Elton Rushing

EH v. UC Regents - Gender Affirming Care to Minor: Plaintiff, father of the youth, sued alleging the child was provided with a hormonal implant without his consent. Through two motions to dismiss in federal court, all of plaintiff's claims were eliminated. The appeal is pending. Lead attorney handling all aspects of case and coordinating strategy with co-defendants -2024.

QB v. SBH - Birth Injury with Brain Injuries Case: Patient, a twin, alleged significant birth injuries due to a prolapsed umbilical cord. Strategic low value settlement was achieved at mediation. Co-defendant proceeded to trial with large 8-figure verdict. Lead attorney handling all aspects of case and coordinating strategy with co-defendants through resolution -2024.

JD v. MESR - Alleged Sexual Assault at Massage Therapy Franchise: Patient alleged she was assaulted at a massage clinic. Discovery revealed no therapist matched the description of the alleged assailant and the case was dismissed for a nominal amount - Lead attorney handling all aspects of case through resolution - 2024.

MP v. SH - Alleged Failure to Diagnose Bladder Cancer: Plaintiff alleged defendants failed to properly diagnose a kidney cyst as renal cell carcinoma. With a motion for summary judgment pending, plaintiffs agreed to dismiss SH for a waiver of costs at mediation. Lead attorney handling all aspects of case through dismissal - 2023.

XC v. The Regents - Alleged Breach of Contract and Conversion of IVF Embryos: Plaintiff alleged The Regents wrongfully retained her embryos and refused to transfer them to another facility. Plaintiff's case was dismissed on demurrer. Following a successful appeal, plaintiff's case was again dismissed following a motion for terminating sanctions. Lead attorney handling all aspects of case through dismissal - 2023.
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MM v. The Regents – Premises Liability/Design Defect: Patient alleged she slipped and fell while a patient on the maternity ward due to a defective design. Complex motion for summary judgment granted based on governmental immunities – 2021

PL v. The Regents – Alleged Delay in Transfer of Stroke Patient: Patient was taken to a local hospital for signs of a stroke. The case was filed in federal court including allegations of violation of EMTALA, medical malpractice, NIED, dependent adult abuse, wrongful death and intentional misconduct. Contested motion to dismiss was granted in its entirety, ending the case. Lead attorney handling all aspects of case through dismissal – 2021.

KRB v. SHC – Wrongful Life/Wrongful Birth Case: Plaintiffs alleged negligent genetic counseling failed to identify that plaintiff child’s parents were both sickle cell anemia carriers. Plaintiff child was born with sickle cell anemia. Discovery revealed plaintiff mother’s knowledge of her status as a carrier of sickle cell anemia. Thereafter, the case resolved for nuisance value. Lead attorney handling all aspects of case through resolution – 2020.

AS v. SH - Wrongful Life/Wrongful Birth Case: Plaintiff alleged defendant lab failed to identify the genetic marker for cystic fibrosis during prenatal testing, resulting in the birth of a child with severe cystic fibrosis. Plaintiff required very costly medication for life, had significant care needs and a relatively long life expectancy given advances in treatment for cystic fibrosis. Initial demand for $50 million. Experts were disclosed, key depositions taken and case was resolved for an amount in the low seven figures, a significant victory for the defense. Lead attorney handling all aspects of case through resolution – 2020.

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CM v. SH - Wrongful Death – Failure to Diagnose Malaria: Plaintiff alleged defendant hospital and physician failed to diagnose malaria, leading to his discharge from the emergency department and death. Plaintiff sought and obtained a significant settlement from the treating emergency physician and proceeded with the case against the hospital. Days before trial, the case settled for nuisance value. Lead attorney handling all aspects of case through resolution – 2019.

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GS v. SH - Severely Brain-Injured Child: Plaintiff mom and plaintiff child alleged medical negligence related to care and treatment plaintiff child received in the NICU. Plaintiff child had a PICC line placed for nutrition and medication administration. The PICC line migrated and caused a pericardial effusion. Plaintiff child’s heart stopped and he underwent a prolonged resuscitation until the pericardial effusion was identified and tapped. Plaintiff mom was brought up to the NICU while the code was in process and brought an NIED claim. The NIED claim was eliminated with a ‍motion for summary adjudication. The plaintiff child had profound neurological injuries but also a significantly long life expectancy. A favorable settlement was reached following development of causation arguments related to placental pathology. Lead attorney handling all aspects of case through resolution – 2019.

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EG v. The Regents: Plaintiff alleged negligent attempted placement of an epidural catheter prior to hernia surgery, leading to an epidural hematoma and lower extremity paralysis. Plaintiff was a high wage earner with no ability to work and a significant remaining work-life expectancy. Prior to trial, the case was presented to two mock juries, with opening statements, a few witness presentations and closing arguments presented to the mock juries. Expert depositions were underway when plaintiff passed away from unrelated causes. Co-lead attorney handling causation and damages experts – 2018.

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