Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 07-21-2021
Case Style:
Case Number: CJ-2017-3217
Judge: Rebecca Nightingale
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: James W. Connor, Jr., Mary Elizabeth Nesser and Grant Fritz for William J. Cook, M.D. and Urologic Specialists, Inc.
Description: Tulsa, Oklahoma plaintiff personal injury lawyers represent Plaintiff, who used Defendants on medical negligence (medical malpractice) theories claiming to have been injured and/or damaged as a direct result of the failure to exercise due care in providing care and treatment to him.
Plaintiff claimed that on April 19, 2014, Defendant William J. Cook, M.D., while working on behalf of Urologic Specialists of Oklahoma, Inc., performed a prostate laser vaporization procedure on him at St. John Medical Center, negligently and as a direct result created a colovesical fistula and eventually the permanent removal of Plaintiff's bladder and a permanent ileostomy.
Defendants denied all allegations of negligence and claimed that all medical care met or exceed the requisite standard of care.
Outcome: 6-25-2021 CTFREE
NIGHTINGALE, REBECCA; NOW ON THIS 22ND DAY OF JUNE, 2021, THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA CONVENES FOR A JURY TRIAL. PRESENT AND PRESIDING: REBECCA B. NIGHTINGALE, DISTRICT JUDGE; KEMA HICKS, COURT REPORTER; BROOKE GOLIGHTLY, BAILIFF; LAUREN BACK, MINUTE CLERK. PUBLIC PROCEEDINGS WERE HAD TO WIT:
CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF, PATRICK BURNHAM, PRESENT IN PERSON WITH COUNSEL THOMAS GANEM. DEFENDANT, WILLIAM J. COOK, M.D., IS PRESENT IN PERSON AND AS CORPORATE REPRESENTATIVE OF UROLOGIC SPECIALISTS OF OKLAHOMA, INC, WITH COUNSEL JAMES CONNOR AND GRANT FITZ.
THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THREE (3) JURORS ARE EXCUSED FOR CAUSE. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE PLAINTIFF. THREE (3) PEREMPTORY CHALLENGES ARE MADE BY THE DEFENDANT. TWELVE (12) JURORS AND ONE ALTERNATE IS ACCEPTED AND SWORN TO TRY THE CAUSE.
RULE OF SEQUESTRATION. OPENING STATEMENT IS MADE BY THE PLAINTIFF. OPENING STATEMENT IS MADE BY DEFENDANT. ALLISON HALL, COURT REPORTER. EIGHT (8) WITNESSES ARE SWORN. PLAINTIFF PRESENTS EVIDENCE AND RESTS AFTER FOUR (4) WITNESSES. PLAINTIFF'S WITNESSES: (1) DR. AMY KRAMBECK, (2) DALINDA SMITH, (3) JAMES BURNHAM, (4) PATRICK BURNHAM. DEFENDANT'S MOTION FOR DEMURRER AND DIRECTED VERDICT IS DENIED. DEFENDANT PRESENTS EVIDENCE AND RESTS AFTER FOUR (4) WITNESSES. DEFENDANT'S WITNESSES: (5) DR. REBECCA ARANT, (6) DR. RODNEY SHAFFER, (7) DR. WILLIAM JASON COOK, (8) DR. DANIEL WATSON. PLAINTIFF'S MOTION FOR DIRECTED VERDICT IS DENIED. DEFENDANT'S RENEWED MOTION FOR DIRECTED VERDICT IS DENIED.
THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 10:18 AM ON JUNE 25TH, 2021, THE JURY RETIRES FOR DELIBERATION IN THE CUSTODY OF THE BAILIFF. AT 12:05 PM ON JUNE 25TH, 2021, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT:
VERDICT FORM
WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND AS FOLLOWS: FOR DEFENDANT, WILLIAM J. COOK, M.D. AND UROLOGIC SPECIALISTS OF OKLAHOMA, INC., AND AGAINST PLAINTIFF, PATRICK BURNHAM. VERDICT FORM SIGNED BY 9 JURORS. JURY POLLED.
JURY RELEASED.
Plaintiff's Experts: Amy Krambock, M.D., urlogist
Defendant's Experts: Dnaiel Lee Watson, M.D., urologist
Comments: