Kevin J. Kuhn

Biography

Cases

• Won a defense verdict for a hospital following an eight-day jury trial in Missoula, Montana.
• Won a defense jury verdict in Montana for a medical center and pediatric neurologist facing up to $30 million in damages. The plaintiff claimed that WTO's clients failed to timely diagnose and treat a rare neurological disease that led to blindness. Courtroom View Network named this one of the Top 10 verdicts of 2022.
• Argued remotely and won reversal of a $15 million medical malpractice jury verdict in the Colorado Court of Appeals. The court ruled that the Corporate Practice of Medicine Doctrine precluded the plaintiff's claims against WTO's surgery center client.
• Won a defense verdict after a four-week trial for a physician facing $70 million in damages claims arising from allegations that WTO's client and others failed to timely diagnose and treat bacterial meningitis in a minor. Seven co-defendants settled, leaving WTO's physician client and another physician defendant alone at trial.
• 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 affirmance from the Colorado Court of Appeals in a defense verdict for WTO's labor and delivery nurse client. Plaintiffs had claimed $17 million in this obstetrical malpractice claim.
• Won an appeal argued before the Colorado Supreme Court challenging a trial court's order to submit Quality Management Privileged (QMP) materials relating to an incident at issue in a medical malpractice trial. The appellate decision is significant, as the QMP designation allows hospitals and healthcare providers to assess and innovate following critical incidents without concern that their discussions will be discovered.
• Won a complete defense verdict in federal court in Colorado for an emergency physician in a three-week medical malpractice trial in which the plaintiff alleged misdiagnosis leading to paralysis and asserted damage claims of $12 million.
• Obtained victory before the Colorado Court of Appeals for a bariatric surgeon. WTO lawyers tried and won the original case, which involved alleged complications following gastric bypass surgery. The Court of Appeals rejected the plaintiff's assertions that the lower court erred in precluding certain expert testimony and affirmed the 2011 trial court verdict.
• Won a unanimous defense verdict for a labor and delivery nurse in a $17 million, three-and-a-half-week obstetrical malpractice trial in Colorado state court.
• Defended a trucking company against negligence claims arising from a nine-vehicle accident on a snowy Nebraska interstate highway.
• Won a jury defense verdict for a Colorado bariatric surgeon in Denver District Court.
• Helped secure a landmark victory from the Colorado Supreme Court as amicus counsel for the American College of Obstetricians and Gynecologists in a case involving the reliability of the intrauterine forces theory of labor as applied in shoulder dystocia matters.
• Won a unanimous jury defense verdict for a cardiothoracic surgeon in a two-week medical malpractice trial involving injuries associated with an atrial fibrillation surgery.
• 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.
• Co-managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC and following Chrysler's termination of those dealerships. WTO litigated 187 of these Section 747 arbitrations, and, as directed by Congress, resolved all of the litigation within seven months--with a 96% success rate.
• Won a Colorado Court of Appeals opinion upholding WTO's jury defense verdict in a medical malpractice trial involving shoulder dystocia.
• Won a jury defense verdict in Denver District Court for a prominent Denver heart surgeon.
• Won affirmance from the Colorado Court of Appeals for four doctors in a medical tort case involving wrongful death claims relating to medical treatment provided to the plaintiff's husband before his death.
• Following opening arguments, negotiated favorable settlement of a $50 million medical malpractice lawsuit in Iowa.
• Won a defense verdict in Oregon as co-counsel in a $9 million trial involving negligence claims in a birth trauma case involving shoulder dystocia.

Publications & Speaking Engagements

Presentations

• Presenter, "Dealing with High Exposure Media Sensitive Cases," MPLA Claims and Risk Management/Patient Safety Workshop (September 2024).
• Co-presenter, "Mitigating the Risk of Nuclear Verdicts," COPIC's annual Patient Safety Risk Management Forum, (October 23, 2023).
• Co-presenter, "National Counsel, National Solutions," Medical Professional Liability Association's Claims Defense Forum, (October 2022).
• Presenter, "Discovery Duel - Plaintiff Versus Defendant Debate & Update," The Colorado Defense Lawyers Association CLE, (December 5, 2018).
• Presenter, "Practical Judicial Ethics Dilemmas, the Lawyer's Perspective," The Biennial Judicial Ethics Training for Administrative Law Judges, (December 2, 2016).
• Presenter, "Closing Arguments," The Colorado Defense Lawyers Association Summer Conference, (July 27, 2014).
• Presenter, "The Fundamentals of Expert Witness Examinations," The Colorado Defense Lawyers Association's Trial Academy, (April 23-24, 2014).
• "Winning Trial Tactics of 2013 - Choosing Your Audience: How to Decode, Decipher and Enlighten Complete Strangers During Jury Selection," American College of Trial Lawyers and Colorado Bar Association's, Denver, Colorado, (November 8, 2013).
• "CDLA/CTLA Joint CLE – Discovery Issues: How Both Sides of the Bar Can Be More Cooperative in Discovery," Ralph L. Carr Colorado Judicial Center, Denver, Colorado, (October 24, 2013).
• "The Catholic Lawyers Guild of Colorado Seminar 2013: Ethics and Beyond- Food for the Journey – "(Lead Us Not Into) Temptations: The Rules of Professional Conduct,", Sacred Heart Jesuit Retreat House, Sedalia, Colorado, (October 18, 2013).
• Presenter, "The Trial Lawyer's Perspective on Judicial Conduct and Misconduct," The Judicial Ethics Training for Administrative Law Adjudicators, (January 2013).
• Presenter, "Voir Dire - Mastering Persuasion, Eliciting Information and Educating Jurors," Winning at Trial: Tactics and Skills for 2011, sponsored by the American College of Trial Lawyers, (November 11, 2011).
• Presenter, "Shoulder Dystocia: Defending the Healthcare Provider," Medical Legal Issues in Obstetrics Practice, (November 20, 2009).
• Presenter, "Our Courts," Windcrest Independent Living, (June 19, 2009).
• "Making It Right: Compensation, Safety, and Accountability for Children Born in Colorado with Neurological Impairments," Panelist, Common Good Colorado, (April 22, 2009).
• Presenter, "Voir Dire," Colorado Defense Lawyers Conference, (April 16, 2009).
• Presenter, "Voir Dire," Colorado Defense Lawyers Conference, (August 3, 2007).
• Presenter, "Ethics for Military Judges," Interservice Military Judges' Seminar, (March 2006/March 2007).
• "Deposition Conduct Behavior: What's Acceptable, What's Not, Moderator," Faculty of Federal Advocates, (January 12, 2007).
• Presenter, "Tort Reform Issues," Institute for the Advancement of the American Legal System, (November 6, 2006).
• Presenter, "Ethics in Managing Claims," Colorado Claims Association, (October 20, 2006).
• Presenter, "Civil Law Update," Colorado Judicial Conference, (September 18, 2006).
• Presenter, "Lawyers: Advertising, Consumer Protection Act, and Deposition Behaviors," Louisiana Defense Lawyers Seminar, (February 28, 2006).
• Presenter, "Discovery: A Practical Approach to Current Issues," Colorado Judicial Conference, (September 19, 2005).
• Presenter, "Enforcing and Negotiating Settlements," Colorado Bar Association's Personal Injury Litigation Program, (May 19, 2005).

Articles

• Contributor, "Electronic Records and Metadata: Old and New Liability Risks," Contemporary OB/GYN, (September 2018).

Press

• Law360 Quotes Kevin Kuhn on "Biggest Colorado Decisions of 2024"
• 5280 Names 8 WTO Lawyers to 2024 Top Lawyers List
• Benchmark Litigation 2021 Includes 23 WTO Lawyers
• Six WTO Partners Named 5280 Top Lawyers For 2020
• Law Week Colorado Names Four WTO Partners to 2019 Barrister's Best List
• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• WTO Leads Top 100 in Colorado Super Lawyers
• WTO Leads Barrister's Best People's Choice Awards
• 26 WTO Lawyers ranked in the 24th Edition of The Best Lawyers in America
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• 20 WTO Lawyers ranked in the 23rd Edition of The Best Lawyers in America®
• Kevin Kuhn Elected Fellow of the International Academy of Trial Lawyers
• Wheeler Trigg O'Donnell Wins Five Consecutive Colorado Supreme Court Victories in Two-and-a-Half Years
• DRI The Voice, October 28, 2015.
• WTO Lawyers Win Six High-Stakes Medical Malpractice Trials Nationwide in Six Months
• 20 WTO Lawyers ranked in the 22nd Edition of The Best Lawyers in America®
• DRI The Voice, July 15, 2015.
• Healthcare Risk Management Review, "Treating Patients Who Come to the ER with Behavioral Health Issues Brings its Own Set of Risks. HRMR Investigates," June 22, 2015.
• Law360, "Wyo. Hospital Says EPA Ruling Forces it Into Tribal Court," May 28, 2015.
• DRI And the Defense Wins, October 1, 2014.
• Best Lawyers® 2015 Ranks 20 WTO Attorneys
• Benchmark Litigation 2013 Ranks Seven WTO Partners Among 33 Colorado Litigation Stars
• Law Week Colorado's 2012 Barrister's Best Recognizes Two WTO Lawyers
• Benchmark Litigation Ranks Six WTO Partners Among 30 Colorado Litigation Stars
• Kevin Kuhn Elected President of Faculty of Federal Advocates
• Denver Heart Surgeon Wins in Med Mal Lawsuit
• Kuhn Laterals to WTO

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Teaching Positions

Personal Interests