From left, Adam James, Deborah Taggart, Denise Greer, Susan Schmid and Robert Fessinger
The firm built its foundation upon protecting the Medical Injury Compensation Reform Act, or MICRA, and incorporating individual arbitration agreements. Now, the firm
is expanding to accommodate hospitals and other health care facilities as a result of the group's malpractice insurance program, CAPAssurance, created in 2013.
In recent years, Schmid said the Affordable Care Act the "ever-changing, very inventive,
very smart plaintiffs bar coming up with many new causes of action."
Health care reform has impacted damages, including life care plans that, if the plaintiff
wins, he or she can be awarded millions for lifelong care.
"If you have an above-the-knee amputation or need a device such as a wheelchair,
the argument in respect [to] the Affordable Care Act is the majority or all of it
will be paid by health insurance," Schmid said. "The life care plans are not accurate.
No citizen in the U.S. will pay those rates. We're very, very aggressive in arguing
and utilizing the damages portion of our cases."
The change in the industry had the firm trying and arbitrating 20 cases this year
alone, when only five percent of medical malpractice cases, Schmid said, go to trial.
"The majority of cases filed against health care providers usually get dismissed,
but I think people are interested in the medical care they're getting today compared
to ten years ago," said Robert B. Fessinger, who established the San Diego office
in 2005.
This year, the small satellite office just hired its third attorney while defending
clients in about 65 cases. Though the office brims with work, he said the positive
atmosphere makes it worthwhile.
"I'm here because I want to be here," Fessinger said. "I work with what I believe
is an excellent collection of attorneys. We all have a vast experience in medical
malpractice defense. I can pick up the phone with anyone at my firm, [whether it's]
someone who just tried a case with a neurological issue or someone who just tried
a case with a bariatric issue, and they're always willing to help."
Despite the rise in cases, the 29-attorney statewide firm with three offices in the
southern part of the state and one up north continually sees victories, with two this
year that blocked a potential $25 million payout for its clients.
One of the unanimous defense verdicts shot down a demand for $12.5 million in lifelong
medical care and loss of earnings for a man whose guardian blamed Central Coast UrgentCare
and a physician there for his vegetative state after he collapsed in the emergency
room from an airway infection. Cabrera v. Central Coast UrgentCare, et al., 1393845 (Santa Barbara County Super. Ct., June 12, 2015)
As a former operating room nurse at Cedars-Sinai Medical Center in Los Angeles, Denise
H. Greer, who works on most of the firm's appeals, said medical malpractice cases
inspired her to take night classes at Southwestern Law School and defend health care
professionals.
"My very first interview with Doug Voiles - I remember it like it was yesterday,"
said Greer, who's celebrating 25 years at the firm this month. "He said, 'You know
when you're working at your firm and the boss comes down the hall, it makes you cringe.
When Sue comes down the hall, we're all happy.' That has never left my awareness because
Sue is a positive support for all of us."
- KIBKABE ARAYA
#261317
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