News Archives

2009

2008

2007

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2009

Ike Northup was named to the directory "Best Lawyers in America" for the tenth straight year.

That publication recognized him for his skills in the areas of personal injury and business litigation trial expertise.

 

Ike Northup speaks at the 2009 North Carolina Association of Defense Attorneys

Ike Northup was one of the speakers in the area of medical malpractice law and procedure at the 2009 North Carolina Association of Defense Attorneys fall seminar. Ike spoke on the appropriate structure of discovery scheduling orders, evidentiary questions at trial and the scope of expert testimony of subsequent treating physicians. The fall seminar occurs yearly in Greensboro and is attended by insurance claim managers, attorneys and other persons involved in defense work.

 

August 20, 2009

Firm Wins Dismissal of Complaint -- May Obtain Attorneys' Fees

Representing the firm's client, a home inspector, Brady Fulton argued for and obtained dismissal of the plaintiff's complaint. The plaintiffs had brought suit against the home inspector, alleging that he negligently performed an inspection of their home. Citing North Carolina's "economic loss rule," Mr. Fulton convinced the Court that the plaintiff's complaint failed to state a claim upon which relief could be granted, and had to be dismissed because the home inspection was performed under a written agreement, which prohibited claims of this type. The plaintiffs argued that the contract was not controlling, but the Court sided with the firm's client and dismissed the complaint against him. The written agreement also provides that the plaintiffs can be held liable to pay the home inspector's attorneys' fees if they bring an unsuccessful legal action against him. Mr. Fulton asserted a counterclaim for attorneys' fees under the contract, and that claim is still pending before the Court.

 

July 21, 2009
The Jury Returns Verdict of No Negligence

The Jury returned a verdict of no negligence in the Burke County trial of a radiologist represented by the firm. The case involved a missed finding of a brain tumor on a CT scan, resulting in allegations of delayed diagnosis and treatment. Although the tumor was in fact not reported by the physician at the time he read the scan, the defense centered on the idea that a failure to see what is on a CT scan is not necessarily, in itself, negligence. The jury agreed.

 

July 17, 2009
Plaintiff Voluntarily Dismisses Suit Against Firm's Client

After analyzing the record and finding a subtle, yet fatal, flaw in the service of process in a civil suit, the firm moved to dismiss the claim against its client before answering the Complaint. Just three days before the motion to dismiss was to be heard and decided by the Court, the Plaintiff voluntarily dismissed the lawsuit. Because of this swift and decisive victory, no discovery was taken in the case and the firm's client reaped substantial savings of time and money.

 

April 2009
The firm Welcomes Brady Fulton as our Newest Member

Read Brady's biography to learn the expertise he adds to the mix.

 

February 20, 2009
No Negligence Found in Malpractice Action Against Surgeon

A patient sued his physician in Cleveland County after a surgical procedure left him with a permanent femoral nerve injury resulting in chronic pain and significant loss of function in his right lower extremity. Patient claimed total disability. This firm represented the general surgeon who performed a total colectomy on this patient with serious intestinal disease. The procedure necessitated the use of a retractor to allow the surgeon visualization and access to the intestine. Allegation in the malpractice action was that the surgeon malpositioned the retractor and did not monitor the position of the retractor resulting in compression of the femoral nerve. The case was successfully defended. The jury found no negligence on the part of the surgeon, returning a defense verdict.

 

February 2009
Victory in Malpractice Action Against Local Hospital

Ike Northup and Beth McConnell represented the community Hospital in Newland, North Carolina. This malpractice action asserted the inaction of nursing staff caused the death of a 61-year-old man who collapsed while being transferred to ICU. Patient could not be resuscitated and died. The case was tried for 3 weeks in Avery County North Carolina. The jury returned a defense verdict.

 

January 16, 2009
Successful Verdict in Medical Malpractice Lawsuit

Attorney Ike Northup tried to jury verdict a Medical Malpractice action in Gaston County, North Carolina. The case involved a retained sponge allegedly left after a C-section performed by the Defendant surgeon. Plaintiff had undergone other abdominal procedures in the past. Plaintiff had several years of lower right quadrant pain and ultimately had surgery to remove a large lap pad consistent with the type used during surgeries. Our client admitted he had a duty to remove foreign objects before closing a patient at surgery. The jury was not convinced this sponge was left behind at the time of the C-section rather than another surgical procedure. Neither was it convinced our client had violated his duty to do his best to remove foreign objects at surgery. The jury found no negligence on the part of our client, returning a defense verdict.

 

2008

November 14, 2008
Malpractice Suit in Cleveland County Ends Successfully with Defense Verdict

This firm represented a family practitioner sued by the estate of a patient claiming medical malpractice resulting in wrongful death. The patient was a 19-year-old male who weighed over 350 pounds. Patient reported to the family practitioner that he had "pulled" his chest muscle at work while lifting. Patient had pain with inspiration. Patient was sent home on pain medicine and told to call if he got worse or had new symptoms. Two days later, while at home, the patient had a sudden pain in his leg, collapsed and died of a massive pulmonary embolism. Autopsy showed older emboli had been occurring at the time of the office visit with the family practitioner. The trial lasted over a week. The jury found no negligence on the part of our client returning a defense verdict.

 

October 2008

Successful Defense of Orthopedic Surgeon in Buncombe County

Plaintiff was rendered quadriplegic after three surgeries were performed on her cervical spine by the firm's client, an orthopedic spine surgeon. The hardware used in the initial procedure pulled free from bone resulting in multiple procedures. Plaintiff was a 62 year old female . The jury agreed that our client used his best judgment, complied with the standard of care and returned a verdict of no negligence.

 

February 2008

Defense Verdict for Haywood County Physician

This firm represented a Haywood county pulmonologist who allegedly neglected to appropriately follow his 32 -year- old patient for a lung nodule. Patient alleged she should have been followed with serial CT scans. It was alleged the patient lost the opportunity for early treatment of lung cancer. The patient developed metastatic lung disease. The trial took place in Haywood County. The jury found no negligence.

 

2007

November 2007

No Negligence Found in case of Alleged Delay of Emergency Surgery

Ike Northup tried and won this medical malpractice case in Catawba County, NC. It was alleged that the orthopedic surgeon negligently delayed emergency surgery of a patient suffering from clear signs and symptoms of cauda equina syndrome resulting in permanent loss of bowel and bladder function. The jury agreed with defense and found no negligence.

 

October 2007

Defense Victory in Avery County

Patient's estate alleged wrongful death resulting from an alleged delay in transfer of a 450 pound patient with severe back pain and fever. This firm represented the treating physician at the hospital. The physician was unable to accomplish scans of the patients back as the equipment at the hospital could not accommodate the patient's size. Transfer of the patient was accomplished the next day to a tertiary care facility where the patient underwent a myelogram and surgery evidencing spinal abscess. Unfortunately the patient died shortly after surgery. No negligence was found by the jury.

 

February 2007

Victory for defendant Cardiac Surgeon in Catawba County

A patient suffered a post-operative bleed after cardiac surgery. The allegation of negligence was that the bleed was not recognized in a timely fashion causing plaintiff to suffer from shock requiring multiple transfusions and resulting in extended rehabilitation and permanent injury. This firm represented the surgeon who had operated on the patient and was attending to her in the post-operative period. The jury found no negligence on the part of our client, returning a defense verdict.