Bar and Court Admissions
Kara Rosenthal defends clients across the healthcare industry in high-stakes professional liability and product liability litigation and regulatory review matters. She has extensive experience defending wrongful death cases, credentialing and privileging claims—by both patients and healthcare professionals—and defamation actions. Kara also serves as national counsel to medical device and pharmaceutical manufacturers to defend against product liability lawsuits. She is a Certified Professional in Healthcare Risk Management.
Kara defends organizations and individuals in medical malpractice and negligence trials; builds litigation strategy to handle nationwide mass torts defense for medical device and pharmaceutical makers; and defends mental and behavioral health providers and long-term care facilities facing catastrophic claims. She also represents healthcare providers in board and professional review inquiries, in which she frequently obtains dismissals and notifications of no action taken.
In addition to her professional and product liability experience for healthcare clients, Kara represents health facilities in claim and reimbursement disputes with patients and agencies, such as the Centers for Medicaid and Medicare Services. She also assists clients with Joint Commission and state audit responses and investigations, as well as administrative negligence claims.
Kara serves as Wheeler Trigg O'Donnell's HIPAA Privacy Officer. She is well versed in and routinely advises clients on a variety of privacy and privilege issues, including HIPAA and HITECH Act regulations, ADA, state and federal mental and behavioral health regulations, and general privacy law.
- Won an appeal regarding application of the Anti-SLAPP statute to a defamation action brought by a physician against a hospital.
- Won a defense jury verdict for a spinal surgeon in a multimillion-dollar medical malpractice lawsuit in Colorado. The patient experienced a complication during surgery that resulted in partial paralysis. WTO lawyers demonstrated that our client was not at fault. Following the two-week trial, jurors delivered a complete defense verdict.
- Won a defense decision for a Philadelphia psychiatric hospital in a two-day medical malpractice arbitration involving the death of a patient killed in an auto accident hours after being discharged.
- Won a jury defense verdict for an orthopedic spine surgeon in a medical malpractice case with millions of dollars in damage claims at stake, including eight years of accruing pretrial interest.
- Represented a hospital in a four-week trial in California involving special damages in excess of $10 million in claims relating to the care of an adult male with brain damage. The jury returned a verdict of $6 million, but also found the plaintiff 75% contributory negligent. After the setoff from settling the defendant, WTO's client owed only $37,000.
Other Representative Experience
- Defeated class certification allegations at the pleadings stage and obtained voluntary dismissal for a hospital in a negligence credentialing action.
- Co-authored the brief that helped defeat class certification allegations at the pleadings stage against a hospital for purported sterilization issues.
- Obtained summary judgment for a physician's assistant in a medical malpractice lawsuit alleging surgical malpractice resulting in partial paralysis.
- Served as national counsel to a global healthcare company in multidistrict litigation involving over 12,000 claims relating to dialysis products. WTO helped develop national resolution strategy, identified bellwether cases, and negotiated settlement of all claims.
- Serving as national coordinating and trial counsel to a cochlear implant manufacturer for the defense of product liability lawsuits involving a Class III medical device used to treat hearing loss.
- Obtained Rule 12 dismissal of a defamation case against a psychologist who performed a parental responsibilities evaluation in a child custody dispute. The order granting motion to dismiss was upheld on appeal, and WTO won an award of defense costs for our client.
- Obtained Rule 12 dismissal for a social worker in a wrongful death case following an adolescent suicide. Awarded attorneys' fees and defense costs.
- Won summary judgment for a chiropractic practice in a case alleging negligent lumbar spine manipulation resulting in permanent disc injury.
- Secured early dismissals before protracted discovery in numerous cases for psychiatrists, psychologists, surgeons, behavioral healthcare facilities, and telemedicine providers.
Publications & Speaking Engagements
"Evidentiary Foundations – Anticipating and Overcoming Objections," CLE presentation, Denver, CO (October 2019).
"HIPAA 101," Paralegal presentation, Denver, CO (April 2019).
Panelist, "Chronic Pain: The Narcotics Problem," and co-presenter, "Pain Management: The Quagmire of Drugs, Drugs, and More Drugs," presented at the International Association of Defense Counsel Annual Meeting, Colorado Springs, CO (July 6, 2015).
"Social Media and Cyber Liability," presented to Colorado Healthcare Associated Risk Managers, Denver, CO (March 2014).
"HIPAA: The HITECH Act's Impact: Beyond the Doctor's Office" (November 18, 2013).
- "Defending Suicide: Investigating and Defending a High Profile Event," presented at the American Society of Health Risks Managers Annual Conference, Phoenix, Arizona (October 19, 2011).
- WTO Leads Top 100 in Colorado Super Lawyers
- 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
- WTO Lawyers Win Six High-Stakes Medical Malpractice Trials Nationwide in Six Months
- DRI The Voice, July 15, 2015.
- Law Week Colorado, "Wheeler Trigg O'Donnell Names Five Partners," November 22, 2011.
- Wheeler Trigg O'Donnell Names Five New Partners for 2012
Sedgwick, Detert, Moran & Arnold, LLP (nka Sedgwick, LLP)
Certified Professional in Healthcare Risk Management, 2015
Legal Memberships, Activities, and Honors
Colorado Rising Stars
Personal Injury Defense: Medical Malpractice, 2010-2019
Future Star - Colorado, 2015-2018
Consultant, CEB California Civil Discovery, Chapter 7: Interrogatories
(2006 California Board of Regents)
American Health Lawyers Association
American Society of Health Risk Managers
Defense Research Institute
Community Memberships, Activities, and Honors
University of Colorado School of Medicine
Admissions Interview Subcommittee, 2013-2017
Cooking, spending time with daughter creating and learning about art.