Articles Posted in Firm News

Richard E. Vollertsen, of the Alaska Injury Law Group, has announced the settlement of a medical malpractice claim against the Alaska Native Medical Center (“ANMC”) on behalf of his client, Mardi Strong.  Ms. Strong, a member of the Yakama Indian Tribe, sought care at the ANMC Emergency Room and the health system’s Family Medicine Clinic on three occasions while suffering from cellulitis and sepsis.  Her condition, however, was misdiagnosed as shingles.  As a result, she suffered dry gangrene in all four limbs, which had to be amputated.

Ms. Strong’s claim was asserted under the Federal Tort Claims Act (“FTCA”), and was defended by the Department of Justice (“DOJ”) in a trial in March, 2018 before Judge Timothy M. Burgess of the United States District Court in Anchorage.  The parties reached a settlement while awaiting the Court’s decision.  

Mr. Vollertsen explained that, “This litigation brought to light a number of patent inadequacies in the ANMC health care delivery system.”  He listed the following concerns that were brought out in the case: inadequate peer review and quality assurance procedures; the hospital’s failure to adopt the international consensus guidelines in the Surviving Sepsis Campaign adopted by the nation’s hospitals many years prior; placing false and inaccurate records in a patient’s chart; inadequate continuity of care for patients; and the failure to train personnel to recognize the critical presenting signs and symptoms of sepsis.

Richard E. Vollertsen of the Alaska Personal Injury Law Group has been selected by Best Lawyers of America as “Lawyer of the Year” for 2017 in plaintiff’s personal injury law in Anchorage. This is the third time Best Lawyers of American has selected Mr. Vollertsen for this honor.

Mr. Vollertsen was also selected for inclusion in the “Best Lawyers In America” 2016 publication. He is now in a distinguished group of attorneys listed in the publication for over 15 years. Selection to the “Best Lawyers In America” listing is based on exhaustive and rigorous peer-review evaluations by the top attorneys in the country.

Mr. Vollertsen, Neil O’Donnell, and Michael Moody of the Alaska Personal Injury Law Group have been selected for inclusion in the “Best Lawyers In America” 2016 publication. They have all also received the highest “A-V” ranking in Martindale-Hubbell, the oldest and best known lawyer ranking service. The Alaska Personal Injury Law Group focuses its efforts on serious personal injury and wrongful death cases.

Mr. Vollertsen was selected as an Alaska Super Lawyer for 2016, and has been selected for this honor every year since 2007. Mr. Vollertsen has been a member of the Atkinson, Conway & Gagnon law firm since 1982. His practice includes complex litigation matters primarily involving products liability, wrongful death, and personal injury. He served as Law Clerk to Chief Justice Edmund Burke of the Alaska Supreme Court. Mr. Vollertsen was also Editor-in-Chief of University of San Francisco Law Review, 1980-81, and contributing editor to Alaska Court Review, 1983-2000.

Alaska Personal Injury Law Group members Richard Vollertsen, Neil O’Donnell and Mike Moody have all been selected for inclusion in both Alaska Super Lawyers and Best Lawyers in America. They have all also received the highest “A-V” ranking in Martindale-Hubbell, the oldest and best known lawyer ranking service. The Alaska Personal Injury Law Group focuses its efforts on serious personal injury and wrongful death cases.

The Super Lawyer rigorous merit-based selection process began early in the year, with invitations to participate in the nominations process going out to over 1,400 attorneys in Alaska. In addition, their research department conducted independent candidate searches through professional databases, legal trade journals, and meetings with law firms. The candidates were then evaluated by the research department. This evaluation process included examination of candidates’ background and experience, followed by a peer evaluation from other Alaskan attorneys in the practice area. The final candidates selected were those with the highest point totals from each category, and included only five (5) percent of all attorneys in Alaska.

Richard E. Vollertsen of the Alaska Personal Injury Law Group, announced that a settlement was reached in an FTCA claim asserted against the Norton Sound Regional Hospital. The claim arose out of the hospital’s failure to diagnose and treat pneumococcal meningitis in a child. The child suffered irreversible brain damage, spastic quadriparesis, profound cognitive and developmental deficits, a seizure disorder, and incontinence. Lifelong care will be provided for the child through a Special Needs Trust. Stipulated facts filed in federal court regarding the hospital’s medical errors can be found in A.N. v. United States, 2:09-cv-00009-TMB.

The $1.5B settlement reached in the Stryker Rejuvenate/ABGII Hip Implant litigation in November, 2014, has been finalized as 95% of the MDL litigants have agreed to participate in the settlement. Litigants are receiving a base payment with enhanced awards when complications arose during their medical care, such as muscle destruction, osteotomy, or subsequent revision.

Richard E. Vollertsen, of the Alaska Personal Injury Law Group, served as local counsel in Alaska for the New York law firm, Weitz Luxemberg. Ellen Relkin, of Weitz Luxemberg was lead counsel in the litigation.

Those patients who have had their Stryker hip implants removed after November 2014, may be able to join the litigation, and should contact the Alaska Personal Injury Law Group for a case evaluation.

Richard E. Vollertsen of the Alaska Personal Injury Law Group, announced that a settlement was reached in an FTCA claim asserted against the Norton Sound Regional Hospital. The claim arose out of the hospital’s failure to diagnose and treat meningitis and seizure in a two-month-old child. The child suffered irreversible brain damage, spastic quadriparesis, profound cognitive and developmental deficits, cortical blindness, and incontinence. Lifelong care will be provided for the child through a Special Needs Trust. Stipulated facts filed in federal court regarding the hospital’s medical errors can be found at A.A. v. United States, Case Number 3:09-cv-00251-TMB.

Mr. O’Donnell recently received the honor of being one of the few Alaska attorneys to be inducted as a Fellow in the American College of Trial Lawyers.

“The American College of Trial Lawyers, founded in 1950, recognizes the very best trial lawyers from the United States and Canada. The College’s Fellows are chosen strictly by invitation and only after a rigorous and lengthy investigation. The candidate must be identified as a highly skilled trial lawyer in the opinion of judges and practitioners, and as a person whose ethics, moral standards and collegiality are above reproach. Fellowship is limited to one percent of the lawyers in any individual State or Province, and the candidate must have practiced for at least 15 years.” http://www.actl.com

“The names included on the roster of the College are indicative of the College’s make-up. Every current Justice of the United States and Canadian Supreme Courts save one is an honorary member, having accepted Fellowship at a national meeting of the College. That one is Justice Suzanne Côté, a Judicial Fellow from Montreal, Canada, who was inducted as a Fellow prior to leaving private practice for the Court. Past Presidents of the College include such outstanding lawyers as former Supreme Court Justice Lewis Powell and former United States Attorney General Griffin Bell.” http://www.actl.com

Mr. Vollertsen was selected as an Alaska Super Lawyer for 2015, and has been selected for this honor every year since 2007. Mr. Vollertsen has been a member of the Atkinson, Conway & Gagnon law firm since 1982. His practice includes complex litigation matters primarily involving products liability, wrongful death, and personal injury. He served as Law Clerk to Chief Justice Edmund Burke of the Alaska Supreme Court. Mr. Vollertsen was also Editor-in-Chief of University of San Francisco Law Review, 1980-81, and contributing editor to Alaska Court Review, 1983-2000.

Alaska Personal Injury Law Group members Richard Vollertsen, Neil O’Donnell and Mike Moody have all been selected for inclusion in both Alaska Super Lawyers and Best Lawyers in America. They have all also received the highest “A-V” ranking in Martindale-Hubbell, the oldest and best known lawyer ranking service. The Alaska Personal Injury Law Group focuses its efforts on serious personal injury and wrongful death cases.

The Super Lawyer rigorous merit-based selection process began early in the year, with invitations to participate in the nominations process going out to over 1,400 attorneys in Alaska. In addition, their research department conducted independent candidate searches through professional databases, legal trade journals, and meetings with law firms. The candidates were then evaluated by the research department. This evaluation process included examination of candidates’ background and experience, followed by a peer evaluation from other Alaskan attorneys in the practice area. The final candidates selected were those with the highest point totals from each category, and included only five (5) percent of all attorneys in Alaska.

Benchmark Litigation has selected Richard E. Vollertsen as a 2015 Litigation Star in Alaska. His law firm, Atkinson, Conway & Gagnon, was also selected by Benchmark as a recommended law firm in general and plaintiff’s personal injury litigation practice.