February 25, 2026

LOUISVILLE – QPWB Louisville Managing Partner Brandon Sword, Partner Johnathan Ryan, and Associates Megan Buechler and Corey Gagnon secured a complete defense verdict in a complex medical negligence and wrongful death action. The defense team successfully obtained a Motion for Summary Judgment, effectively shielding their client, a skilled nursing facility and its affiliated entities, from significant financial exposure and punitive damages.

Overview of the Case

The Louisville hub was retained to defend a skilled nursing facility against allegations of substandard care brought by the estate of a deceased former resident. The litigation involved claims that the facility’s care led to the resident's passing. The Plaintiff sought extensive compensatory damages, as well as pain and suffering, while also pursuing a claim for punitive damages.

Key Difference-Makers

• Brandon Sword - Managing Partner, Louisville
• Johnathan Ryan - Partner, Louisville
• Megan Buechler - Associate, Louisville
• Corey Gagnon - Associate, Louisville

Claims Made Against Our Client

The Plaintiff in this action made claims for negligence, medical negligence, corporate negligence, and wrongful death. Central to the Plaintiff's argument was the assertion that the facility breached the standard of care required for residents. By including claims for both compensatory (medical and funeral costs) and punitive damages, the Plaintiff aimed to hold the facility and its various affiliated entities liable for the death of the former resident.

Defense Strategy

The defense team immediately recognized that every allegation, from corporate negligence to wrongful death, was legally derivative of the underlying medical negligence claim. Under the laws of the Commonwealth of Kentucky, medical negligence claims are highly technical and strictly require expert testimony to establish a breach of duty. Without such testimony, it is legally impossible to prove a breach of any duty owed under that standard.

The QPWB team focused their strategy on these procedural requirements, maintaining a rigorous watch over the court’s scheduling order. When the Plaintiff failed to file expert disclosures in compliance with the deadline, the defense swiftly moved for summary judgment to prevent the Plaintiff from circumventing the motion with late disclosures.

Impact on Final Outcome

The strategy proved decisive when the court granted the Defendants’ Motion for Summary Judgment, resulting in a total defense verdict and a complete dismissal of all claims. The team secured this outcome by demonstrating that the Plaintiff could not meet the essential evidentiary burdens required by Kentucky law. Despite eleventh-hour attempts by the Plaintiff to extend the proceedings, the court agreed with QPWB’s position and denied all of the Plaintiff’s motions, effectively ending the seven-year litigation.

Unique Aspects of the Case

The most unique aspect of this case was the Plaintiff’s attempt to bypass the expired disclosure deadline by claiming she had been abandoned by her original counsel. This move, made through a newly affiliated attorney at a critical juncture in the litigation, was an attempt to seek an emotional appeal from the court to secure additional time for expert disclosures.

The QPWB team successfully countered this move by arguing that after seven years of litigation, any further delay would derail the trial date and cause significant prejudice to the Defendants. They specifically noted that the facility's operations had been sold and the previous operator was in the process of winding up affairs, making finality essential. The court was swayed by these practical and legal arguments, maintaining the integrity of the scheduling order and granting the defense motion.

Predicting the Future

This case highlights the attention to detail and procedural knowledge of QPWB’s attorneys. Our team is willing and capable of efficiently exploring all potential avenues of defense to secure the best possible results for our clients. This outcome reinforces QPWB’s commitment to exhaustive defense strategies and achieving superior results within the long-term care industry.

Key Actions in This Case

• Recognition and anticipation: Recognized the possibility that Plaintiff could miss the disclosure deadline and prepared Motion for Summary Judgment ahead of time.
• Motion for Summary Judgment: Filed the motion as soon as permissible to prevent Plaintiff from circumventing the motion with late disclosures.
• Procedural Knowledge: Secured verdict and defeated argument for additional time by maintaining focus on the legal issues and potential prejudice to our client, rather than the emotional appeal made by Plaintiff, and highlighted Plaintiff’s other avenues for recovery under such circumstances.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.