• 01 Feb 2022 11:04 AM | Kathi McKeown

    The following is reprinted from JUSTIA, February 1, 2022:


    Albright v. Christensen

    Docket: 21-1046 

    Opinion Date: January 31, 2022

    Judge: Karen Nelson Moore 

    Areas of Law: Civil Procedure, Medical Malpractice, Professional Malpractice & Ethics


    Albright was severely injured in a car accident and used opioids to manage her chronic pain. She became addicted to opioids. Seeking treatment for her addiction, Albright turned to Dr. Christensen to administer a one-week in-patient detoxification program. Christensen started Albright with a patient-controlled analgesia pump to supply her with hydromorphone, a pain reliever; he also gave Albright phenobarbital, which depresses the central nervous system. Christensen terminated these treatments after Albright became “anxious and tearful” while the two discussed the treatment. Changing tack, Christensen twice administered Suboxone—an opioid-replacement medication—to Albright. On both occasions, Albright immediately developed muscle spasms, pain, contortions, restlessness, and feelings of temporary paralysis. She refused further treatment and was discharged. Albright still suffers shaking, muscle spasms, and emotional distress. The Sixth Circuit reversed the dismissal of Albright’s suit against Christensen. The suit sounds in medical malpractice rather than negligence. Michigan’s affidavit-of-merit and pre-suit-notice rules for medical-malpractice actions conflict with the Federal Rules of Civil Procedure and do not apply in diversity cases in federal court. Federal Rule 3 requires only the filing of a complaint to commence an action—nothing more. The district court mistakenly invoked Erie and applied the pre-suit-notice rule in Albright’s case.

    Read Opinion


  • 24 Jan 2022 1:19 PM | Kathi McKeown

    KDC is pleased to welcome its newest members.

    Victoria Eleanor Boggs of Napier Gault Schupbach & Stevens, PLC, Louisville is a law school graduate of Washington University in St. Louis.  Ms. Boggs practices in the area of Medical Malpractice.  She is sponsored by KDC President-Elect, Kristen Fowler.

    Timothy B. Spille of Reminger Co., LPA, Fort Mitchell Kentucky, is a University of Northern Kentucky Chase College of Law graduate.  Mr. Spille practices in the areas of Auto, Construction, Insurance, Presises, Tort, Trucking & Utilities.  He is sponsored by KDC Director, Bill Orberson.

  • 12 Jan 2022 9:25 AM | Kathi McKeown

    KDC is pleased to welcome its newest member.

    Caroline Ahler Augenstein of Ward Hocker & Thornton, PLLC, Lexington is a University of Kentucky Rosenberg College of Law graduate.  Ms. Augenstein practices in the area of Insurance Coverage.  She is sponsored by KDC Director, Ashley Brown.

  • 05 Jan 2022 3:37 PM | Kathi McKeown

    As of January 1, 2022, the law firm of McMasters Keith & Butler merged with Stoll Keenon Ogden's Louisville office.  

  • 17 Dec 2021 11:02 AM | Kathi McKeown

    KDC welcomes its newest member:

    Leah Theriot Scharff of O'Bryan, Brown & Toner, Louisville is a University of Louisville Brandeis School of Law graduate.  Ms. Scharff practices Business Litigation, General Liability, Insurance Coverage, Medical Malpractice, Nursing Home, Professional Liability and Tort.  She is sponsored by KDC member, Scott Burroughs.

  • 22 Nov 2021 9:26 AM | Kathi McKeown

    KDC is pleased to welcome its two newest members:

    Joshua Justice Owen of Sturgill, Turner, Barker & Moloney, PLLC, Lexington, is a University of Kentucky School of Law.  Mr.  Owen practices in the areas of Insurance, Medical Malpractice and Torts.  He is a member of DRI and is sponsored by KDC Secretary-treasurer, Andrew DeSimone.

    Danielle Marie Sweet of Sewell & Neal, PLLC, Louisville is graduate of the Indiana University Maurer School of Law.  Ms. Sweet practices in the areas of Auto, Insurance, Premises and Tort.  She is a member of DRI and is sponsored by KDC member, Charles A. Walker.

  • 18 Nov 2021 10:01 AM | Kathi McKeown

    KDC is pleased to welcome its three newest members:

    Kaylee Frances Collins of Ward, Hocker & Thornton, PLLC, Lexington, is a Salmon P. Chase College of Law graduate.  Ms. Collins practices in the areas of Auto, General Liability, Insurance Coverage, Premises Liability, Products Liability and Tort.  She is sponsored by KDC Director, Ashley Brown.

    Winfield McKee Frankel of O'Bryan, Brown & Toner, Louisville, is a University of Dayton School of Law graduate.  Mr. Frankel is practices in the areas of General Liability, Medical Malpractice and Professional Liability.  He is sponsored by Gerald R. Toner (KDC's 2021 Diplomat award recipient).

    Jason Wayne Hall of Coleman Lochmiller & Bond, Elizabethtown is a Salmon P. Chase College of Law graduate.  Mr. Hall practices in the areas of Auto and Insurance.  He is sponsored by KDC Past President, Beth Lochmiller.

    Danielle Marie Sweet of Sewell & Neal, PLLC, Louisville is a graduate of Indiana University Maurer School of Law.  Ms. Sweet practices in the areas of auto, insurance, premises and tort.  She is a member of DRI and is sponsored by KDC member, Charles A. Walker.

  • 09 Nov 2021 4:04 PM | Kathi McKeown

    KDC is pleased to welcome its newest member.

    Emma Rose Gripshover of Dressman Benzinger Laelle psc, Crestview Hills, is a University of Cincinnati College of Law graduate.  Ms. Gripshover practices in the areas of Employment and Medical Malpractice.  She is sponsored by KDC Director, Ryan McLane.

  • 05 Nov 2021 10:06 AM | Kathi McKeown

    KDC is pleased to announce its two newest members:

    Jennifer Batista Dominicci of Sturgill, Turner, Barker & Moloney, PLLC, Lexington is a graduate of the Interamerican University of Puerto Rico School of Law.  Ms. Dominicci practices in the area of Government law.  She is a member of DRI and is sponsored by KDC Secretary-Treasurer, Andrew DeSimone.

    Clay Edward Thornton of Ward, Hocker & Thornton, PLLC, Lexington, is a graduate of the University of Kentucky School of law.  Mr. Thornton practices in the areas of Auto, Construction, General Liability, Insurance Coverage, Premises Liability, Tort, Trucking and Workers' Comp.  He is a member of DRI and is sponsored by Gregg Thornton and KDC Director, Ashley Brown.

  • 02 Nov 2021 10:08 AM | Kathi McKeown

    KDC members, join us at Stoll Keenon Ogden, 300 W. Vine Street, 21st Floor, Lexington on Thursday, November 4 at 4:00 p.m. for the program, CLE -- What Caused the Fire? How Electricity and Electrical Faults Spark a Case." 

    The program is sponsored by S-E-A, Ltd. and Michael Rupp, P.E., IAAI-CFI®, NAFI-CVFI, CFEI will be presenting the program.  

    After the CLE program, we hope those in attendance will join us at The Thirsty Fox.


 
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