PHP Law Firm Wins Client One of Kansas’ Largest Wrongful Death Verdicts With Unprecedented Motion | Wichita Medical Malpractice Attorneys
In 2019, after nearly four years of constructing a case and an 11-day trial providing evidence and testimony, Wichita medical malpractice attorneys Bradley J. Prochaska and Ryan A. Prochaska of the Prochaska, Howell & Prochaska LLC Law Firm won their client a $6.55 million verdict—one of the largest wrongful death verdicts in Kansas history.
Back in 2015, Wichita resident, Lindsay Perez, was admitted to Wesley Hospital before undergoing a doctor-recommended emergency C-section, where she would eventually pass away due to pulmonary edema (fluid in the lungs) just hours after giving birth to her son, Zander. Soon after, Lindsay’s husband, Edgar Perez, partnered with our team at the PHP Law Firm to file a medical malpractice and wrongful death action on behalf of himself, his minor son, and the administrator of Lindsay’s estate. After two hours of deliberation, the jury returned a verdict in favor of Edgar and his son, awarding them a judgment totaling $6,550,000 in damages due to Wesley’s nurse’s failure to properly communicate signs and symptoms of pulmonary edema to the doctor on duty, violating the nursing standard of care. Since the initial verdict in 2019, our team has worked tirelessly to ensure the Perez family receives proper compensation for their loss. View the complete timeline of events below:
December 27, 2019—Presiding Judge William Woolley of the 18th Judicial District Court wrongly revoked the initial jury verdict due to an alleged lack of causation, granting Wesley Medical Center’s motion for judgment as a matter of law.
January 10, 2020—The district court entered a final judgment in favor of Wesley Medical Center and dismissed Perez’s claims. Thereafter, Perez filed a timely notice of appeal, seeking to have the jury’s original verdict reinstated.
January 7, 2022—On appeal, Perez contended that the district court erred in granting Wesley Medical Center’s motion for judgment as a matter of law and erred in reducing the amount of damages awarded by the jury. The Court of Appeals found expert testimony that, if believed, would be sufficient to establish a causal link between the alleged negligent events and Lindsay’s death. It was concluded that the nurse failed to immediately report all signs and symptoms found during her nursing assessment to the doctor on duty, and had the nurse done so, life-saving treatment would have been started, and Lindsay Perez would be alive today. The Court of Appeals concluded that the district court erred in granting Wesley Medical Center’s motion for judgment as a matter of law under the circumstances presented and reinstated the reduced verdict.
May 24, 2022—The Kansas Supreme Court denied Wesley Medical Center’s petition for review.
June 22, 2022—Wesley Medical Center filed its motion for a new trial.
June 23, 2022—Wesley Medical Center filed an Amended Motion to Stay Execution of Judgement, and the trial court ordered both parties to submit to further briefing regarding the trial court’s jurisdiction to hear a motion for new trials.
July 28, 2022—The PHP Law Firm made an unprecedented special motion to recall the case back before the Kansas Court of Appeals a second time, based upon legal research stating the Court of Appeals or Supreme Court may clarify their ruling.
August 29, 2022—The Kansas Court of Appeal decided the appropriate remedy would be to order the jury’s original verdict be reinstated and for the District Court not to hear Wesley’s untimely motion for a new trial. Wesley Medical Center was finally required to pay out the reduced $5.3 million verdict to the Perez family.
“We are incredibly proud of our work on this case and the ability to gain justice for the Perez family,” – said Ryan Prochaska.
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