Medical & Health Care Liability

Philip L. Willman, a principal with Moser & Marsalek, P.C. since 1988, devotes his trial practice to defending physicians, 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 law 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 defended corporations and professional firms in environmental suits.

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 and the Ophthalmic Mutual Insurance Company.

Mr. Willman has been active in professional organizations dedicated to defending civil suits.  He is a Director on the Board for the Missouri Organization of Defense Lawyers.  He was Co-Chair of the Defense Research Institute’s Complex Medicine Seminar in 2005. He is the Program Chair for the Defense Research Institute Medical Liability & Health Care Law Seminar in 2008. He is Vice Chair of the Defense Research Institute Medical Liability & Health Care Law Committee.

He was named among "The Best Lawyers in America" for 2008 (Copyright 2007 by Woodward/White, Inc., of Aiken, S.C.). Best Lawyers selection is based on an exhaustive and rigorous peer-review survey comprising more than 2 million confidential evaluations by the top attorneys in the country.

Mr. Willman has also been active in service to the community.  He was Chairman and Commissioner for the City of St. Louis Heritage and Urban Design Commission; President of the Soulard Restoration Group; Finance Commissioner for Sts. Peter and Paul Catholic Church; and a Director for the Missouri Neurofibromatosis Foundation.  He was the founder and President of 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. Currently he is on the Board of Directors for the St. Louis Priory Alumni Association.

Martindale-Hubbell Rating Info

Education

Duke University, B.A., magna cum laude, 1975
Vanderbilt University, J.D., 1978
Research Fellow in Environmental Law, University of Illinois College of Law, 1978-1979

Bar and Court Admissions

Missouri, 1978
Illinois, 1979
U.S. District Court, Northern District of Illinois, 1980
U.S. District Court, Eastern District of Missouri, 1984
U.S. District Court, Southern District of Illinois, 1989

Selected Cases

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 death. The jury verdict was for the University.

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 plaintiff's demand was one million dollars. The jury verdict was for the defendant.

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

Schrum, et al., v. Boardwine, St. Louis City Circuit Court, Missouri, 2005 - Five medical professional liability cases were tried against a surgeon performing spinal surgery using the BAK implantation device. Four of the cases resulted in a verdict for the surgeon, the fifth was for plaintiff.

Staten v. Saint Louis University, St. Louis City Circuit Court, Missouri, 2005 - Plaintiff, a trauma patient following a car accident, claimed paralysis resulting from the use of an epidural catheter for pain management. The jury returned a verdict for the University.

Hoff v. St. John's Mercy Medical Center, et al., St. Louis County Circuit Court, Missouri, 2007 - Plaintiff, 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 returned a verdict for the spine surgeon.

Reported Cases

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

Virgin v. Hopewell Center, Missouri Court of Appeals held that 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 presented to the public.

Publications

"Medical Trusts - New Approaches to Structured Settlements," 
Medical Defense Associates Attorney Seminar (October 7, 1995)

"Managed Care, Confidentiality and Medical Records,"
Health Care and the Law Seminar, University of Missouri - Kansas City (March 12, 1999)

"Patient Confidentiality and Medical Records: An Overview of the Law in Missouri and Illinois,"
Confidentiality of Medical Records Seminar, Lorman Business Institute (May 11, 2000)

"Partners in Health Care" 
St. Louis Business Journal, Vol. 27 No. 49 pg. 27 (August 3-9, 2007) by Andrea Mongler Section editor

Professional Associations

The Bar Association of Metropolitan St. Louis
Illinois State  Bar Association
American Bar Association
The Missouri Bar
Missouri Organization of Defense Lawyers
Defense Research Institute
Missouri Society of Hospital Attorneys
American Health Lawyers Association

Awards

Best Lawyers in America-2008

Professional & Community Activities

Lecturer, "Discovery Tips and Techniques from the Defendant's Perspective," 
Medical Malpractice Seminar, University of Missouri - Kansas City  (October 14, 1994)

Lecturer, "Positioning Injury Cases - Winning Strategies,"
Washington University Defense Counsel Seminar (November 21, 1996)

Lecturer, "Risk Management Issues for Providers Under Managed Care,"
St. Louis Association of Healthcare Risk Managers Seminar (October 14, 1998)

Lecturer, “Managed Care Liability,” Washington University Defense Counsel Seminar (2002)

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

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

Lecturer, various topics on risk management, Ophthalmic Mutual Insurance Company (2001-2003)

Lecturer, “Top Ten Most Frequently Asked Questions by New Physicians,” Saint Louis University School of Medicine Pediatric Residency Program (2000-present)

Editor, The MedLaw Update Newsletter of the Defense Research Institute Medical Liability and Health Care Liability Committee (2002-2006)

Co-Chair, Defense Research Institute Complex Medicine Seminar, Santa Monica, California (November 2005)

Co-Chair, Defense Research Institute Medical Liability & Health Care Law Seminar, Atlanta, Georgia (March 2007)

Chair, Defense Research Institute Medical Liability & Health Care Law Seminar, San Francisco, California (March 2008) Philip L. Willman Appointed Vice Chair of Medical Liability & Health Care Law Committee for DRI

Vice Chair, Defense Research Institute Medical Liability & Health Care Law Committee, San Francisco, California (2007 - present)

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

Vice President, St. Louis Priory Alumni Association (2008-present)