Fox Smith partners, Richard Korn and Mike Donelson, obtained a defense verdict after a four week wrongful death medical malpractice trial in Williamson County, Illinois. Richard and Mike represented an obstetrician/gynecologist who treated a 73 year old patient on medical maintenance anti-coagulation therapy for urinary incontinence. After performing a Tension Free Vaginal Tape surgery in September 2013, the patient was admitted to the hospital for anti-coagulation bridging therapy. On post-op day two, the patient’s condition began to deteriorate and continued to worsen over the course of the next twelve hours at which time a CT of abdomen showed significant internal bleeding in the pelvis. Approximately twenty-four hours later, the patient passed away from internal bleeding, leaving a husband and five adult children. In the subsequently filed lawsuit, the plaintiff alleged that Richard and Mike’s client was liable on theories of Lack of Informed Consent and Professional Negligence for failing to timely diagnose and treat the internal bleeding. Plaintiff retained five experts during the course of the litigation and 41 depositions were taken. After 3 1/2 hours of deliberation, the jury returned a verdict of not guilty in favor of Richard and Mike’s client.
Five Fox Smith, LLC Partners have been named 2021 Super Lawyers/Rising Stars. Those attorneys are Ron Fox (Transportation and Maritime), Tom Smith (Medical Malpractice Defense), Richard Korn (Employment Defense Litigation), Sarah Mangelsdorf (Environmental), and Margaret (Meggie) Devereux Gentzen (Employment Defense Litigation). Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Congratulations to our honorees!
Sarah Mangelsdorf and Pete Cosgrove of Fox Smith, LLC will be speaking to the AIChE St. Louis Chapter on November 16, 2021. The American Institute of Chemical Engineers is a professional organization for chemical engineers. Sarah’s topic is “Responding to Government Inquires.: Pete will be giving an Employment Law Update: “How to Protect Yourself and Your Business in the era of “Me-Too.”
Sarah Mangelsdorf, a Partner at Fox Smith LLC, has been named Vice Chair of the Missouri Bar Association’s Environmental & Energy Law Committee. This committee seeks to advance the fields of environmental and energy law by exploring developments in law and policy, with an emphasis on topics of local and regional import; encouraging dialogue among attorneys in the private, public, and non-profit sectors; fostering relationships between regulators and the regulated community; and building collaborative relationships with local law schools to inspire future environmental and energy leaders. The committee will promote this mission by co-sponsoring CLE and networking events with local universities, industry, and other interested parties.
Fox Smith, LLC Partners Ted Lucas and Meggie Gentzen will be speaking at the upcoming Bar Association of Metropolitan St. Louis Maritime Seminar on October 29, 2021. Ted will be speaking on Indemnity and Hold Harmless Agreements – Issues and Things to Remember Even after the Agreement is Signed. Meggie will update the group on Employment Law issues. For further details, please visit https://www.bamsl.org/?pg=events&evAction=showDetail&eid=109628&evSubAction=listAll.
Fox Smith, LLC will host its Legal Symposium on September 30 in St. Louis. Both in person and remote options are available.
Topics will include:
* Employment Law Update – Medical Marijuana, Workplace Investigations, HR101, Employees Not Getting Along (documentation, termination)
* COVID 19 Update
* Understanding Your Insurance Policy & Pitfalls Panel Discussion – GL, Cyber, Professional Liability, Premises Liability, Employment Policy
Please contact Susan at firstname.lastname@example.org if you would like to attend.
Sherry Hurst, Administrator for Fox Smith, LLC, was nominated for and received the Unsung Legal Heroes award. The award is given by Missouri Lawyers Weekly and intended to recognize those who work in the legal field who attorneys rely on day in and day out to support their efforts. Congratulations to Sherry!
Fox Smith is proud to announce that founding partner Ron Fox has been selected to receive the ICON Award by Missouri Lawyers Media. The ICON Awards recognize distinguished men and women 60 or older who have demonstrated notable, sustained success and strong leadership within and outside the field of law. Ron will receive the honor at a ceremony at the Missouri Athletic Club on August 24. Congratulations, Ron!
Richard Korn and Sarah Mangelsdorf recently obtained a favorable ruling on behalf of their clients, a group of attorneys who worked together as part of an office-sharing arrangement. Richard and Sarah represented the defendants in a legal malpractice lawsuit filed in the Circuit Court of Whiteside County, Illinois. In essence, plaintiffs, a limited liability corporation and an individual, alleged that an individual attorney within defendants’ office sharing arrangement misappropriated certain funds arising out of a real estate transaction between the corporate defendant and a third-party, thereby causing financial harm to both the corporate plaintiff and the individual plaintiff. In their Complaint, plaintiffs alleged in excess of $2,700,000.00 in damages.
After approximately four years of litigation, plaintiffs filed a Motion to Amend the Complaint in order to add additional claims against the defendants. Richard and Sarah successfully opposed plaintiffs’ Motion to Amend the Complaint, arguing that the additional counts brought by plaintiffs were new claims that did not relate back to the original Complaint and that these new claims were barred by the statute of limitations and/or statute of repose applicable under Illinois law to professional liability claims against attorneys. In addition, Richard and Sarah successfully argued that the corporate plaintiff did not have statutory authority to maintain a lawsuit in Illinois because it was not an Illinois corporation registered to do business within the State of Illinois. As a result, the corporate plaintiff abandoned all of its claims against the defendants.
Richard and Sarah subsequently filed a Motion for Summary Judgment as to the remaining claims brought by the individual plaintiff, arguing that defendants are entitled to summary judgment as a matter of law because an attorney-client relationship did not exist between the individual plaintiff and the defendants. Plaintiff also filed a Motion for Summary Judgment arguing the individual plaintiff was entitled to summary judgment because he was a third-party beneficiary of the real estate transaction between the corporate defendant and the third-party. The court heard oral argument on both motions and issued its Opinion and Order denying Plaintiff’s Motion for Summary Judgment and granting Defendants’ Motion for Summary Judgment.
Richard Korn recently successfully argued for the dismissal of their client, a social worker, in a healthcare malpractice case featured in local media stories and on numerous websites and web blogs. The case, pending in the Circuit Court of St. Louis County, arose out of child custody proceedings between the Plaintiff and her ex-husband. During the course of those proceedings, the family law judge appointed Richard’s client, a licensed clinical social worker, to provide reunification therapy for the Plaintiff’s two minor children. Plaintiff claimed that the social worker’s reunification therapy fell below the standard of care and that as a result thereof Plaintiff’s relationship with her children was irreparably harmed. Plaintiff further claimed that the social worker breached fiduciary duties and violated the Missouri Merchandising Practices Act during the course of the reunification therapy. In defending their client, Richard successfully contended that the social worker, as a court-appointed therapist, was entitled to quasi-judicial immunity for any actions and/or omissions arising out of the therapy she provided. They further argued that the Plaintiff did not have a cognizable claim against their client given there was no healthcare-provider patient relationship between the Plaintiff and the social worker. After oral arguments of nearly four hours, the trial judge ultimately granted their Motion to Dismiss and entered judgment in favor of the social worker. The matter is currently on appeal.