Kluge v. Surgery Center of Tempe

Summary

In this medical malpractice litigation proceeding, plaintiffs Brian Kluge and Tricia Ann Kluge alleged Physicians Surgery Centre of Tempe LLC and its staff of being negligent during the laparoscopic surgery performed on Tricia Ann Kluge due to which the plaintiff could have suffered lethal complications.

The plaintiffs were represented by attorney Brock Heathcotte. The defendant in this case, Physicians Surgery Centre of Tempe LLC was represented by the attorney Barry McBan and David Toone.

Outcome

Verdict for the defense

Case Information

Attorneys

Witnesses

Plaintiff: Kluge, Brian
Defense: Physicians Surgery Center of Tempe LLC

Judge: Alfred Fenzel
Jurisdiction: Superior Court of Arizona in Maricopa County
Court: Northeast Regional Center

Case Number: CV2009-051865
Industry: Health care
Practice Area: Malpractice

Plaintiff

Kluge, Brian

Represented By:
Heathcotte, Brock (Derickson Law Offices)

Defense

Physicians Surgery Center of Tempe LLC

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

PM Session

Openings

13 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:01	General Case Activities
00:22:27	General Case Activities
00:24:31	Opening Statement	Heathcotte, Brock
01:00:06	General Case Activities
01:00:23	Break
01:10:02	General Case Activities
01:10:24	Opening Statement	MacBan, Barry
02:08:27	General Case Activities
02:09:34	Witness Direct Examination	Heathcotte, Brock	Desser, Dr. Kenneth M.D.	In Person
02:29:39	Witness Cross Examination	Toone, David	Desser, Dr. Kenneth M.D.	In Person
03:17:53	General Case Activities
03:18:25	End of Session

AUG

AM Session

Plaintiff Witness(es)

6 Chapters

PM Session

Plaintiff Witness(es)

17 Chapters

AUG

AM Session

Plaintiff Witness(es)

7 Chapters

PM Session

Plaintiff Witness(es)

12 Chapters

SEP

AM Session

Plaintiff Witness(es)

7 Chapters

SEP

AM Session

Plaintiff Witness(es)

14 Chapters

PM Session

Defense Witness(es)

12 Chapters

SEP

AM Session

Defense Witness(es)

10 Chapters

PM Session

Closings

11 Chapters

SEP

AM Session

Verdict

9 Chapters

SEP

Recording Disclaimer: This proceeding was recorded in full.

Kluge v. Surgery Center of Tempe

Summary

Outcome

Sessions

Suggest a Trial

CVN Essentials

Video Library

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:35	Witness Direct Examination	Heathcotte, Brock	Kluge, Brian	In Person
01:08:40	Break
01:24:51	Witness Direct Examination	Heathcotte, Brock	Kluge, Brian	In Person
01:31:11	Witness Cross Examination	MacBan, Barry	Kluge, Brian	In Person
02:23:26	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:33	Witness Cross Examination	MacBan, Barry	Kluge, Brian	In Person
00:15:13	Witness Re-Direct Examination	Heathcotte, Brock	Kluge, Brian	In Person
00:23:42	General Case Activities
00:24:58	General Case Activities		Kluge, Brian	In Person
00:33:22	General Case Activities
00:34:09	Witness Direct Examination	Heathcotte, Brock	Kluge, Patti	In Person
00:41:28	General Case Activities
00:42:04	Witness Direct Examination	Heathcotte, Brock	DeHerrera, Lauren	In Person
00:57:46	General Case Activities
00:58:19	Break
01:13:38	General Case Activities
01:14:04	Witness Direct Examination	Heathcotte, Brock	Sinkhorn, Dr. C. Paul M.D.	Video Recording
02:11:00	General Case Activities
02:14:53	Witness Direct Examination	Heathcotte, Brock	Sinkhorn, Dr. C. Paul M.D.	Video Recording
02:56:47	General Case Activities
02:57:19	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:48	Witness Direct Examination	Heathcotte, Brock	Sinkhorn, Dr. C. Paul M.D.	Video Recording
01:14:52	Break
01:27:03	Witness Direct Examination	Heathcotte, Brock	Sinkhorn, Dr. C. Paul M.D.	Video Recording
01:46:35	General Case Activities
01:47:12	Witness Direct Examination	Heathcotte, Brock	Auwaerter, Dr. Paul M.D.	Video Recording
02:32:58	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:08	Witness Direct Examination	Heathcotte, Brock	Auwaerter, Dr. Paul M.D.	Video Recording
00:09:19	General Case Activities
00:10:17	Witness Direct Examination	Heathcotte, Brock	Russomanno, Julia	In Person
01:02:01	Witness Cross Examination	Toone, David	Russomanno, Julia	In Person
01:29:09	Break
01:47:03	Witness Cross Examination	Toone, David	Russomanno, Julia	In Person
02:05:25	Witness Re-Direct Examination	Heathcotte, Brock	Russomanno, Julia	In Person
02:15:18	General Case Activities
02:16:08	Witness Direct Examination	Heathcotte, Brock	Kluge, Patricia	In Person
02:39:36	General Case Activities
02:40:14	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:34	Witness Direct Examination	Heathcotte, Brock	Kluge, Patricia	In Person
01:04:36	Witness Cross Examination	MacBan, Barry	Kluge, Patricia	In Person
01:26:57	Break
01:48:01	Witness Cross Examination	MacBan, Barry	Kluge, Patricia	In Person
02:29:07	General Case Activities
02:29:37	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:45	Witness Re-Direct Examination	Heathcotte, Brock	Kluge, Patricia	In Person
00:02:53	General Case Activities
00:05:58	General Case Activities		Kluge, Patricia	In Person
00:11:10	General Case Activities	MacBan, Barry	Kluge, Patricia	In Person
00:12:41	General Case Activities
00:12:49	General Case Activities
00:13:25	Witness Direct Examination	Toone, David	Brooks, Dr. Philip MD	In Person
01:15:03	Break
01:31:38	Witness Direct Examination	Toone, David	Brooks, Dr. Philip MD	In Person
01:52:43	Witness Cross Examination	Heathcotte, Brock	Brooks, Dr. Philip MD	In Person
02:52:26	Witness Re-Direct Examination	Toone, David	Brooks, Dr. Philip MD	In Person
02:55:25	General Case Activities
02:57:32	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:36	Witness Direct Examination	Toone, David	Ehrlich, Dr. Ira M.D.	Other
01:00:17	Witness Cross Examination	Heathcotte, Brock	Ehrlich, Dr. Ira M.D.	In Person
01:12:56	General Case Activities
01:13:04	Break
01:30:36	Witness Direct Examination	MacBan, Barry	Roosa, Lynn	In Person
01:41:42	Witness Cross Examination	Heathcotte, Brock	Roosa, Lynn	In Person
01:48:22	Witness Re-Direct Examination	MacBan, Barry	Roosa, Lynn	In Person
01:48:56	General Case Activities
01:49:21	Witness Direct Examination	MacBan, Barry	Mulheron, Marilynn	Video Recording
02:17:56	General Case Activities
02:20:17	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:19	Witness Direct Examination	MacBan, Barry	Cashman, Dr. Carrie MD	Transcript Reading
00:15:37	General Case Activities
00:17:03	Witness Direct Examination	MacBan, Barry	Lin, Dr. Yuan MD	Transcript Reading
00:25:44	Witness Cross Examination	Heathcotte, Brock	Lin, Dr. Yuan MD	Transcript Reading
00:40:09	General Case Activities
00:40:55	Witness Direct Examination	MacBan, Barry	Linnerson, Dr. Steve MD	In Person
01:12:02	Break
01:29:17	Witness Direct Examination	MacBan, Barry	Linnerson, Dr. Steve MD	In Person
02:14:15	End of Session

			Description	Attorney	Witness	Presence
		00:00:00	General Case Activities
		00:00:51	General Case Activities
		00:09:43	General Case Activities
		00:10:51	Break
		00:11:15	General Case Activities
		00:11:51	Reading of the Verdict
		00:12:17	General Case Activities
		00:12:45	General Case Activities
		00:13:22	End of Session