Case Results

Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

Broken Handrail

Client was exiting a building and attempted to use the freestanding handrail when descending stairs. Handrail was loose and wobbled back and forth, causing the client to fall. Client suffered a torn rotator cuff and required multiple surgeries. Case settled before trial.

Medical malpractice – esophageal perforation during surgery

During biopsy of a lymph node to evaluate for lymphoma, a cardiothoracic surgeon perforated the esophagus of a patient. The esophageal perforation was not diagnosed immediately or for several days after the patient was discharged, despite the presence of symptoms prior to discharge and the patient calling the doctor’s office and complaining of unusual problems two days later. Case was settled prior to trial for $200,000.

Nevils v. Group Health Plan, Inc., et al.

Class action brought against health insurance carrier of federal employee for seeking reimbursement of health insurance benefits paid when the injured employee recovered in settlement with the party who caused the wreck. Missouri law generally prohibits health insurance carriers from seeking such reimbursement. Insurance carrier argued that provision in Federal Employee Health Benefits Act (FEHBA) allowed terms of the private contract between federal government and insurer to supersede state law. Case went up on appeal to the Missouri Supreme Court and the U.S. Attorney General’s office argued in favor of the insurance carrier’s position. In a unanimous decision, the Missouri Supreme Court adopted Blake’s arguments and became the first state supreme court in the nation to hold that a state law prohibiting subrogation/reimbursement was not preempted by the terms of a FEHBA contract. Subsequently reversed and remanded by the United States Supreme Court.

Morgan v. St. Luke’s Hospital of Kansas City

Class Action against Kansas City area hospitals for refusing to submit auto accident claims to a patient’s health insurance. The case was successfully appealed to the Missouri Court of Appeals for the Western District, creating new consumer-friendly case law in Missouri and paving the way for global settlement in a companion case, Welschmeyer v. St. Luke’s, et al. The settlement was valued at over $4,000,000.00 and included settlement payouts to class members, waiver of pending hospital liens and future injunctive relief.

Lay V. SSM Healthcare St. Louis

Class action prosecuted against St. Louis hospital group related to unfair billing practices. Hospital group was denying accident injury victims with health insurance the benefits of their insurance by refusing to submit hospital bills to the health insurance carrier for adjustment (reduction) and payment, opting instead to pursue the full amount of the bills pursuant to liens against third party recovery and medical payment benefits from auto insurance policies. 2,735 class members were eligible for an average class payment of $2,100, with the full settlement value of $2,100,000.00.

Get in touch with us

    North Kansas City
    Phone (816) 800-9446
    416 Armour Road
    N. Kansas City, MO 64116
    Get Directions
    Boonville Office
    414 Main Street
    Boonville, Missouri 65233
    Get Directions