Mike's practice is devoted entirely to civil litigation and has included matters involving professional medical liability, product liability, medical device litigation, pharmaceutical liability, corporate litigation, insurance declaratory judgment litigation, bad faith litigation, fraud, contractual litigation and other forms of professional liability litigation, including the representation of architects and engineers. Mike has tried more than 150 complex civil litigation cases to a jury verdict.
* Obtained a defense verdict in favor of an obstetrician-gynecologist in a case alleging negligent management of a suspected ectopic pregnancy.
* Following a three week jury trial, obtained a verdict in favor of a urologist in a wrongful death action alleging failure to diagnose and treat postoperative bleeding following a bilateral hand-assisted laparoscopic nephrectomy surgery.
* Obtained judgment as a matter of law on behalf of a general surgeon arising out of claims that he negligently performed a laparoscopic ventral hernia repair.
* Obtained judgment as a matter of law during jury trial for general surgeon accused of negligently failing to prescribe anticoagulants following an intraoperative surgical complication.
* Secured a defense verdict for a reproductive endocrinologist in a wrongful death claim filed by a mother in connection with the loss of her unborn child.
* Secured a defense verdict for an emergency room physician and a radiologist in a medical malpractice action in Houston County, Alabama. The plaintiff in the case alleged that both physicians improperly failed to diagnose a fracture and acute rotary subluxation of the C1 vertebral ring following a motorcycle accident. The plaintiff argued that he suffers permanent torticollis, pain and disfigurement as a result of the alleged failure to diagnose. Following a week long trial in which nine witnesses testified, the jury returned a verdict in favor of both defendants.
* Secured a defense verdict for a group of three cardiologists in a wrongful death action alleging that the cardiologists improperly failed to consult a surgeon to perform an embolectomy following the diagnosis of a thromboembolic occlusion of the superior mesenteric artery (SMA) during a cardiac catheterization procedure.
* Secured dismissal of two gastroenterologists and a hospitalist during a twelve day wrongful death trial in Jefferson County, Alabama.
* Obtained judgment as a matter of law for surgeon after five days of trial in wrongful death claim involving allegations of failure to diagnose and treat a perforated duodenal ulcer.
* Obtained a defense verdict in favor of a general surgeon in a wrongful death case alleging negligent failure to treat peripheral vascular disease with an aortobifemoral bypass graft surgery versus more conservative management options.
* Obtained a defense verdict in favor of a plastic surgeon in a wrongful death case alleging negligent postoperative monitoring of a patient with Von Recklinghausen's neurofibromatosis.
* Obtained a defense verdict on behalf of a radiologist in a case alleging negligence in the failure to properly diagnose an acoustic neuroma on a CT scan.
* Obtained a defense verdict in favor of a cardiologist in a wrongful death case alleging negligent management of conscious sedation and resuscitation during an angioplasty and stent placement procedure.
* Obtained defense judgment for nursing home in four day arbitration involving claims by plaintiff for personal injury and wrongful death.
* Obtained a defense verdict in the United States District Court for the Southern District of Alabama for an orthopedic surgeon charged with placing a plate directly over a patient's radial nerve during an open reduction and internal fixation procedure performed to treat the patient's severe humeral fracture.
* Obtained a defense verdict in a wrongful death case alleging that a cardiothoracic surgeon negligently cut the subclavian artery during cardiac bypass surgery.
* Obtained a defense verdict in favor of an anesthesiologist in a case arising out of a cervical epidural block which led to a spinal cord injury.
* Recently obtained a defense verdict for an OB/GYN in case involving improper conduction of electricity/heat to patient's tissue during a LEEP.
* Obtained a defense verdict in favor of an emergency room physician in a wrongful death case alleging negligent failure to diagnose an arteriovenous malformation within the brain.
* Obtained a defense verdict in favor of a certified registered nurse anesthetist in a case alleging negligent failure to appropriately follow manufacturer recommendations in administering Trasylol through a peripheral IV.
* Obtained a defense verdict in favor of an anesthesiologist and CRNA in a case alleging that negligent administration of oxygen resulted in a surgical fire during a tonsillectomy for a four-year-old patient.
* Obtained a defense verdict in favor of a family medicine specialist in a wrongful death case alleging negligent failure to appropriately follow a pericardial effusion.
* Obtained a defense verdict in favor of an emergency room physician in a case involving the death of an infant following evaluation and discharge from the emergency room.
* Obtained a defense verdict in favor of a general surgeon in a case alleging negligent failure to detect bowel injury and negligent failure to surgically repair a fistula.
* Obtained a defense verdict on behalf of a radiologist in a suit alleging negligence in the failure to properly interpret the progressive worsening of a moderate subarachnoid hemorrhage in two CT scan studies.
* Obtained a jury verdict in favor of a hematology oncology specialist in a case involving chemotherapy overdose.
* Obtained a jury verdict in favor of two anesthesiologists in a pediatric death case involving tracheal rupture associated with intubation.
* Obtained a jury verdict in favor of an anesthesiologist in a case involving paralysis following the administration of a cervical epidural block.
* Obtained a jury verdict in favor of an OB/GYN specialist in a case involving complications of twin pregnancy and cerebral palsy.
* Obtained a directed verdict in favor of a hospital in a death case involving administration of medication not intended for a patient.
* Obtained a jury verdict in favor of an internal medicine physician in a case involving prescription of pain medication/suicide.
* Obtained a jury verdict in favor of a hospital in an infant death case involving complications of meningitis.
* Obtained a jury verdict in favor of an orthopedic surgeon in a case involving rupture of popliteal artery during arthroscopic surgery.
* Obtained a jury verdict in favor of a general surgeon in a case involving transected common bile duct during cholecystectomy.
* Obtained a jury verdict in favor of an orthopedic surgeon in a death case involving sepsis and postoperative wound infection.
Honors And Awards
Mike is an Advocate of the American Board of Trial Advocates, was selected by his peers for inclusion in Best Lawyers in America®, 2008 - 2017, and has been recognized as a top Litigator for the state of Alabama in the 2014 - 2017 editions of Chambers USA.
Mike is a frequent speaker on topics of litigation, including healthcare law and institutional liability for catastrophic injuries to athletes.
Johnson ex rel. Estate of Darnell v. Brookwood Medical Center, 946 So. 2d 849 (Ala. 2006).
Chapman v. Smith, 893 So. 2d 293 (Ala. 2004).
East Alabama Behavioral Medicine, P.C. v. Chancey, 883 So. 2d 162 (Ala. 2003).
Rivard v. University of Alabama Health Services Foundation, P.C., 835 So. 2d 987 (Ala. 2002).
Sullivan v. Mihelic, 808 So. 2d 6 (Ala. 2001).
Ex parte Thorn, 788 So. 2d 140 (Ala. 2000).
Poole v. Gonzalez, 782 So. 2d 777 (Ala. 2000).
Mutual Assur., Inc. v. Chancey, 781 So. 2d 172 (Ala. 2000).
Ex parte Flynn, 776 So. 2d 99 (Ala. 2000).
Bethel v. Thorn, 757 So. 2d 1154 (Ala. 1999).
Thomas v. Ekambaram, 706 So. 2d 1245 (Ala. Civ. App. 1997).
Mihelic v. Sullivan, 686 So. 2d 1130 (Ala. 1996).
Jefferson Clinic, P.C. v. Mixon, 684 So. 2d 127 (Ala. 1996).
Williams v. Spring Hill Memorial Hosp., 646 So. 2d 1373 (Ala. 1994).
Reed v. Brookwood Medical Center, 641 So. 2d 1245 (Ala. 1994).
Applin v. Consumers Life Ins. Co. of North Carolina, 623 So. 2d 1094 (Ala. 1993).
Roberts v. Hutchins, 613 So. 2d 348 (Ala. 1993).
Levesque v. Regional Medical Center Bd., 612 So. 2d 445 (Ala. 1993).
Williams v. Tanner, 607 So. 2d 171 (Ala. 1992).
Alabama Hosp. Ass’n Trust v. Mutual Assur. Soc. Of Alabama, 538 So. 2d 1209 (Ala. 1989).
Abernathy By and Through Abernathy v. Brookwood Health Services, Inc., 534 So. 2d (Ala. 1988).
Gallups v. Cotter, 534 So. 2d 585 (Ala. 1988).
Welch v. Houston County Hosp. Bd., 502 So. 2d 340 (Ala. 1987).
Henley v. Pizitz Realty Co., 456 So. 2d 272 (Ala. 1984).
Williams v. First City Nat. Bank of Oxford, 448 So. 2d 344 (Ala. 1984).
Guthrie v. Bio-Medical Laboratories, Inc., 442 So. 2d 96 (Ala. 1983).
Henson v. Estes Health Care Center, Inc., 439 So. 2d 74 (Ala. 1983).