NOTABLE CASES

Neville, Richards & Wuller, LLC serves national, state and local clients in courts throughout Central and Southern Illinois and Eastern Missouri. The firm’s seven lawyers and support staff are dedicated to furnishing elite trial and appellate advocacy.

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Plaintiff v. Orthopedic Surgeon

St. Clair County – Medical Malpractice.  Alleged negligence in performance of a total hip replacement surgery resulting in leg shortening with development of hip and back pain.  Defense verdict.

 

Plaintiff v. Orthopedic Surgeon

St. Clair County – Medical Malpractice.  Alleged improper treatment of bilateral humeral fractures resulting in limited function.  Defense verdict.

 

Plaintiff v. Orthopedic Surgeon

St. Clair County – Medical Malpractice.  Alleged failure to appropriately diagnose and treat vascular occlusion following fracture/dislocation of patella resulting in leg amputation.  Successfully defended appeal to the Illinois Fifth District Appellate Court. Defense verdict.

 

Plaintiff v. General Surgeon

Montgomery County – Medical Malpractice.  Alleged negligence during laparoscopic cholecystectomy resulting in resection of common bile duct and hepatic duct with need for Rue-en-Y repair.  Defense verdict.

 

Plaintiff v. Insurance Co.

Defended health insurer for claim for over $800,000 of health insurance benefits.  The defense was pre-existing condition.  Defense Verdict.

 

Plaintiff v. Employer/Insurer

Suit under ERISA for client’s denial of disability benefits for claimed fibromyalgia.  Defense Verdict.

 

Plaintiff v. Insurance Carrier for Broker

Summary judgment for carrier client on multi-million dollar liability defense tender by plaintiff. Prevailed an appeal.

 

Plaintiff v. General Surgeon

Montgomery County – Medical Malpractice. Wrongful Death.  Alleged negligence in performance of open cholecystectomy and failure to diagnose biliary leak ultimately resulting in death.  Defense verdict.

 

Plaintiff v. Interventional Cardiologist, et al.

St. Clair County – Medical Malpractice. Wrongful Death.  Alleged negligence in performance of balloon angioplasty procedure resulting in vessel perforation and death.  Defense verdict.

 

Plaintiff v. Interventional Cardiologist, et al.

Madison County – Medical Malpractice. Wrongful Death.  Alleged negligence in prescribing Amiodarone resulting in Amiodarone lung toxicity and death.  Defense verdict.

 

Plaintiff v. Plastic Surgeon

St. Clair County – Medical Malpractice.  Alleged negligence in treating post-op infection after breast reduction surgery resulting in breast deformity and scarring.  Defense verdict.

 

Plaintiff v. Internal Medicine Specialist, et al.

St. Clair County – Medical Malpractice. Wrongful Death.  Alleged negligence in failing to diagnose and treat respiratory failure following appendectomy which led to death.  Defense verdict.

 

Plaintiff v. Family Practice Specialist

Bond County – Med. Malp./Wrongful Death.  Alleged failure to diagnose and treat MI resulting in death.  Successfully defended appeal to the Illinois Fifth District Appellate Court. Defense verdict.

 

Goldman v. Graber Post Bldgs., Inc., 2007 U.S. Dist. LEXIS 34718; Goldman v. Graber Post Bldgs., Inc., 2007 U.S. Dist. LEXIS 76227

Summary judgment for client in Wrongful Death Claim.

 

Plaintiffs v. Automobile Owners/Property Owners

Have successfully handled numerous personal injury and property damage claims (through settlement and trial) arising out of automobile accidents and premises liability claims at the request of casualty insurers. Defense Verdict.

 

Hardin, et al. & Anesthesiologists, Ltd. v. Paradigm Ins. Co., 962F.2d628

Successfully sued off-shore Malpractice Insurance Carrier for fraud, winning reimbursement and punitive damages.

 

Transamerica Ins. Co. v. South, 125 F.3d 392; Transamerica Ins. Co. v. South, 99 F.3d 216

Successfully defended first-party carrier against claim for coverage by financial broker sued by numerous clients for negligent financial recommendations.

 

Fuoss v. Auto Owners (Mut.) Ins. Co., 118 Ill. 2d 430; Fuoss v. Auto Owners (Mut.) Ins. Co., 148 Ill. App. 3d 526

Successfully defended Summary Judgment if favor of carrier in underinsured motorist claim.

 

Plaintiff v. Pressure Vessel Manufacturer

Secured dismissal with prejudice of asbestos mesothelioma claim in Madison County, IL. Dismissal with prejudice.

 

Plaintiff(s) v. National Rail Road Company

Assisted in and ultimately controlled defense of asbestos and toxic tort claims system-wide in state and federal courts in numerous states.

 

Asbestos Defendant v. Insurer

Served as expert witness in coverage dispute for asbestos claims spanning for decades.

 

Plaintiff v. Railroad Co.

Plaintiff alleged asbestos exposure, interstitial fibrosis and disabling respiratory condition due to exposure to asbestos.  Claim tried as a summary jury trial.  Defense Verdict.

 

Metal Company v. National Railroad

A new tariff appeal. Case tried before the Illinois Commerce Commission with the decision in favor of the railroad.  Successfully defended an appeal to the Illinois First District Appellate Court.  A Petition for Leave to Appeal to the Illinois Supreme Court was denied.

 

Plaintiffs v. National Railroads

Successfully defended railroads (through settlement and through trial) in numerous FELA cases brought by railroad employees against their employing railroads alleging a variety of on the job injuries and damages. Defense Verdict..

 

Plaintiff v. Internal Medicine Physician

Madison County, IL—Medical Malpractice. Plaintiff filed wrongful death and survival action claiming that the physician was negligent by failing to timely and properly evaluate and treat decedent’s IV site infiltration/infection before discharge from the hospital, failing to timely and properly diagnose and treat IV site infiltration/infection before discharge from the hospital ER and failing to timely and properly diagnose and treat plaintiff’s decedent for bacterial sepsis causing death of patient.   Second chaired trial resulting in defense verdict.

NOTABLE CASES

Neville, Richards and Wuller, LLC

The attorneys of Neville, Richards & Wuller, LLC have successfully handled thousands of cases on behalf of its clients over the last three decades. Below is a sampling of the firm’s notable cases, including reported cases. This list is not exhaustive, but is reflective of the firm’s trial and appellate success in a diverse array of subject matters.

Plaintiff v. Family Practitioner

Defended family practitioner for failing to diagnose and address stroke symptoms.  Fifty-two year old male rendered catastrophically and permanently disabled from work and ability to perform self-care.  Economic damage claim alone exceeded $10 million.  Defense Verdict.

 

Plaintiff v. OB/GYN, et al.

Jackson County – Medical Malpractice. Obstetrical case.  Alleged negligence during pre-natal care resulting in severe brain injury including Cerebral Palsy. Trial lasted 4½ months.  Successfully defended appeal to the Illinois Fifth District Appellate Court.  Defense verdict.

 

Lovellette v. Southern R. Co., 898 F.2d 1286

Obtained reversal of summary judgment against railroad seeking contribution from tortfeasor.

 

National Railroad v. Illinois Commerce Commission

Railroad filed action to eliminate cabooses from its runs.  Railroad was opposed by railroad labor unions.  The case was successfully resolved by settlement with the agreement of the railroad unions to allow the elimination of cabooses and was approved by the Illinois Commerce Commission.  A companion case in Missouri was also similarly successfully resolved.

 

Metal Company v. National Railroad

A new tariff appeal.  Case tried before the Illinois Commerce Commission with the decision in favor of the railroad.  Successfully defended an appeal to the Illinois First District Appellate Court.  A Petition for Leave to Appeal to the Illinois Supreme Court was denied.

 

Plaintiffs v. National Railroads

Successfully defended railroads (through settlement and through trial) in numerous FELA cases brought by railroad employees against their employing railroads alleging a variety of on the job injuries and damages. Defense Verdict.

 

Plaintiff v. OB/GYN, et al.

Sangamon County – Medical Malpractice. Obstetrical case.  Alleged negligence during labor and delivery resulting severe brain injury including Cerebral Palsy. Trial lasted 4 weeks.  Successfully defended appeals to the Illinois Fourth District Appellate Court and two appeals to the Illinois Supreme Court.  Case often cited in Illinois regarding interpretation of The Illinois Medical Studies Act. Defense verdict.

 

Plaintiff v. Orthopedic Surgeon

St. Clair County – Medical Malpractice.  Alleged improper treatment of bilateral humeral fractures resulting in limited function.  Defense verdict.

 

Plaintiff v. Orthopedic Surgeon

St. Clair County – Medical Malpractice.  Alleged failure to appropriately diagnose and treat vascular occlusion following fracture/dislocation of patella resulting in leg amputation.  Successfully defended appeal to the Illinois Fifth District Appellate Court. Defense verdict.

 

Plaintiff v. General Surgeon

Montgomery County – Medical Malpractice.  Alleged negligence during laparoscopic cholecystectomy resulting in resection of common bile duct and hepatic duct with need for Rue-en-Y repair.  Defense verdict.

 

Plaintiff v. General Surgeon

Montgomery County – Medical Malpractice. Wrongful Death.  Alleged negligence in performance of open cholecystectomy and failure to diagnose biliary leak ultimately resulting in death.  Defense verdict.

 

Plaintiff v. Family Practice Physician, et al.

St. Clair County – Medical Malpractice.  Alleged negligent treatment of leg fracture with development of post-op osteomyelitis.  Defense verdict.

 

Plaintiff v. Anesthesiologist Physician

Forty-two-year-old plaintiff, a single mother of two, underwent surgery for carpal tunnel.  Anesthesiology event caused hypoxic ischemia encephalopathy and rendered plaintiff in a permanent vegetative state.  Suit against anesthesiologist.  Economic loss alone exceeded $15 million.  Four week trial.  Defense Verdict.

 

Plaintiff v. General Surgeon Physician

Death of 43-year-old wife and mother due to alleged failure to diagnose severe kidney infection.  Defense Verdict.

 

Plaintiff v. Internal Medicine Physician

Plaintiff alleged improper dosage of pain medication causing addiction and personal injury.  Defense Verdict.

 

Plaintiff v. Family Practitioner Physician

Death of 60-year-old woman allegedly due to client’s failure to diagnose and treat cardiac condition.  Defense Verdict.

 

Plaintiff v. Obstetrician Physician

Injury to newborn during delivery, involving Erb’s Palsy, requiring nerve grafting and permanent neurological disability.  Delivery complicated by shoulder dystocia.  Defense Verdict.

 

Warren v. Murugappan, 2002 U.S. Dist. LEXIS 18717

Affirmed summary judgment for defendant physician in malpractice claim.

 

Plaintiff v. Orthopedic Surgeon, et al

St. Clair County – Medical. Malpractice.  Alleged negligent treatment of a Colles fracture resulting in disability.  Defense verdict for doctor.  Plaintiff verdict against co-defendant hospital.

 

Plaintiff v. OB/GYN

St. Clair County – Medical Malpractice. Wrongful Death.  Obstetric case.  Alleged negligence in delivery resulting in severe brain injury which ultimately led to child’s death.  Defense verdict.

 

Plaintiff v. OB/GYN

Madison County – Medical Malpractice.  Shoulder dystocia at delivery of baby resulting in Brachial Plexus Palsy.  Alleged negligence during delivery resulting in Brachial Plexus Palsy.  Defense verdict.

 

Plaintiff v. Homeowner

Defended client homeowner in electrocution allegedly caused by negligent supervision of the placement of a citizen’s band radio antenna tower.  Two individuals electrocuted while moving tower.  Defense Verdict.

 

Plaintiff v. Homeowner

Civil Court Judge was injured by bullet allegedly fired from homeowners Winchester Rifle.  Homeowner was shooting a chicken hawk on his premises, and the judge was struck by a bullet 1½ miles away.  All settlement attempts failed, even after homeowner policy limits were offered.  Defense Verdict.

 

Plaintiff v. OB/GYN

Madison County – Medical Malpractice.  Alleged negligence in laparoscopically assisted vaginal hysterectomy resulting in bilateral ureteral perforations necessitating surgical repair with residual damages.  Defense verdict.

 

Lovellette v. Southern R. Co., 898 F.2d 1286

Obtained reversal of summary judgment against railroad seeking contribution from tortfeasor.

 

National Railroad v. Illinois Commerce Commission

Railroad filed action to eliminate cabooses from its runs.  Railroad was opposed by railroad labor unions.  The case was successfully resolved by settlement with the agreement of the railroad unions to allow the elimination of cabooses and was approved by the Illinois Commerce Commission.  A companion case in Missouri was also similarly successfully resolved.

 

Plaintiff v. General Surgeon

Effingham County, IL—Medical Malpractice. Plaintiff filed suit against surgeon alleging negligence in performing gall bladder surgery and failure to diagnose biliary leak.  Second chaired trial resulting in defense verdict.

 

Plaintiff v. General Surgeon

Madison County, IL—Medical Malpractice. Plaintiff filed suit seeking damages for alleged negligence in performing hernia repair surgery.  Second chaired trial resulting in defense verdict.

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