Kara J. Rosenthal

Biography

Cases

Featured Wins

• 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

• Won summary judgment in a bellwether case for a cardiologist in Utah after more than 1,000 patients claimed our client's treatments were medically unnecessary.
• 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

Presentations

• CLE presentation, "Evidentiary Foundations – Anticipating and Overcoming Objections," Denver, CO, (October 2019).
• "HIPAA 101," Paralegal presentation, Denver, CO, (April 2019).
• Co-presenter, "Chronic Pain: The Narcotics Problem," "Pain Management: The Quagmire of Drugs, Drugs, and More Drugs," The International Association of Defense Counsel Annual Meeting, Colorado Springs, CO, (July 6, 2015).
• Presenter, "Social Media and Cyber Liability," Colorado Healthcare Associated Risk Managers, Denver, CO, (March 2014).
• "HIPAA: The HITECH Act's Impact: Beyond the Doctor's Office," (November 18, 2013).
• Presenter, "Defending Suicide: Investigating and Defending a High Profile Event," The American Society of Health Risks Managers Annual Conference, Phoenix, Arizona, (October 19, 2011).

Press

• Benchmark Litigation 2021 Includes 23 WTO Lawyers
• 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

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Personal Interests