Philip L. Willman

MEDICAL & HEALTH CARE LIABILITY / ENVIRONMENTAL

Philip L. Willman devotes his trial practice to defending physicians, medical schools, nurses, hospitals, nursing homes, psychologists and other healthcare providers in medical negligence and health care lawsuits and medical device manufactures in medical device lawsuits. Mr. Willman also provides representation to defendants in environmental litigation.

He obtained his Bachelors Degree, magna cum laude, from Duke University in 1975 and his Juris Doctor degree from Vanderbilt University in 1978. From 1978 to 1979 he was a Research Fellow in Environmental Law at the University of Illinois College of Law. From 1979 to 1984 he served as an Assistant Attorney General in the Environmental Control Division for the Illinois Attorney General, handling numerous trials and administrative proceedings involving civil and criminal environmental prosecution to conclusion.

Since joining the firm in 1984 Mr. Willman has specialized in professional liability defense and risk management for health care providers. He has handled the defense of medical schools, physicians, hospitals, nursing homes, nurses, psychologists, other healthcare providers and medical device manufacturers. He has tried more than 90 cases to a conclusion as lead counsel in jury trials in state and federal court, in both Missouri and Illinois. He has also provided representation in environmental lawsuits.

He has written and lectured on various topics related to risk management and medical professional liability. He has provided lectures for Washington University, Saint Louis University, St. Luke's Hospital, The Medical Protective, Medical Assurance, ProAssurance, PIC-Wisconsin and Ophthalmic Mutual Insurance Company.

Mr. Willman has been active in professional organizations dedicated to the support and improvement of the civil justice system. He has been a Director for the Missouri Organization of Defense Lawyers and Missouri State Representative for DRI. He has also been active in the education of the defense bar and its clients. He has been Program Co-Chair for the DRI Complex Medicine Seminar and Program Chair for the DRI Medical Liability Seminar. Currently he serves as Chair of the DRI Medical Liability & Health Care Law Committee.

REPRESENTATIVE CLIENTS

Washington University
CNA
PLICA
ProAssurance
Lutheran Senior Services
The Medical Protective
Medical Assurance
Ophthalmic Mutual Insurance Company
The Doctors Company
Intermed

SIGNIFICANT ACCOMPLISHMENTS

Chair, DRI Medical Liability & Health Care Law Committee (2009 present)

Philip L. Willman Appointed Chair of Medical Liability & Health Care Law Committee for DRI

Vice Chair, DRI Medical Liability & Health Care Law Committee, (2007 - 2009)

Program Chair, DRI Medical Liability & Health Care Law Seminar, San Francisco, California (March 2008)

Program Vice-Chair, DRI Medical Liability & Health Care Law Seminar, Atlanta, Georgia (March 2007)

Program Co-Chair, DRI Complex Medicine Seminar, Santa Monica, California (November 2005)

Editor, The MedLaw Update Newsletter, DRI Medical Liability and Health Care Liability Committee (2002-2005)

Missouri State Representative, DRI (2006-2009)

Director, Board of Directors, Missouri Organization of Defense Lawyers (2003-2009)

Lecturer, various risk management topics for ophthalmologists, Ophthalmic Mutual Insurance Company (2001-present)

Lecturer, various risk management topics for physicians, Medical Assurance and ProAssurance (2002-present)

Presenter, "How to Prevent and Defend Against Employee Whistleblower Medicare Fraud Claims," MSMA (2010)

Presentation on Medical Liability, Saint Louis University School of Medicine Capstone Course (2010)

Lecturer, "Winning Causation Strategies," PIC-Wisconsin Defense Panel Counsel Meeting (2009)

Lecturer, Saint Louis University School of Medicine Pediatric Residency Program (2000-2009)

Lecturer, various risk management topics for physicians, The Medical Protective (2000-2003)

Presenter, various medical liability topics, Washington University-BJC Defense Counsel Seminar (1996, 2002, 2006, 2009)

Presenter, "Causation Issues in Cancer Cases," DRI Medical Liability Seminar, San Francisco, CA (March 2008)

Lecturer, "Risk Management Issues for Providers In Managed Care," St. Louis Association of Healthcare Risk Managers Seminar (1998)

Lecturer, "Discovery Tips and Techniques from the Defendant's Perspective," Medical Malpractice Seminar, University of Missouri - Kansas City (1994)

AWARDS AND HONORS

Named among "The Best Lawyers in America" for 2008, 2009, 2010 and 2011 (Copyright 2008-2010 by Woodward/White, Inc., of Aiken, S.C.) in Medical Malpractice Law.

Acknowledgement of being responsible for two of Missouri's "Top Defense Verdicts of 2008" in the Missouri Lawyers Weekly, January 26, 2009 edition.

REPRESENTATIVE CASES

Noldon v. Saint Louis University, St. Louis City Circuit Court, Missouri (2009) Plaintiff claimed a University obstetrician failed to timely deliver a baby by C-section, resulting in cerebral palsy. Plaintiff claimed more than 17 million dollars in damages. The jury returned a defense verdict. The case showed how effective use of ACOG criteria can support a causation defense.

Parish v. Bond, St. Louis City Circuit Court, Missouri (2008) A patient suffering from high blood pressure asserted her physician failed to manage her hypertension, resulting in a stroke and brain injury. The defense verdict was the result of using evidence of patient non-compliance as a shield against negligence claims.

Hoff v. St. John's Mercy Medical Center, St. Louis County Circuit Court, Missouri (2007) - A trauma patient, with a thoracic spine fracture and a seizure disorder, alleged a spine surgeon delayed surgery, resulting in his experiencing seizures and paralysis. The jury verdict for the spine surgeon was based on a medical causation defense.

Schrum, et al., v. Boardwine, St. Louis County Circuit Court, Missouri (2005) One of five medical professional liability cases tried against a surgeon performing spinal surgery using the BAK implantation device. Four of the cases resulted in a verdict for the surgeon, despite adverse testimony from local treating surgeons.

Hertel v. Berkowitz, Madison County, Illinois (2003) - Plaintiff claimed she developed avascular necrosis, necessitating a hip replacement, as a result of the physician's improper use of Kenalog steroidal injections. After two days of deliberation the court declared a mistrial, with the jury 10-2 in favor of the physician. The case was subsequently dismissed.

Lee v. McKee, St. Louis City Circuit Court, Missouri (2002) - In this wrongful death case, plaintiffs claimed a dermatologist failed to make the diagnosis of melanoma in a patient, a young mother of two children. The plaintiffs' demand was one million dollars. The jury verdict was for the defendant. Plaintiffs rejected a settlement offer of $500,000.

Virgin v. Hopewell Center, Missouri Court of Appeals, Eastern District (2002) - Decision determined healthcare providers do not owe a duty to warn the general public of the mental health status of a patient and the potential danger the patient presents to the public.

Reelitz v. Washington University, St. Louis City Circuit Court, Missouri (2001) - Plaintiff claimed physicians at the University transplanted a liver in a patient that resulted in her contracting hepatitis and causing death. The jury verdict, for the University, recognized how medical knowledge changes over time.

Asaro v. Cardinal Glennon, Missouri Supreme Court (2001) Missouri Supreme Court decision established limitations on emotional injury claims of parents for injuries to children.

Arrington v. Rose, Butler County Circuit Court, Missouri (1998) The family of a patient brought a wrongful death claim, asserting an anesthesiologist should have referred the patient to a vascular surgeon following cancer surgery, resulting in the patient losing both legs and then dying. The defense verdict was based on the defense of a recognized complication.

Douglas v. Saint Louis University, United States District Court, Eastern District of Missouri (1993) A son brought suit for the death of his mother who was treated for a stroke and subsequently died from a pulmonary embolism. The jury brought a unanimous verdict for the health care providers

COMMUNITY INVOLVEMENT

Past Chairman and Commissioner, City of St. Louis Heritage and Urban Design Commission

Past President, Soulard Restoration Group

Past Finance Commissioner, Sts. Peter and Paul Catholic Church

Past Director, Missouri Neurofibromatosis Foundation

Founder, Past President, Current Director, Peter and Paul Housing Corporation, a non-profit organization dedicated to the rehabilitation of buildings in the Soulard Historic District for reuse as housing for low income families.

Current President, Saint Louis Priory Alumni Association.

Current Commissioner, Westminster/Lake Special Business District.