Case Results

Confidential Settlement

Failure to Monitor

A teenage boy sustained a head injury in an automobile accident. The surgery was a success and he was recovering miraculously. He was self-sufficient, talkative, and preparing for discharge from his therapy at the physical rehabilitation hospital. He was prescribed the medication Dilantin to prevent seizures. The medical providers failed to appreciate that they had prescribed too much of this medication and failed to monitor the Dilantin levels through simple blood tests. The patient became toxic from the Dilantin, grew dizzy, and fell in his hospital room landing directly on the site of his previous head injury.

The patient is in a persistent and permanent vegetative state and is currently being cared for by his parents.

Outcome: 

A settlement was reached with all defendants. The terms of the settlement are protected by a confidentiality agreement.

Confidential Settlement

Failure to Monitor- Wrongful Death

The patient presented to the Clinic complaining of chest pain, diaphoresis, and other symptoms classically associated with a heart attack. An EKG was taken but misread. The patient later collapsed and died at the hospital.

Outcome: 

A settlement was reached pre-suit. The terms of the settlement are protected by a confidentiality agreement.

Confidential Settlement

Surgical Negligence

A female underwent laparoscopic gallbladder surgery at the hospital. The surgeon removed a section of the patient’s bile duct. Bile leaked from the patient’s incisions for several weeks and the doctor inserted drainage tubes but failed to detect the seriousness of his surgical error. His patient was finally transferred to Tulsa and had a successful surgical repair.

Outcome: 

A settlement was reached pre-suit. The terms of the settlement are protected by a confidentiality agreement.

Confidential Settlement

Surgical Negligence- Wrongful Death

A surgeon performed colon-rectal surgery on a 58-year old man, for treatment of rectal prolapse. The doctor failed to create a proper anastomosis that permitted fecal material to seep into the patient’s abdominal cavity. This went undetected by the medical providers and the patient developed fatal peritonitis.

Outcome: 

A settlement was reached pre-suit. The terms of the settlement are protected by a confidentiality agreement.

Confidential Settlement

Medication Error

The customer’s regular medicine was negligently misfiled with the blood thinner coumadin. She unknowingly took the blood thinner twice a day for 28 days and was found by her sister lying in a pool of blood and incoherent. She was rushed to her doctor and admitted to the hospital. After several days, she was stabilized and released.

Outcome: 

A settlement was reached just prior to trial. The terms of the settlement are protected by a confidentiality agreement.

Confidential Settlement

Surgical Negligence

A woman underwent outpatient sinus surgery and the doctor injured the patient’s optic nerve. The patient lost vision in one eye and the vision in her other eye is impaired.

Outcome: 

A settlement was reached. The terms of the settlement are protected by a confidentiality agreement.

Confidential Settlement

Surgical Negligence- Wrongful Death

A forty-two-year-old woman underwent abdominal surgery for a perforated ulcer. After surgery, a nurse administered a blood thinner to clear her central catheter. The use of this particular blood thinner in this clinical setting was not indicated according to the safety warnings sent to the hospitals by the drug manufacturer and the Federal Drug Administration. The hospital failed to heed the warning and administered a dose 25x in excess of the customary dose used prior to the warnings being issued. Within hours, the patient bled to death.

Acquittal

United States v. Harold E. Staples, III

Court: United States District Court for the Northern District of Oklahoma

Case No: 91-CR-119-001-C

Defendent: Harold E. Staples, III

Prosecutor: United States Attorney

The defendant was charged with Production of a False Document, False Statement to a licensed firearm dealer, possession of a firearm after a prior felony conviction, use of an unauthorized access device, and conspiracy. The case was tried to a jury.

Outcome: Acquittal

Case Retried & Dismissed

United States of America v. C. Douglas Wood, M.D.

Court: United States District Court for the Eastern District of Oklahoma

Case No: CR-98-003-S

Plaintiff: C. Douglas Wood, M.D.

In one of the few criminal prosecutions of a physician for the wrongful death of his patient, Dr. Wood was called to defend himself to a charge of first-degree murder. Dr. Wood was indicted for allegedly causing the death of his patient “willfully, deliberately, maliciously, and with premeditation and maliceaforethought” by injecting him with potassium chloride (KCL). Dr. Wood had previously operated on the patient after he presented to the emergency room for a perforated viscous. Dr. Wood treated the patient over the following week. Dr. Wood defended his actions on the morning in question by stating that he was treating an emergent condition that required extreme measures. The government called four medical experts in the matter and the defense called three local physicians to testify on behalf of Dr. Wood.

Outcome: Dr. Wood was convicted of the lesser-included offense of involuntary manslaughter. The conviction was appealed to the Tenth circuit court of Appeals, which overturned the conviction and remanded the case for re-trial. Prior to the re-trial, the government dismissed the case and did not proceed further.

Acquittal

State of Oklahoma v. Jamie Nichole Chambers

Court: Tulsa County District Court

Case No: CF-98-1111

Plaintiff: State of Oklahoma

Defendent: Jamie Nicole Chambers

On August 22, 1997, Jamie Chambers was charged with First Degree Murder during the commission of a Felony, for the March 4, 1996 shooting of Michelle Hendrix by Steven White. Jamie reported her involvement with the crime two days after the event and fully cooperated with the authorities during their investigation. It was her testimony that directly led to the identification and arrest of the shooter, Steven White. The authorities initially labeled her as an innocent bystander to the crime, but after almost eighteen months of public pressure against the District Attorney’s office, murder charges were eventually filed. The charges against Ms. Chambers were later reduced to Accessory to First Degree Murder. Because Ms. Chambers was 17-years old at the time of the alleged offense, she was first certified in the juvenile court of Tulsa County to stand trial to the charge as an adult. On April 5, 1998, Ms. Chambers pled pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), meaning that she maintained her innocence, but would accept a court-imposed sentence. The court of Tulsa County sentenced Ms. Chambers to fifteen years of incarceration. Ms. Chambers was later allowed to withdraw her plea after it was uncovered that the sentencing judge had an undisclosed conflict of interest. Ms. Chambers’ case was tried to a jury in April of 1983. The defense successfully argued that Ms. Chambers lacked the specific mens rea to commit the offense.

Outcome: Acquittal

Acquittal

State of Texas v. James Mack

Court: Dallas County District Court

Plaintiff: Dallas County Prosecutor

Defendent: James Mack

Mr. Mack was accused of First Degree Murder. At trial, the defense was able to show that an eyewitness to the shooting had falsely identified him as the shooter in the victim’s murder

Outcome: Acquittal

Acquittal

United States of America v. Howe

Court: United States District Court for the Northern District of Oklahoma

Case No: 97-CR-05-C

Plaintiff: United States of America

Defendent: Carol Howe

Commencing in August 1994, Carol Howe entered into a contract with the USA through its agents at the BATF to act as an informant. The BATF agents specifically requested Carol to associate with suspected members of the underground white resistance movement to enable her to witness and record their activities and gather documents, books, papers, propaganda, and other materials. BATF agents installed video surveillance equipment in Carol’s home and equipped her with audio recording equipment for her person and telephone. Carol accumulated and provided the BATF with volumes of written materials, numerous audio recordings, videotapes, hand-written notes, maps, diagrams, drugs, and components for the construction of explosive devices. After the Oklahoma City Bombing, and when her name appeared on the witness list for defense in USA v. Timothy McVeigh, Howe was indicted on three counts: conspiracy, possession of materials for making a pipe bomb and willfully making a bomb threat.

Outcome: Acquittal

Acquittal

State of Oklahoma v. Charles Elliot

Court: Tulsa County District Court

Case No: CF 2001-1167

Plaintiff: State of Oklahoma

Defendent: Charles Elliot

On October 26, 2001, after a week-long trial, a Tulsa County jury acquitted Charles W. Elliot of first-degree murder in connection with the fatal shooting of a Kellyville man, Russell Holt. Charles Elliot did not know Mr. Holt. Rather, Janet Elliot, Mr. Elliot’s estranged wife, had enlisted her 17-year old boyfriend and his “very large friend” (Mr. Holt), to beat up her husband. Evidence of cell phone records confirmed that Janet Elliot and her boyfriend made many calls to each other during the late hours in the days prior to the shooting. Janet Elliot and her boyfriend admitted they used methamphetamine together. Charles Elliot, who had a permit to carry a concealed weapon, retreated after pulling a gun from his pocket and fired a warning shot when Mr. Holt came aggressively toward him.

Outcome: Acquittal

Acquittal

United States of America v. Harold E. Staples, III

Court: United States District Court for the Northern District of Oklahoma

Case No: 90-CR-75-C, US Supreme Court Case No. 92-1441

Defendent: Harold E. Staples, III

Prosecutor: United States Attorney

Experts: William Fleming – Firearms Dealer, Charles Fagg – Firearms Expert

Mr. Staples’ home was searched by the ATF and the Jenks Police Department. Two firearms were seized. An M-1 Carbine was used in World War II by Mr. Staples’ father, which was being kept in Mr. Staples’ home. The officers also seized an AR-15 rifle. Seven months later, Mr. Staples was indicted for knowingly possessing unregistered machine guns. The AR-15 was defective even in semi-automatic mode. The AR-15 was capable of firing “automatically” by malfunction. The law governing the case provided that possession of a machine gun was unlawful regardless of whether one knew it was a machine gun. At trial, the jury convicted Mr. Staples. He was sentenced to probation for five (5) years and fined. The Defendant appealed to the Tenth Circuit. The Court of Appeals upheld the conviction finding that the defendant’s knowledge as to the characteristics of the weapon was not an element of the crime which the government must prove.

Outcome: This firm appealed the conviction to the United States Supreme Court with the central issue in the appeal concerning there being a lack of mens rea, or knowledge requirement, in the statute under which Mr. Staples was convicted. The Supreme Court agreed and reversed the conviction. The trial court then entered a judgment of acquittal.

Confidential Settlement

Wrongful Death

The parents of a Tulsa boy who was found dead inside the trunk of a 1999 Chevrolet Cavalier have settled their lawsuit against General Motors Corp. and a rental car company on confidential terms, attorneys said Tuesday. Twelve-year-old Joseph Prosser was found dead on Sept. 3, 1983, inside the trunk of a rental car the family had been using while their car was broken down.

Confidential Settlement

Shooting Case

A lawsuit filed by the estate of a Liberty teenager who was shot to death by police in August 1999 has been settled for what plaintiff’s counsel called sufficient to offer some consolation to the teen’s family.

Confidential Settlement

Prescription Error

A Bartlesville woman has settled a federal lawsuit against Kmart Corp. less than a week before the case was set to go to trial. Claiming that a negligently filled prescription left her with a damaged colon and continuing medical complications, Beatrice Reesey sued the Kmart Corp. on Jan. 11, 1999, in U.S. District Court in Tulsa.

Confidential Settlement

Pharmaceutical Negligence

Our client was the widow of a gentleman who was prescribed Propulsid manufactured by Johnson & Johnson and Janssen Pharmaceutica for treatment of esophageal reflux. After taking the prescription medication for only eight days, our client’s husband suffered a terminal cardiac arrhythmia. Fourteen months after the death of our client’s husband, the defendant’s pharmaceutical companies ordered the medication to be discontinued.

Outcome: This case settled prior to trial for a confidential amount.

Confidential Settlement

Automotive Negligence

Our client was the grandmother of a six-year-old boy and a four-year-old girl. The children became trapped in the trunk of their mother’s car when the lid inadvertently closed while the children were playing. The children became trapped in the trunk on a hot Texas summer day. The vehicle did not contain an internal trunk release resulting in the children’s death due to terminal hyperthermia. Presently all newly manufactured vehicles are required to possess an internal trunk release.

Outcome: This case settled prior to trial for a confidential amount. 

Confidential Settlement

Unsafe Medical Devices

Our clients were implanted with artificial hips. The implanted hips contained a chemical compound that prevented their adhesion to bone prompting the need for corrective surgeries and re-implantation with other artificial hips.

Outcome: These cases settled prior to trial for a confidential amount.

Confidential Settlement

Automotive Negligence

Our clients were the parents of a twelve-year-old boy. The young man entered the trunk of his parent’s rental car through a fold-down rear seat. The rear-seat re-latched trapping the young man in the vehicle’s trunk on a hot Oklahoma day in August. The vehicle did not contain an internal trunk release resulting in our clients’ son suffering terminal hyperthermia. Presently all newly manufactured vehicles are required to possess an internal trunk release.

Outcome: This case settled prior to trial for a confidential amount.