic injury to the mother. (Demand: $297,000; Offer: $25,000; Asked of Jury: $8.6 million; Verdict: Not Liable).

- Mount v. Olympia Fields Hospital. Alleged failure to diagnose and treat hypertensive cardiomyopathy in 51 year old male, leading to cardiac arrest and anoxic encephalopathy.
(Demand: $25 million; Offer: None: Asked of Jury: $28.9 million: Verdict: Not Liable).

- Wallace Jones v. MountainView Hospital (Las Vegas) Alleged failure to diagnose and treat loss of airway in patient with recent stroke, leading to cardiac arrest and global anoxic injury and death. Plaintiff, 58, survived by wife and 5 adult children. (Demand: $2 million; Offer: $100,000; Asked of Jury $3.8 million; Verdict: $809,000).

- Cooper v. Michael Reese Hospital. Esophageal perforation during intubation. Primary issue was whether the perforation was caused by the resident or by the attending anesthesiologist. Also issues of agency as to attending. Plaintiff developed a massive infection after discharge resulting in a 6 week ICU admission to Loyola. MRH received directed verdict on the agency claim. MRH and the resident physician received directed verdict on the issue of whether she caused the perforation. MRH and resident went to jury on other ancillary issues. (Demand: $1.5 million; Offer: $50,000; Asked of Jury: $3.6 million; Verdict: Not Liable. Co-defendant was found liable and a verdict of $1.1 million was returned).

- Ferreria v. Sunrise Hospital (Las Vegas, NV). Alleged failure to diagnose and treat pneumonia in a homeless man. Alleged EMTALA violation. Man died on hospital grounds 1 1/2 hours after discharge from ER. This case received attention from the national media, including a 20/20 segment in 1997. (Demand: $1.5 million; Offer: $25,000; Asked of Jury: $3 million; Verdict: Not Liable).

- Nicholson v. Michael Reese Hospital. Alleged failure to properly treat gestational diabetes. Plaintiff, 41 year-old female, and her 30 week-old fetus, died allegedly due to an overdose of insulin, two days after initiation of treatment. (Demand: None; Offer: None; Asked of jury: $2.5 million; Verdict: Not Liable).

- Thomas v. Palmer. Alleged failure to diagnose and treat steroid induced psychosis resulting from treatment of obstructive lung disorder. Plaintiff, 51 year-old female died when she drove through a T-intersection at 80+ mph and struck a house. Plaintiff claimed that her condition required hospitalization. (Demand: $1 million; Offer: None; Asked of jury $3 million; Verdict: Not Liable).

- Heastie v. Olympia Fields Hospital. Alleged negligent treatment of intoxicated patient while in four-point restraints. Plaintiff was able to gain access to a lighter, and while attempting to burn off his restraints, caused a fire resulting in third-degree burns over 22% of his body. (Demand: $8 million; Offer: $350,000; Asked of jury: $7.8 million care cost, plus unspecified amount for pain and suffering and disability; Verdict: Not Liable) (Reversed on appeal: see below. Currently pending before Illinois Supreme Court).

- Jones v. Michael Reese Hospital. Alleged failure to diagnose groin infection post-cardiac catheterization resulting in above the knee ambulation of right leg. (Demand: $5 million; Asked of jury: $17 million; Verdict: $700,000 (co-defendants settled for $2.8 million).

- Pulley v. Chicago Lakeshore Hospital. Suicide death of a 25 year-old male (survived by mother) from a pipe in a drop ceiling of a psychiatric unit. Patient had been admitted for multiple prior suicide attempts. (Demand: $1 million; Offer: $100,000; Asked of Jury: $3.5 million; Verdict: $25,000).

- Garley v. LaGrange Memorial Hospital. Death of 44 year-old female (survived by husband and 4 minor children) two days post-hysterectomy procedure from pulmonary embolus allegedly due to inappropriate intra-operative and post-operative prophylaxis. (Demand: $16 million; Offer $2 million; Asked of Jury: $18 million; Verdict: $2.8 million vs. hospital and co-defendant physician) (Reversed on appeal).

- Galvan v. Norwegian American Hospital. Death of 31 year-old female (4 surviving minor children) allegedly due to failure to timely diagnose and treat post-operative infection. (Demand: $8 million; Offer: $0; Asked of Jury: $3.5 million; Verdict: Not liable (jury hung as to co-defendant physician).

- Salas v. Michael Reese Hospital. Unnecessary thoracic surgery resulting in death of 26 month-old child. (No Demand; No offer; Asked of Jury: $3.5 million; Verdict: $2.8 million -- not liable on all direct claims, and by virtue of an indemnity agreement with co-defendant, Michael Reese was not required to pay out on this verdict).

- Johnson v. Michael Reese Hospital. Brachial plexus injury following shoulder dystocia. (Demand: $350,000; Offer: None; Asked of Jury: $1.122 million, plus unspecified amount for disfigurement; verdict $800,000).

- Non-Catastrophic Injury: Pergams v. Uchino. Alleged failure to timely diagnose kidney stone, leading to an unnecessary exploratory laparotomy. (Demand: $100,000; Offer: None; Asked of Jury: $198, 987; Verdict: Not Liable).

- Phillips v. Michael Reese Hospital. Failure to diagnose post C-section uterine infection, leading to hysterectomy. (Demand: $900,000; Offer: None; Asked of Jury: $983,820; Verdict: Not Liable).

- Bell v. Gottlieb. False imprisonment/battery when plaintiff was prevented from leaving hospital with her sister's baby. (Demand: $100,000; Offer: None; Verdict: Directed Not Liable).

- Taussig v. Charles. Negligent prescription of medication resulting in pulmonary embolus. (Demand: $66,000; Offer: None; Asked of Jury: $350,000; Verdict: $75,000) (Reversed on appeal. Case ultimately settled for $10,000).

- Gertzfeld v. Rush. Failure to properly restrain patient leading to fall and hip fracture. (Demand: $50,000; Offer: $25,000; Asked of Jury: $50,000; Verdict: Not Liable).

- Zissimopoulos v. Midwestern University. Breach of contract action involving architectural work at Olympia Fields Hospital. (Demand: $25,000; Offer: None: Asked of Jury: $36,000; Verdict: $36,000).

- Rocco v. Katz. Alleged negligent failure to diagnose and treat hypothyroidism for 18 months, resulting need for triple coronary artery bypass. Additional allegations of intentional misdiagnosis of nasal allergies and deviated nasal septum, and fraudulent inducement to undergo surgery. (Demand: $1 million; Offer: None; Asked of Jury $686,000; Verdict: Not Liable).

- Nayder v. Stinson. Negligent administration of anesthesia, resulting in patient being aware, and able to feel, C-section surgery. (Demand: $150,000; Offer: $50,000; Asked of Jury: $1,950,000; Verdict: $150,000).

- Appeals Drafted/Argued: Heastie v. Olympia Fields Hospital. Illinois Supreme Court. Primary issue was whether the doctrine of Res Ipsa Loquitur applied to situation where patient lit himself on fire after being place in restraints by hospital staff. Decision pending.

- York v. Rush Presbyterian St. Luke's Medical Center. Illinois Supreme Court. Assisted in drafting amicus curiae brief on behalf of various local hospitals. Primary issue on appeal was whether the jury properly was allowed to consider apparent agency claim for anesthesiologist where there was evidence that patient selected physician. The Supreme Court affirmed the trial court's verdict, but re-formulated the reliance element requirements of an apparent agency claim. Under this case, in order to establish reliance plaintiff need only prove that the plaintiff relied on the hospital to select the physician in question. The court also seemed to endorse the use of consent forms to defeat apparent agency claims.

- James v. Ingalls Memorial Hospital. First District Court of Appeals. The trial court granted summary judgment in favor of Ingalls Memorial Hospital on plaintiff's apparent agency claim, holding that where: 1) plaintiff testified she still would have gone to the hospital had she known physicians were not employees of the hospital; and 2) she signed a consent form advising her that physicians at the hospital were not employees, she could not maintain her apparent agency action. The appellate court affirmed, holding that plaintiff could not meet her burden of proof as to the reliance element of her apparent agency claim where she testified she would have gone to the hospital even had she known the physician in question was not its employee. The court also held that by virtue of the consent form signed by plaintiff at the time of her admission advising her that the physicians at the hospital were not its employees, she could not later claim that she believed the physicians to be employees of the hospital. This is a very significant case in that it was the first defense-favorable case on the issue of apparent agency in medical malpractice actions. Numerous subsequent cases have relied on this decision in further limiting this cause of action.

- Taussig v. Charles. First District Court of Appeals. Following a verdict for plaintiff, an appeal was taken on the issue of whether plaintiff's subsequent conduct was relevant to her informed consent claim. Plaintiff suffered a pulmonary embolus after taking Ovral that had been prescribed by the defendant physician. Given her prior history of pulmonary embolus, taking Ovral, which contains estrogen, put her at higher risk for subsequent pulmonary embolus when taking medications containing estrogen. Plaintiff claimed that she would not have taken the Ovral had she known of the increased risk. After the incident in question, plaintiff began taking estrogen, which similarly put her at an increased risk for developing pulmonary embolus. The trial court barred defendant from eliciting evidence of her subsequent estrogen use. The appellate reversed holding that plaintiff's subsequent conduct was relevant to her informed consent claim.

Education

University of Illinois - College of Commerce and Business Administration, M.B.A., 1990
University of Illinois College of Law, J.D., 1990, magna cum laude
University of Kansas, B.S. (Accounting and Business Administration), 1986
Bar Admissions

Illinois, 1990
Nevada, 2003
Courts

United States District Court, Northern District of Illinois
Professional and Community Organizations

Illinois State Bar Association
Clark County Bar Association

To learn more please visit: http://www.hpslaw.com

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Contact Information

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thinkAlchemy
Marina del Rey, CA
USA
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