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Kara J. Rosenthal

Partner

P. 303.244.1809 | F. 303.244.1879

Biography

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.

Cases

Featured Wins

Other Representative Experience

  • Defeated class certification allegations at the pleadings stage and obtained voluntary dismissal for a hospital in a negligent 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

Other Experience

Sedgwick, Detert, Moran & Arnold, LLP (nka Sedgwick, LLP)
Certified Professional in Healthcare Risk Management, 2015

Legal Memberships, Activities, and Honors

The Best Lawyers in America
    Medical Malpractice Law - Defendants, 2021
    Personal Injury Litigation - Defendants, 2021
Colorado Rising Stars
    Personal Injury Defense: Medical Malpractice, 2010-2019
Benchmark Litigation
    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

Personal Interests

Cooking, spending time with daughter creating and learning about art.