Saturday, September 4, 2010
 

Representative clients in this category include:

The Estate of Laverne Burrell

In 2002, Laverne Burrell died from complications of a punctured colon that was caused by a "colonic" that she had received four months earlier at a health spa.  The procedure, which Ms. Burrell had never had before, used prescription medical devices that could only be possessed by, and used at the direction of, a state-licensed healthcare professional, but none of the employees of the spa were licensed healthcare professionals. In early 2004, the case settled for a confidential amount on terms that were very satisfactory to the clients.


Rigby v. Dr. Keith I. Rapp, et al

We represented the family of a 98-year-old nursing home resident who was sexually assaulted by a fellow resident. The perpetrator was mentally ill and had a recent history of sexually deviant behavior in another nursing home owned by the same company. The jury found that the nursing home and its medical director failed to warn or protect residents, and returned a $65 million verdict, consisting of $5 million in actual damages and $60 million in punitive damages. The trial court and court of appeals later eliminated the punitive damages award.


United States v. Peterson

We defended the lead defendant, a licensed psychologist, in a federal criminal prosecution.  The case involved mail fraud based upon the doctor's diagnosis and treatment of patients with multiple personality disorders in a Houston psychiatric facility.  The government's theory was that the diagnosis was invalid and done solely to collect insurance payments. After five months in trial, the judge declared a mistrial during the government’s case, and the government later dismissed all charges against all defendants.


United States v. Haley

In March 2002, a federal grand jury returned a thirty-three page indictment alleging that nine persons had engaged in approximately seventy counts of misconduct.  All of the allegations arose from the operation of three physical therapy clinics that billed the government for medical services provided by employees of the clinics.  By November 2003, six of the original nine accused persons had pleaded guilty and entered into cooperation agreements with the government.  We represented one of the remaining three defendants in a month-long federal criminal jury trial.  Our client was a respected physician and long-time member of the Houston community. Our client was the only person acquitted of all charges by a jury.


Durden v.Tully, et al

We represented the family of a man killed when a reckless truck driver rearended his vehicle. Although liability was clear, insurance coverage was not, so we simultaneously prepared for trial in one lawsuit and battled the insurance company in another. After obtaining a ruling that the insurance company’s objections to coverage were invalid, the cases settled that afternoon for $1,798,418.36.


Henderson v. Skier’s Choice, Inc., et al

We represented the mother of a young boy killed in a ski boat accident. We brought product liability claims against the manufacturer of the ski boat. The case against the manufacturer was effectively proved when its design expert admitted that the addition of a $40 bow rail to the ski boat would have saved the boy’s life. Soon thereafter, the case against the manufacturer settled for a confidential sum very satisfactory to the client.


Other Representative Clients

Ruggles Restaurant

LifeGift


Copyright © 2010 Rusty Hardin & Associates, P.C.  All rights reserved.
Results obtained are dependent on the facts and circumstances of each case.
1401 McKinney, Suite 2250 * Houston, Texas 77010