In The News
- Firm Name Change
On October 15, 2013, Carroll, Kelly, Trotter, Franzen & McKenna changed its firm name to Carroll, Kelly, Trotter, Franzen, McKenna & Peabody. Thomas Peabody has been a long-time member of the Carroll, Kelly, Trotter, Franzen, McKenna & Peabody family. He joined the firm in 1996, and became a partner in 2001.He has successfully represented clients against claims of professional/medical negligence, elder abuse, general liability, products liability , and sexual misconduct. Mr. Peabody practices out of the San Diego and Long Beach offices. He has had several prominent verdicts featured in both legal and new publications. He is a three time recipient of the "Super Lawyers" award and maintains an active role in the Association of Southern California Defense Counsel. In his spare time, Mr. Peabody enjoys mountain biking and coaching youth basketball, baseball, and soccer.
- "Friend of the Court" Efforts to Protect MICRA [Medical Injury Compensation Reform Act]
On behalf of the Association of Southern California Defense Counsel, as amicus curiae, CKTFMP's appellate specialist David Pruett filed a letter brief with the California Supreme Court asking it to review the Court...of Appeal decision in the case of Flores v. Presbyterian Intercommunity Hospital (2013) 213 Cal.App.4th 1386. In Flores, the Court of Appeal refused to apply the MICRA one-year statute of limitations to the circumstance of a hospital patient falling when the rail of a hospital bed collapsed. Instead, the Court of Appeal applied the two-year statute generally applicable to other types of personal injury actions. That decision would have necessarily also deprived the hospital of other MICRA protections, including the $250,000 limit on noneconomic damages.
On May 21, 2013, all seven justices of the California Supreme Court voted to grant review (four votes needed).
Among the arguments asserted in support of the request for review was that a hospital is a health care provider and part of its professional obligation is to provide patients with beds and to provide for patients' safety. Because the injury alleged in Flores arose from the alleged failure of the hospital to comply with its duties of its license as a health care provider, it was asserted to the Supreme Court that MICRA should apply.
The immediate effect of the grant of review is that the decision of the Court of Appeal is no longer citable authority. No litigant or court in California can now point to the Court of Appeal's decision in Flores to support any argument or ruling.
Hopefully, the Supreme Court granted review because it disagreed with the reasoning of the Court of Appeal and will render a decision instructing that MICRA is to be applied to all cases alleging acts or omissions connected with the duties of a health care provider's license.
- Mark Franzen Presentation
A presentation on December 18, 2012, was given to the Emergency Medical Specialists of Orange County by Mark Franzen and Jennifer Sturges on “Emergency Department Liability.”
- Mark Franzen and Jennifer Sturges Presentation
On August 15, 2012, Mark Franzen conducted at presentation to MedAmerica Mutual Risk Retention Group, Inc. on “Street Smarts for the Emergency Physician.”
- Mark Franzen Presentation
On August 1, 2012, Mark Franzen conducted a “Shoulder Dystocia Seminar” at White Memorial Medical Center.
- Mark Franzen Presentation
On July 17, 2012, Mark Franzen and Jayme T. Vacarro spoke to the Southern California Association for Healthcare Risk Management on “Ten Tactics for Successfully Negotiating a Medical Malpractice Lawsuit.”
- CKTFMP Adopts Several Salvation Army Families for the Holidays
For the second year in a row, employees of CKTFMP participated in the Adopt-A-Family Program through the Salvation Army. All items on the wish lists provided by the families were fulfilled and included clothing, personal hygiene supplies, bicycles and toys for the children and gift cards for durable goods.
- Brenda Ligorsky Conducts Webinar Regarding Pressure Ulcers
December 13, 2011 – Brenda Ligorsky presented a webinar entitled “Lessons Learned in the Defense of Hospital Acquired Pressure Ulcer Cases” to pressure ulcer and wound care providers, Chief Nurse Executives, Quality and Risk Managers and legal nurse consultants from various Catholic Healthcare West facilities.
- Mark Franzen Speaks at California Emergency Physicians of America
On October 5, 2011, Mark Franzen was an invited speaker by Med America at the annual meeting of the California Emergency Physicians of America (CEP) in Las Vegas, Nevada.
- Brenda Ligorsky on Documentation in Wound Cases
Over the summer of 2011 Brenda Ligorsky delivered talks on Documentation in Wound Cases for Chino Valley Medical Center, Montclair Hospital, San Dimas Community Hospital, Garden Grove Hospital, Huntington Beach Hospital, Centinela Hospital and Desert Valley Hospital.
- Rosen v. St. Joseph Hospital (2011) 193 Cal.App.4th 453
Affirmed dismissal by demurrer. Plaintiff alleged causes of action for (1) conversion and conspiracy to commit conversion, (2) violation of fiduciary duty, (3) violation of privacy, and (4) intentional infliction of emotional...distress; alleging defendants secreted an angiogram in a conspiracy to help the Los Angeles County Metropolitan Transportation Authority (MTA) defeat plaintiff's claims of injury based upon an alleged bus accident. Court agreed that the labels used by Rosen were properly disregarded, and that complaint was properly dismissed as the facts alleged amounted to spoliation of evidence claims barred by California Supreme Court decisions.
- PacifiCare of California v. Bright Medical Associates (2011) 198 Cal.App.4th 1451
Medical group's good faith settlement affirmed. Plaintiff sued only PacifiCare. PacifiCare cross-complained against Bright. Bright agreed to settlement with plaintiff, and trial judge dismissed PacifiCare's cross-complaint, finding the...settlement to be in good faith. PacifiCare challenged the group's settlement, arguing that because plaintiff never sued Bright the settlement was collusive and intended to disadvantage PacifiCare's defense. PacifiCare also contended it had a right to recover its attorney fees (exceeding $1 million) from Bright. PacifiCare contended "it incurred those fees solely to defend claims based on Bright's acts or omissions, rather than anything PacifiCare did or failed to do." Health and Safety Code section 1371.25 barred PacifiCare's indemnity claim for attorney fees – "neither plans nor providers are liable for the costs of defending others."
- Guerrero v. Southern California Kaiser Permanente Medical Group (Cal. Ct. App., Sept. 21, 2011, B225999) [not published]
Court of Appeal affirmed dismissal of plaintiff physician's claim against his employer based upon another employee's theft of his identify, agreeing plaintiff could not delay the running of the statute of limitations until thedate of the perpetrator's criminal conviction. A plaintiff cannot delay filing a civil action until that plaintiff obtains "the proof beyond a reasonable doubt required for a criminal conviction."
- Matthew Trotter and Brenda Ligorsky at Centinela Hospital and West Anaheim Medical Center
Matthew Trotter and Brenda Ligorsky conducted a mock deposition and presentation entitled “Wound Care and Documentation as it relates to Elder Abuse” to the nurses at Centinela Hospital on August 19, 2011.This presentation attempted to highlight the pitfalls commonly faced in depositions involving wound care. Matthew Trotter also presented “Charting 101″ on September 26, 2011 to the nurses and staff at West Anaheim Medical Center. These presentations focused on the issues commonly addressed in nursing depositions.
- Dozier v. Shapiro (2011) 199 Cal.App.4th 1509
Nonsuit affirmed because standard of care testimony was properly excluded from trial. Plaintiff's attorney obtained treating physician's agreement to criticize defendant's care without complying with the requirements for designating a "retained expert." The treating physician was "transformed" into a retained expert, when plaintiff's...attorney gave him additional information and asked him to testify at trial to opinions formed on the basis of that additional information.
- Carter v. Prime Healthcare Paradise Valley (2011) 198 Cal.App.4th 396
Affirming dismissal of complaint alleging elder abuse. Court of Appeal agreed that to maintain a claim for enhanced remedies under the Elder Abuse Act from a health care provider, a plaintiff must show more than simple or evengross negligence in the provider's care or custody of the elder – "a plaintiff must allege conduct essentially equivalent to conduct that would support recovery of punitive damages." To maintain a claim of elder abuse, the plaintiff must also allege facts "establishing the causal link between the neglect and the injury" "with particularity." The Court agreed that plaintiff's allegations did not show that "the Hospital did anything sufficiently egregious to constitute neglect (or any other form of abuse) within the meaning of the Elder Abuse Act," and that allegations of "failure of medical practitioner to provide necessary medication or treatment is malpractice," not abuse.
- Brenda Ligorsky and Nora J. Hite at Mission Hospital Regional Medical Center
On January 13, 2011, Brenda Ligorsky and Nora Hite delivered a talk on Risk Reduction, Communication and Documentation to the nursing staff at Mission Hospital Regional Medical Center.
- Red Cross Thanks CKTFMP Employees for Their Donations
November 11, 2010 – The Red Cross is grateful to the six CKTFMP employees who donated blood in the latest blood drive held in the Brookfield Properties building in Long Beach. CKTFMP’s goal is to increasetheir donations by at least one additional person at future blood drives. Current blood donors are greatly satisfied with their part in helping to save lives and have all reported the process is easy, fast and very convenient with minimal to no pain.
- Jennifer Sturges to Speak at 5th Annual Congress on Aesthetic Vaginal Surgery
Jennifer Sturges will speak at the 5th Annual Congress on Aesthetic Vaginal Surgery, a Post Conference Workshop during the 5th Annual Cosmetic Conference of the American Academy of Cosmetic Gynecologists (AAOCG). Thisyear’s conference, entitled “Education Without Barriers” is being held at the Ritz Carlton Dove Mountain in Tucson, Arizona from November 14-15, 2010. Ms. Sturges will speak about medical/legal issuesand how to take a pro-active approach in management.
- Dmitriy Cherepinskiy is named CKTFMP’s Newest Partner
October 28, 2010 – Dmitriy Cherepinskiy was named Carroll, Kelly, Trotter, Franzen, McKenna & Peabody’s newest partner on October 28, 2010. Mr. Cherepinskiy has been with the firm since 2003.
- San Diego Office to Open in July 2009
May 28, 2009 – CKTFMP is proud to announce the opening of their San Diego office on July 1, 2009. The new offices will be located at 225 Broadway, Suite 1575, San Diego, CA 92101.
- Richard Carroll at Loyola Law School
November 15, 2008 – Richard Carroll spoke at The State Bar of California, Litigation Section, Best Practices for Litigation and Trial panel on an advocate, a jury, and a persuasive conversation
- Richard Carroll at CAALA’s Annual Convention
August 29, 2008 – Richard Carroll spoke at the 2008 Consumer Attorneys Association of Los Angeles’ 26th Annual Las Vegas Convention on the defense perspective on the ideal juror
- CKTFM&P’s Newest Partners
July 9, 2008 – CKTFM&P congratulates Matthew N. Trotter, Jennifer A. Cooney, and Gabriel M. Irwin, who are now partners of the firm
- CKTFM&P and SCAHRM
May 7, 2008 – CKTFM&P is a proud Platinum Sponsor of SCAHRM’s 28th Annual Educational Conference
- CKTFM&P’s Las Vegas Office Relocates
April 17, 2008 – CKTF&M is pleased to announce the relocation of the Las Vegas office to 701 North Green Valley Parkway, Suite 105 in Henderson, Nevada 89074
- CKTFM&P’s Website
April 1, 2008 – CKTFM&P is proud to announce the launch of our newly redesigned website
- Ayala v. Arroyo Vista Family Health Center (2008) 160 Cal.App.4th 1350
March 14, 2008 – In a published opinion, the 2nd District Court of Appeal agrees with Richard Carroll and David Pruett in affirming the trial court verdict in favor of defendant, Arroyo Vista Family Health Center
- Titan Electric Corp. v. Los Angeles Unified School Dist. (2008) 160 Cal.App.4th 188
February 19, 2008 – In a published opinion, the 2nd District Court of Appeal agrees with Richard Carroll and David Pruett that an administrative hearing occurring after replacement of a subcontractor on a public worksproject is effective to approve the earlier replacement of that subcontractor, as the purposes of the Public Contract Code to prevent abuses were satisfied (the public entity had the opportunity to assess and accept the replacement during the project)
- Krishnan v. Cedars Sinai Medical Center (2008) 2008 Cal.App.Unpub.LEXIS 561
January 23, 2008 – In an unpublished opinion, the 2nd District Court of Appeal agrees with Richard Carroll’s trial court outcome. The Court of Appeal affirmed the decision of the trial court to grantdefendant’s Motion for Summary Judgment on the grounds that plaintiff’s Opposition was untimely and was properly stricken, and further that defendant’s Motion for Summary Judgment satisfied the initial burden of proof
- Perrillo v. Picco & Presley (2007) 157 Cal.App.4th 914
December 6, 2007 – In a published opinion, the 2nd District Court of Appeal agrees with Richard Carroll and David Pruett that a physician who provides expert evaluations in the workers compensation context cannot maintain a lien for those same expert services on the employees’ settlement of a civil toxic tort action
- Forbes Magazine
July 23, 2007 – CKTF&M is featured in Forbes Magazine
- Metropolitan News-Enterprise Article
September 29, 2005 – Metropolitan News-Enterprise reviews Michael Trotter’s successful Court of Appeal defense in Colleen M. v. Fertility and Surgical Associates of Thousand Oaks (2005) 132 Cal.App.4th 1466
- Colleen M. v. Fertility and Surgical Associates of Thousand Oaks (2005) 132 Cal.App.4th 1466
September 28, 2005 – In a published opinion, the 2nd District Court of Appeal agrees with Michael Trotter that plaintiff had no reasonable expectation of privacy regarding her medical records, and their disclosure wasauthorized pursuant to the Confidentiality of Medical Information Act (“CMIA”). Since the patient paid for in vitro fertilization treatments using her ex-fiance’s credit card, disclosure was proper to any person who was paying the patient’s health care expenses
- Los Angeles Business Journal
March 7, 2005 – Richard Carroll and Michael Trotter are profiled in the Los Angeles Business Journal
- Law.com Article
January 15, 2004 – Richard Carroll is interviewed regarding AB320, the California State Assembly bill that would forbid anyone regulated by a state professional board, including doctors, nurses, and dentists, from signing malpractice settlements that include prohibitions against the plaintiff from speaking with state regulators
- Verdict 2nd Quarter 2002
July 1, 2002 – Michael Trotter is featured in the “Name of the Game” column in Verdict, the quarterly publication of The Association of Southern California Defense Counsel
- Kalaba v. Gray (2002) 95 Cal.App.4th 1416
February 7, 2002 – In a published opinion, the 2nd District Court of Appeal agrees with Mark Franzen that plaintiff’s present examining and/or treating physicians should not be permitted to testify as expertwitnesses at trial, because plaintiff’s treating physicians were not specifically identified by name. Sine subsequent treating physicians are “percipient experts” they must be identified by name in the expert witness designation
- Money and Medicine
February 19, 1999 – In the Verdicts & Settlements Supplement to the Los Angeles and San Francisco Daily Journals, Richard Carroll and David Pruett discuss how, in the managed care context, the trial courts treat the financial disincentive concept
- Verdicts & Settlements
February 19, 1999 – Richard Carroll is featured in the Litigator Q&A column of the special medical malpractice issue of the Verdicts & Settlements Supplement to the Los Angeles and San Francisco Daily Journals
- "Friend of the Court" Efforts to Protect MICRA [Medical Injury Compensation Reform Act]