Stephen E. Oertle

Biography

Cases

• Won a motion to dismiss for a nurse and staffing agency sued under New Mexico's Wrongful Death Act amid emerging abortion law in the U.S. The court dismissed the plaintiff's claim with prejudice, agreeing with WTO's arguments and finding no cause of action existed under New Mexico law.
• Defended multiple Rule 1-030(B)(6) depositions and obtained favorable settlement for a New Mexico hospital client after taking over a case just two months before trial.
• Obtained withdrawal of plaintiff's counsel, after the plaintiff's deposition, in a New Mexico medical malpractice case by uncovering the plaintiff's prior felony convictions for crimes of dishonesty.
• Won dismissal on summary judgment for an agricultural equipment manufacturer in a product liability case claiming that an allegedly defective combine header amputated the plaintiff's fingers during a routine inspection. WTO argued the briefing remotely.
• Won favorable settlement for a foster care placement facility in a case involving allegations that improper placement resulted in the homicide of a foster parent.
• Won favorable settlement for an international fast food company in a premises liability case involving allegations that poor training and supervision of employees and poor security resulted in the aggravated battery of a term pregnant woman, resulting in neurological injuries to her fetus.
• Won favorable settlement for a ceiling fan manufacturer in a case involving a catastrophic residential fire that caused permanent, severe injuries to two occupants. WTO was retained just six-weeks ahead of trial and obtained admissions that one of the plaintiffs was likely intoxicated and smoking.
• Represent the corporate parent of over 50 hospitals, as well as individual hospitals, in cases involving medical negligence, wrongful termination, and unfair trade practices actions, often where extended life care plans or the possibility of punitive damages lead to high-exposure cases.
• Represent multiple automobile manufacturers and suppliers in product liability actions involving catastrophic injury and wrongful death claims.
• Defended a major motorcoach manufacturer in a multiple-fatality rollover crash litigation involving extensive document production.
• Represented a major pharmaceutical company in multiple nationwide product liability cases, including cases involving allegations that various medications caused suicidality, breast cancer, and birth defects.
• Won summary judgment on all claims in a federal civil rights case involving allegations against a rural hospital that a deaf patient had been forcibly restrained and denied a sign language interpreter. After remand to state court, WTO achieved a nuisance value settlement.
• Defended an international fast food company in a premises liability case involving allegations that poor training and supervision of employees and poor security resulted in the aggravated battery of a term pregnant woman, resulting in neurological injuries to her fetus. Despite a demand of $7.5 million a month before trial, WTO settled the case extremely favorably on the morning of jury selection.

Press

• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• WTO Leads Top 100 in Colorado Super Lawyers
• 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
• Law Week Colorado, "Wheeler Trigg O'Donnell Elects Two New Partners," January 13, 2016.
• Wheeler Trigg O'Donnell Elects Two New Partners

Legal Memberships, Activities, and Honors

Personal Interests