08-06-2021 | Blogs, Insurance Defense, Legal News, Medical Malpractice Defense

BrownWinick Medical Malpractice Team Secures Several Courtroom Wins

By: BrownWinick



BrownWinick congratulates the Medical Malpractice Team of Loree Nelson and Jennifer De Kock on a series of recent courtroom wins. This Team has a proven track record of success in defending practitioners by applying specialized legal and medical expertise to each case through a provider and facility-focused strategy. Read on to learn about the latest victories for their clients.

April 5, 2021 – A young mother filed a medical malpractice lawsuit alleging a chiropractic adjustment was performed negligently. As a result, she claimed she suffered a vertebral artery dissection that left her with both neurologic and functional impairments. While the plaintiff presented expert testimony on the standard of care, she lacked sufficient proof that the chiropractic adjustment had caused her dissection. BrownWinick member Loree Nelson successfully argued the case should be dismissed on summary judgment. The court agreed and granted summary judgment dismissing all of the plaintiff’s claims. The BrownWinick Team’s sound legal strategy and execution lead to this dismissal.

April 20, 2021 – The BrownWinick Medical Malpractice team successfully defended an application for interlocutory appeal to the Iowa Supreme Court where the plaintiff’s attorneys attempted to overturn 50 years of precedent barring wrongful death claims by the estate of a stillborn infant. Wrongful death claims by stillborn infants have never been allowed under Iowa law. This ruling was not only significant for this individual case but held the line for all Iowa providers facing malpractice claims in stillbirth cases.

May 4, 2021 – Following a jury trial in Polk County, the BrownWinick Medical Malpractice Team was successful in defending an obstetrician in a stillbirth case. The mother filed a lawsuit claiming the death of her child was due to negligence on the part of the doctor. The trial involved legal and medical issues that were both complicated and technical. Expert testimony addressed complex issues involving placental pathology and congenital heart defects.  Expert testimony was also required to address the mother’s mental health issues, which included claims of PTSD due to the death of her child. After hearing all of the evidence, the jury returned a unanimous verdict in favor of the doctor. 

July 21, 2021 – After a 7-day jury trial in Polk County, the BrownWinick Medical Malpractice Team was successful in obtaining a defense verdict for an obstetrician in a shoulder dystocia case. The parents alleged the obstetrician used excessive force while he was addressing the shoulder dystocia. There was no dispute that the child had suffered an injury to the nerves in her neck, and that injury resulted in serious and permanent loss of function to her arm and hand. But the defense successfully argued this was not due to any negligence on the part of the doctor. Attorney Loree Nelson presented cutting-edge testimony on obstetrics and biomechanical engineering to show the obstetrician had given appropriate care, and the injuries were related to the maternal forces of labor rather than anything the doctor had done. The plaintiff attorney is well-known for his success in shoulder dystocia cases.  In spite of that, the jury returned a verdict for the doctor. This watershed case is significant in Iowa because this type of ground-breaking biomechanical research is advancing our understanding of complex engineering principles as they apply to childbirth as well as shoulder dystocia.