Leawood, Kan. – March 12, 2026: Tim Frets and John Witten secured a defense verdict in Clay County, Missouri, successfully defending a labor and delivery nurse in a medical malpractice case seeking $21,004,076 in damages that arose from a 2001 birth that resulted in cerebral palsy. The plaintiff contended that the nurse violated the co-defendant obstetrician’s oxytocin order, and the defense faced critical testimony from two OB/GYN experts as well as a nursing expert.
The case was further complicated by its age, presenting significant challenges related to the availability of evidence, fading memories, disputes as to the appropriate medical definitions from more than two decades earlier, and complex legal issues of what operative law applied to the case. Despite these factual and legal obstacles, the jury returned a defense verdict after approximately four hours of deliberations.
By carefully navigating both the evidentiary limitations and the legal framework applicable to a 2001 birth, Tim and John effectively showed that the plaintiff failed to establish a causal connection between the nurse’s care and the claimed injury. The verdict underscores the law firm’s ability to defend complex, high-exposure medical malpractice cases, even when complicated by the passage of time.
About Tim Frets: One of the founding members of the law firm, Tim is an experienced trial attorney who has handled hundreds of medical malpractice cases in a number of states, including Missouri, Kansas, Alabama, Louisiana and Texas. He has been lead defense counsel representing physicians, hospitals, dentists, nurses and pharmacists in cases involving virtually every medical specialty.
About John Witten: John focuses on a wide variety of litigation, including medical malpractice defense, and has litigation, trial, and appellate experience in state and federal courts in Missouri and Kansas. John applies successful strategies during the discovery phase of lawsuits to prompt favorable settlements and dismissals, has obtained summary judgment on behalf of multiple clients, has prosecuted and defended several cases to a favorable verdict for his clients, and has successfully briefed and argued multiple appeals.
About the Firm’s Litigation Practice Group: The firm’s litigation attorneys have more than 250 years of combined trial and appellate court experience, including business-to-business cases, individual and business cases, simple two-party disputes, and complex class action cases. The Litigation practice group has collective experience in more than 40 states and in eight federal circuits, including more than 500 bench and jury trials.
About the firm:
Rouse Frets White Goss Gentile Rhodes offers highly skilled lawyers in many practice areas with vast real world experience. Our clients benefit from blue-ribbon talent unencumbered by mega firm business models.
Choice of an attorney is an important decision and should not be based solely upon a website or advertisements. In reviewing achievements by the law firm or its attorneys, remember that past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Although our lawyers may practice in subject areas, neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialty designations for Missouri licensed attorneys.