Todd A. Scharnhorst

Todd has been recognized by his peers as a preeminent lawyer in the areas of medical malpractice, catastrophic injury, and brain injury. He has been consistently recognized in Best Lawyers in America, Best of the Bar published by the Kansas City Business Journal, Super Lawyers Magazine, and Best Lawyers in Kansas City published by Ingram’s Magazine. For many years, Todd has been recognized as one of the top 50 lawyers in Kansas City, and one of the top 100 lawyers in the states of Missouri and Kansas, by Super Lawyers Magazine.

“Our firm has grown from two lawyers and one employee to what we have today ― a recognized and respected litigation boutique, known for its excellent work, sophistication, industry knowledge, and results.  We handle complex, high-exposure litigation as well as any firm, large or small.”

Results

• Defense verdict in a case involving a female patient with primary thyroid lymphoma. Plaintiff alleged primary thyroid lymphoma is treated with chemotherapy, rather than surgical resection. Defendant admitted this diagnosis is, in fact, generally treated with chemotherapy, though argued other surgical indications existed. Plaintiff challenged the absence of a pre-operative biopsy and the decision to proceed with surgery without a diagnosis. Total thyroidectomy was attempted. Plaintiff alleged complications during surgery which resulted in airway trauma, prolonged endotracheal intubation, a tracheotomy, esophageal injury, and the need for supplemental feedings via a PEG tube.
• Unanimous defense verdict in a case alleging permanent lower extremity nerve paralysis.  Following a total hip replacement, the plaintiff experienced massive blood loss in the hip and thigh and was alleged to have developed compartment syndrome.  Plaintiff alleged the standard of care required immediate return to the operating room for hematoma evacuation and nerve decompression.  The surgeon, in exercising his professional judgment, determined the risks of immediate exploration greatly outweighed the potential benefits. The patient was returned to the OR four days later when it was believed he was better able to withstand a second operative procedure.
• Achieved defense verdict in lawsuit involving allegations of peripheral nerve injury. Plaintiff alleged permanent and severe injury as a result of instruments used during cervical spine surgery.
• On behalf of a regional medical center, achieved voluntary dismissal of an eight-figure claim pursued by a young patient diagnosed with locked-in syndrome. The patient suffered an acute ischemic stroke following two visits to the medical center’s emergency department. After thorough preparation of key fact witnesses and retention of the nation’s leading experts on posterior-circulation stroke, plaintiff agreed to voluntarily dismiss all claims against the defendant facility.
• Achieved unanimous defense verdict in pharmacy malpractice case. Plaintiff alleged the failure to fill a prescription following gastrointestinal surgery resulted in surgical site failure, a near-fatal bleed, and the need for emergent operative invention. The patient later required a Roux-en-Y gastrojejunostomy. Plaintiff’s theory was propounded and supported by her treating surgeon. Defendant pharmacy acknowledged the prescription was not filled, though established this was not a departure from the standard of care and did not result in the surgical site failure.
• Successfully argued cases relating to the professional and medical malpractice statutes of limitation before the Kansas appellate courts. See Bonin v. Vannaman, 261 Kan. 199, 929 P.2d 754 (1996); P.W.P. v. L.S., 969 P.2d 896, 266 Kan. 417 (1998).