As a trusted advisor, Greg leverages his extensive litigation counsel for the benefit of clients' overall business objectives. Within Husch Blackwell's Healthcare, Life Sciences & Pharmaceuticals industry team, he works closely with in-house counsels to develop aggressive litigation strategies and, when appropriate, to forge cost-efficient strategies for reducing the risk of future litigation.
Greg represents a variety of healthcare and medical-defense clients, including hospital systems, skilled-nursing facilities and individual providers in a broad range of litigation matters involving contracts, regulatory issues, compliance, managed care, fraud, insurance and professional malpractice. Examples of these cases include:
•Represented one of the largest medical institutions in the country in arbitration against a national insurer and recovered 100 percent of damages sought plus attorneys' fees.
Obtained a complete defense verdict in a product-defect case in which the plaintiff's cornea was perforated with an electric cautery unit during ophthalmic surgery.
Represented a client in federal court in pursuit of claims of fraud and unfair business practices. Obtained judgment of $1.1 million and 100 percent of the claim.
In addition, Greg defends corporate clients that face catastrophic personal injury and wrongful death claims. He also has significant experience in securities, employment, insurance, toxic tort and intellectual property litigation. In business litigation, Greg has represented clients in matters ranging from breach of contract and fraud to trademark and construction claims.
Moreover, Greg has been lead counsel in more than 45 jury trials in state and federal courts, resulting in favorable results for plaintiffs or defendants. He has argued and won before the Missouri Court of Appeals and the Supreme Court of Missouri as appellant and appellee. His trial achievements have been selected as Top Ten Verdicts of the Year by Missouri Lawyers Weekly five times in the past 12 years.
Greg regularly manages complex litigation that involves numerous lawyers and paralegals, ensuring consistency in case strategy and making the best use of resources to obtain the most favorable, cost-effective results for his clients.
Awards and Recognitions
The Missouri Bar's David J. Dixon Appellate Advocacy Award, 1999
•Missouri & Kansas Super Lawyers, Business Litigation, 2009, 2011-2013
•Missouri Lawyer's Weekly, Top Ten Verdicts of the Year (1998, 2004, 2006-2008)
•Martindale-Hubbell AV Preeminent
Forest Park Forever
•St. Louis Volunteer Lawyers and Accountants for the Arts
Healthcare - Managed-Care Contract
•Represented one of the largest medical institutions in the country in arbitration against a national insurer to recover on multiple years of underpayments pursuant to a managed-care contract, with a favorable outcome.
Product Liability - Medical Device
•Represented the defendants in a product-defect case in which the plaintiff's cornea was perforated with an electric cautery unit during ophthalmic surgery. The plaintiff claimed that the cautery device was defective and arced spontaneously. Obtained a complete defense verdict.
Business Litigation - Breach of Contract
•Represented a client in federal court that was pursuing claims of fraud and unfair business practices. Obtained judgment in the amount of - and collected - $1.1 million, plus pre- and post-judgment interest. The case also involved claims against an insurer for contribution.
•Counseled a merger and acquisition company in breach of contract, fraud and other claims involving the sale of an energy consulting company. As a result of arbitration, client received a significant financial judgment in its favor, 100 percent of damages sought plus attorney fees and interest.
Medical Malpractice - Physicians
•Obtained a defense verdict in a wrongful-death action in which a woman underwent an emergency Caesarean section during which she experienced significant blood loss when the surgeon transected her uterine vessels. After the bleeding was controlled, clients - the anesthesia team - managed the resuscitation, replacing the lost blood with transfusions, fluids and medications. Plaintiffs' allegations included failure to insert an arterial line or a central venous pressure line and failure to administer appropriate volumes of blood products. Plaintiffs sought $25 million, primarily for future needs of woman's children. Defendants contended death was due to an amniotic fluid embolism. After two-week trial, jury found in favor of client.
•Defended a physician in a wrongful-death action in Boone County, Mo., resulting in a voluntary dismissal of the physician by the plaintiffs at the close of evidence during the trial. Plaintiff's claimed the physician did not properly monitor the patient post-operatively.
•Secured a favorable decision for an anesthesiologist who provided medical care to the plaintiff, a 72-year-old woman who underwent a nerve block procedure. The plaintiff alleged that as a result of improper technique in performing the procedure, she suffered residual left-sided weakness and was permanently paralyzed. The defense argued that the procedure was necessary and was performed properly and that the plaintiff's current problems were caused by her pre-existing medical conditions.
•Received a defense verdict in which the plaintiff underwent elective surgery. During the surgery, the plaintiff suffered a perforated esophagus, most likely the result of the intubation efforts by our client, the anesthesiology team for the surgery. Although perforation is a known complication, it is extremely rare. The trial went forward against our clients and another doctor, and the jury returned a complete defense verdict. The plaintiff initially appealed the judgment, but then dismissed the appeal.
•Defended two gastric-bypass surgeons in a suit brought by one of their former patients who developed a neurological condition caused by a vitamin deficiency following her obesity surgery. The plaintiff alleged that for 10 weeks following surgery, she suffered from intractable nausea and vomiting and was unable to keep down any food, liquid or medications, including the daily multivitamins that she was directed by the doctors to take every day for the rest of her life. Throughout the trial, plaintiff's assertion that she was unable to keep her oral multivitamins down was refuted. The jury returned a complete defense verdict.
•Represented an anesthesiologist in a matter in which the plaintiff underwent a neurosurgical procedure and suffered a significant brain injury with hemiparesis. The neurosurgeon was sued and settled before trial for his policy limits. The plaintiff also sued our client for the surgery and sought $15 million in damages, primarily for future medical needs. The jury returned a defense verdict, which was confirmed on appeal.
Medical Malpractice - Skilled-Nursing Facilities
•Secured a significant verdict when the plaintiff, the daughter of a former nursing home resident, sued on behalf of the resident who died during a heat wave in St. Louis at a time when the air conditioning system was not activated. Four other residents died at the nursing home during a 48-hour period. The medical examiner concluded that four of the residents died of hyperthermia. The plaintiff's counsel argued that the resident died as a result of exposure to hot temperature, a fall from her wheelchair, and lack of adequate nutrition and hydration. The plaintiff sued the nursing home, its owner, the owner's and nursing home's management companies, and four employees. Directed verdicts were obtained on behalf of the owner, the nursing home management company and the four employees. Plaintiff sought $50 million in damages. After a five week trial, the jury returned a verdict in favor of plaintiff for $275,000, against the nursing home and owner's management company defendants only.
•Obtained a complete defense verdict for a skilled-nursing facility in a wrongful-death action. While being transferred from her bed to a wheelchair, female plaintiff suffered a left knee injury. Two weeks later, she complained of pain in her left lower leg and was sent to the hospital, where she was initially diagnosed with a deep vein thrombosis. She was then diagnosed with a fractured femur in her left leg. Because of the severity of the fracture and her underlying medical conditions, woman's left lower leg was amputated. The resident returned to the skilled-nursing facility. Two weeks later she suffered a stroke and subsequently died. After a two-week trial, the jury found the facility was not responsible.
•Reunited a mother with her 3-year-old son, who had been wrongfully withheld from her for more than a year. The client was a Canadian woman who lived in northern Saskatchewan on a reserve, similar to a Native American reservation in the United States. She had allowed her son's paternal grandparents to take the boy to the grandparents' home in the United States for a visit. However, the grandparents soon refused to return the boy and then cut off all contact. Thereafter, the grandparents filed state court proceedings to be appointed the boy's legal guardian, claiming that the mother had “abandoned” the boy and that the whereabouts of the mother were unknown. The mother's attempts to obtain assistance through local Canadian attorneys were unsuccessful. The grandparents then ignored a request from the Canadian government that the boy be returned. The client was referred through the U.S. State Department. A petition for return of the child was filed under the International Child Abduction provision of The Hague Convention. After expedited discovery and a two-day trial in U.S. District Court, Eastern District of Missouri, the court granted the mother's petition and ordered that the grandparents return the boy. Mother and son were reunited a few days later.
•Greg has several reported decisions, including the following:
- Johnson v. Delmar Gardens West Inc., 335 S.W.3d 83 (Mo.App. E.D. 2011)
- Powderly v. South County Anesthesia Associates Ltd., 245 S.W.3d 267 (Mo.App. E.D. 2008)
- State ex rel. Delmar Gardens North Operating LLC v. Gaertner, 239 S.W.3d 608 (Mo. 2007)
- Heartland Payment Systems LLC v. Utica Mut. Ins. Co., 185 S.W.3d 225 (Mo.App. E.D. 2006)
- City of St. Louis v. Cernicek, 145 S.W.3d 37 (Mo.App. E.D. 2004)
- Information Technologies Inc. v. Cybertel Corp., 66 S.W.3d 126 (Mo.App. E.D. 2001)
- Aliff v. Cody, 26 S.W.3d 309 (Mo.App. W.D. 2000)
- Aliff v. Cody, 987 S.W.2d 439 (Mo.App. W.D. 1999)
- Brandt v. Csaki, 937 S.W.2d 268 (Mo.App. W.D. 1996)
5.01.13 A Physician's Duty to Warn Others, Missouri Medicine Healthcare, Life Sciences & Pharmaceuticals Article
10.01.06 How to Prepare for the Medical Malpractice Trial, Malpractice from A-Z Series, Missouri Medicine
4.01.06 Being Sued? What to Do and What to Expect, Malpractice from A-Z Series, Missouri Medicine
12.01.02 Analyzing Federal Pre-emption of State Product Liability Claims, St. Louis Bar Journal
In The News
10.16.13 In Missouri, 76 Husch Blackwell Attorneys Named 2013 Super Lawyers & Rising Stars
10.15.12 A Combined 84 Husch Blackwell Attorneys are Named 2012 Super Lawyers and Rising Stars in Missouri and Nebraska
10.19.11 Super Lawyers 2011 Names 71 Husch Blackwell Attorneys from Missouri and Nebraska; an Additional 15 Listed as Rising Stars
10.22.09 Missouri & Kansas Super Lawyers 2009 Names 73 Husch Blackwell Sanders Attorneys
2.05.08 Husch & Eppenberger's Medical Malpractice Case Named Among Missouri Lawyers Weekly's Top Defense Verdicts of 2007