Carl Hagwood

CARL HAGWOOD (Carl) was born in Mobile, Alabama in 1941. He received a B.A. from Millsaps College and his Juris Doctorate with distinction from the University of Mississippi in 1968. A member of Phi Alpha Delta and the Editorial Board of the Mississippi Law Journal, Mr. Hagwood served as a Law Clerk to Judge Claude F. Clayton, U.S. Court of Appeals, Fifth Circuit, and also as the Bond Attorney for the State of Mississippi. He was selected by his peers for inclusion in Best Lawyers in America in the fields of Health Care Law and Medical Malpractice Law. Mr. Hagwood is a member of the Washington County Bar Association (President, 1995), the American Bar Association, the Mississippi State Bar (Chair, Health Law Section, 1996-1997), American Society of Hospital Attorneys, Defense Research Institute, Mississippi Defense Lawyers Association, American Board of Trial Advocates and the Mississippi Bar Foundation. Mr. Hagwood handles primarily medical, nursing home and professional malpractice cases, health care law, employment law, corporate and casualty law.

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Recent Trial Decisions:

Carter v. Jewell Care Center, Denver, Colorado (August, 2011)

Carl Hagwood received a unanimous defense verdict in Denver, Colo., after a two week trial in a wrongful death case. The complaint alleged that the staff of the Jewell Care Center in Denver was negligent in the care rendered to Blanche Carter causing her death. The specific allegations included charges of failure to turn and reposition, failure to give adequate hydration, failure to provide a low air loss mattress, failure to provide adequate and proper hygiene, failure to provide adequate wound care medications, and failure to properly offload an ankle wound that ultimately developed into a Stage IV decubitus ulcer. The plaintiffs claims were that these acts of negligence led to the development of sepsis which led to osteomyelitis and death. Mr. Hagwood and his trial team were assisted by local counsel, Tom Quinn of the Gordon & Rees firm of Denver.

Adams v. Brian Center-Eden, Rockingham County, North Carolina (June, 2011)

Carl Hagwood received a unanimous defense verdict in Rockingham County, N. C., after a two-week trial in a wrongful death and personal injury case. The complaint alleged that the staff of the Brian Center in Eden, N. C. were negligent in the care rendered to Malinda Adams causing personal injury and wrongful death. The specific allegations involved failure to turn and reposition, failure to give proper nutrition and hydration, failure to prevent pressure sores, specifically a sacral ulcer, failure to heal the sacral ulcer once developed which allowed the sacral ulcer to become infected resulting in sepsis and death. Mr. Hagwood and his trial team were assisted by local counsel, Laurie Miller of the Ellis & Winter, LLP firm of Raleigh, N. C.

Anderson v. Fairview, Jefferson County, Alabama (May, 2011)

Carl Hagwood and Michael Phillips received a directed verdict from Alabama Circuit Court Judge Nicole Gordon Still after three days of testimony in a wrongful death case involving a nursing home in Birmingham. In the complaint, it was alleged that Lillie B. Anderson died from an infected Stage IV bed sore. Through carefully drafted Motions in Limine, Mr. Hagwood and Mr. Phillips were able to have plaintiff experts, Dr. Kelly Johnson-Arbor and Suzanne Fredericks, limit their testimony to their disclosed opinions, thereby preventing them from offering new opinions during trial. This created a gap between the plaintiff's expert's opinions such that plaintiff was unable to prove a deviation from the Standard of Care that resulted in Ms. Anderson's death. Due to plaintiff's failure to prove her case, Judge Still ruled in favor of the defendant.  After the verdict was announced, the jurors were interviewed by legal counsel for both the plaintiff, William M. Acker of Birmingham, and the defendant. Despite the fact the defendant had not yet presented its case, all jurors unanimously agreed that the nursing home did nothing wrong. The plaintiff even admitted Mr. Hagwood and Mr. Phillips convinced her that the nursing home had done nothing wrong. Mr. Hagwood and Mr. Phillips were assisted at trial by Hunter Carroll, local counsel.

McKeown v. Robert Pitcock, M.D. et al, Union County, Mississippi (January, 2010)

Carl Hagwood and Diane Pradat Pumphrey won a defense verdict for an emergency room physician in a wrongful death case. The doctor allegedly failed to refer a patient to a cardiologist when she came in with symptoms of acute bronchitis. The patient was subsequently advised by another medical practitioner to have a stress test which she declined. The patient died five days later and because there was no autopsy, the cause of death was unknown.

Patten v. Jones, Lafayette County, Mississippi, Circuit Court (March 2009)
Carl Hagwood obtained a defense verdict in a medical malpractice case against an anesthesiologist where it was alleged that the anesthesiologist was negligent in the management of anesthesia when a patient aspirated at the time of induction of anesthesia, subsequently developed ARDs and died.

Webster v. National Heritage Realty, Inc., United States District Court (Natchez, Mississippi) (March 2009)
Carl Hagwood and Michael Phillips obtained a defense verdict in a nursing home case alleging that the operator of the nursing home was negligent resulting in multiple decubitus ulcers, malnutrition, dehydration, and death.

Cleave v. Portner, Bolivar County, Mississippi, Circuit Court (January 2009)
Carl Hagwood obtained a defense verdict for a nephrologist sued for alleged failure to properly manage an infected graft site resulting in sepsis and death.

Jordan v. Mariner, et al, United States District Court, (June 2008)
Carl Hagwood and Michael Phillips defended this nursing home/medical malpractice action alleging negligence resulting in numerous pressure ulcers, amputation, malnutrition, and death. After a six-day trial, the jury returned a unanimous verdict in favor of the Defendants.

Paige, et al v. Mariner, et al, United States District Court (June 2008)
Carl Hagwood and David Eaton defended this nursing home/medical malpractice action alleging falls, multiple decubitus ulcers, malnutrition, sepsis, and death. After a four-day trial, the jury returned a unanimous verdict in favor of the Defendants.

Johnson et al v. Mariner, United States District Court, (May 2008)
Carl Hagwood and Michael Phillips defended this nursing home/medical malpractice action alleging gangrenous pressure wounds resulting in bilateral amputations. At the conclusion of a five-day trial, the jury returned a unanimous verdict in favor of the Defendants.

Ervin v. Delta Regional Medical Center and Dr. James Beckham, Washington County, Mississippi, Circuit Court (April 2008)
Carl Hagwood obtained a defense verdict in a case where it was alleged that an obstetrician employed by Delta Regional Medical Center was negligent in failing to properly manage post-surgery complications where a patient developed a pulmonary embolus following GYN surgery and died.

Purpora v. Cirilli, Sunflower County, Mississippi, Circuit Court (August 2007)
Carl Hagwood and Diane Pradat Pumphrey defended this medical malpractice action alleging wrongful death as a result of failure to diagnose. A Daubert hearing was conducted following voir dire of the Plaintiff’s expert; the Daubert motion to exclude was sustained; and the Defendant was granted a directed verdict.

Ward v. Mariner Health Care, Inc. d/b/a Columbia Health & Rehabilitation Center, Marion County, Mississippi, Circuit Court (August 2007)
Carl Hagwood and Michael Phillips successfully defended a nursing home in a case involving allegations of abuse and neglect wherein the resident developed over 21 “decubitus ulcers”, dehydration, malnutrition, and death.

Wylie v. Lantrip, Washington County, Mississippi, Circuit Court (May 2007)
Carl Hagwood defended this medical malpractice action brought by Robert Wylie and his wife alleging a mis-diagnosis of Mr. Wylie’s lumbar-sacral compression fracture. After a six (6) day trial, the jury returned a verdict in favor of all defendants.

Campbell v. Lewis, Hinds County, Mississippi, Circuit Court (September 2006)
Carl Hagwood and Diane Pradat Pumphrey defended this medical malpractice action wherein the Plaintiff alleged permanent disability secondary to complications from a discectomy performed by a neurosurgeon. After a five-day trial, the jury returned a verdict for the Defendant.

Chaffin v. Brown, Lowndes County, Mississippi, Circuit Court (August 2006)
Carl Hagwood defended this medical malpractice/wrongful death action brought by the Estate of Walter Chaffin, which alleged a failure to diagnose and prevent a bowel infarction resulting in death. After the Plaintiff’s expert witness was excluded on a causation objection, the Defendant received a directed verdict.

Bridges v. Morris, Leflore County, Mississippi, Circuit Court (May 2006)
Carl Hagwood successfully defended this medical malpractice case filed against a radiologist where it was alleged that the radiologist had misread a CT scan resulting in an incorrect diagnosis. After a seven-day trial, the jury returned a verdict for the Defendant.

Dillon vs. Mariner Health Care, Inc. d/b/a Columbia Health & Rehabilitation Center, Walthall County, Mississippi, Circuit Court (April 2006)
Carl Hagwood, Michael Phillips and David Eaton successfully defended claims of nursing home abuse and neglect wherein it was alleged that the nursing home was negligent in providing proper care to a quadriplegic who developed contractures, decubitus ulcers, malnutrition, and dehydration.

Harris v. Mariner Health Care, Inc. d/b/a Holly Springs Health & Rehabilitation Center, United States District Court (February 2006)
Carl Hagwood and David Eaton obtained a defense verdict in a nursing home case pending in federal court where it was alleged that the nursing home was negligent for failing to prevent the development of bed sores, malnutrition and dehydration.

Smith v. Cunningham, Washington County, Mississippi, Circuit Court (June 2005)
Carl Hagwood successfully defended this medical malpractice/wrongful death claim against an internist which alleged a failure to properly treat Plaintiff’s chronic pulmonary fibrosis resulting in death.

Derryberry v. McAlpin, Alcorn County, Mississippi, Circuit Court (December 2004)
Carl Hagwood and Diane Pradat Pumphrey defended this medical malpractice action brought by the Estate of Ernest Derryberry alleging wrongful death. After a six-day trial, the jury returned a verdict in favor of the Defendant.

Vede v. Delta Regional Medical Center, Washington County, Mississippi, Circuit Court (April 2004)

Carl Hagwood obtained a defense verdict for Delta Regional Medical Center where the Plaintiff alleged that while being treated at the Burn Center for burns over 18% of his body he developed debilitating contractures in his arms and legs and a Stage IV decubitus ulcer on his coccyx due to alleged failure to turn and reposition and conduct appropriate physical therapy.

Perry vs. Mariner, et al, Grenada County, Mississippi, Circuit Court (December 2003)
Carl Hagwood and Senith Tipton defended this medical malpractice/wrongful death action brought against Grenada Health & Rehab. Center alleging neglect by the nursing home against Vader Perry. The jury returned a verdict on behalf of all Defendants, and the Circuit Court’s denial of Plaintiff’s post-trial Motions was affirmed by the Mississippi Supreme Court.

Summary Judgments:

Jones v. Portner, Bolivar County, Mississippi, Circuit Court (March, 2011)

L. Carl Hagwood and Mary Frances S. England gained dismissal for their client, Dr. Michael Portner, after successfully arguing that plaintiff failed to properly serve pre-suit notice as required by Miss. Code Ann. §15-1-36(15). Actual delivery of the pre-suit notice is accomplished when a copy is handed to the attorney of party or "[left] at his office with his clerk or other person in charge thereof." The court found that under Miss. R. Civ. P. 5, pre-suit notice was not left at Dr. Portner's "office" when it was allegedly left with the office manager at a dialysis center where Dr. Portner made rounds. The court went on to note that if the dialysis center was considered to be Dr. Portner's "office," then every other dialysis center or hospital where he made rounds could be considered his "office."

Ballard v. Wells, Coahoma County, Mississippi, Circuit Court (July 2009)
Carl Hagwood obtained summary judgment in a medical malpractice action filed against a pediatrician in Clarksdale, Mississippi. The Plaintiffs alleged that the pediatrician was negligent in not making the proper referral of an infant who sustained a brachial plexis injury at birth. Summary judgment was granted on the grounds that the Plaintiffs had not established a causal connection between the alleged negligence and the lack of improvement in the infant’s use of her left arm.

Wallace v. Mohamed, Lowndes County, Mississippi, Circuit Court (February 2009)
Carl Hagwood and Diane Pradat Pumphrey obtained summary judgment for a physician defendant in a medical malpractice case on the grounds that the Plaintiff who brought the action lacked standing and had been improperly named as Administrator of the Estate. See appellate decisions below, Boles v. Mariner (February 2007 Mississippi Supreme Court decision).

Coleman v. Tibbs, Coahoma County, Mississippi, Circuit Court (January 2009)
Carl Hagwood and Diane Pradat Pumphrey obtained summary judgment for a physician defendant following a Daubert hearing that resulted in the trial court finding that the Plaintiffs’ expert witnesses were not qualified to give the opinions expressed on causation and standard of care.

Blessitt v. Thompson, Yazoo County, Mississippi, Circuit Court (October 2007)
Carl Hagwood secured the dismissal of a medical malpractice action against a physician on the grounds that the applicable statute of limitations had expired.

Shaw v. Burke, Coahoma County, Mississippi, Circuit Court (April 2007)
Carl Hagwood obtained summary judgment for an internist accused of medical malpractice for failure to properly manage a patient with atrial fibrillation following the exclusion of the Plaintiff's expert witness at a Daubert hearing. The Plaintiff's expert witness' opinions were successfully challenged on the grounds that he failed to properly rely upon the clinical values from the hospital's laboratory.

Henry v. Estes, Hinds County, Mississippi, Circuit Court (March 2007)
Carl Hagwood obtained summary judgment for the physician defendant who was Medical Director of a nursing home on the grounds that the Plaintiffs had failed to give proper notice of intent prior to filing suit. The dismissal was on summary judgment, and the Complaint was dismissed with prejudice.

Sexton v. McPherson, DeSoto County, Mississippi, Circuit Court (September 2006)
Carl Hagwood obtained summary judgment and dismissal with prejudice of a Complaint filed against an emergency room physician on the grounds that the Plaintiff's expert witness could not establish causation between the alleged negligence and any harm to the Plaintiff. The companion Complaint filed in United States District Court for the Northern District of Mississippi was likewise dismissed on the grounds that there was no evidence of an EMTALA violation.

O'Bryant v. Crafton, Grenada County, Mississippi, Circuit Court (September 2005)
Carl Hagwood obtained dismissal/summary judgment in favor of a defendant physician where it was alleged that the physician was negligent in failing to detect pancreatic cancer in Plaintiff's decedent following exclusion of the Plaintiff's expert witness on the grounds that he was not qualified to render opinions against the Defendant.

Smith, Margaret, et al v. Mariner Health Care, Inc., United States District Court (September 2005)
Carl Hagwood and Sandra T. Doty obtained summary judgment in a nursing home alleged abuse/neglect case on the grounds that the Plaintiffs lacked standing to maintain the action. The Plaintiffs had failed to properly open an Estate and otherwise lacked standing to maintain the action.

Austin, Helen, et al v. Mariner Health Care, Inc., United States District Court (March 2005)
Carl Hagwood and Sandra T. Doty successfully argued that the Plaintiffs lacked standing to maintain this wrongful death action alleging nursing home abuse and neglect on the grounds that the Plaintiffs had not properly opened up an Estate and otherwise lacked standing to maintain the action.

Barnes v. Ricks, Washington County, Mississippi, Circuit Court (August 2004)
Carl Hagwood obtained summary judgment for a pediatrician who is accused of medical malpractice in managing an intercranial bleed on the grounds that the Plaintiff's expert witness was not qualified to render opinions concerning a pediatrician's duty to manage an intercranial bleed in a child where neither neurological or neurosurgical consults were available.

J. Moore v. DRMC, Washington County, Mississippi, Circuit Court (June 2004)
Carl Hagwood obtained dismissal of the Complaint against Delta Regional Medical Center where it was alleged that the nursing staff was negligent on the grounds that the Plaintiffs failed to give proper notice of intent prior to filing suit under the Mississippi Tort Claims Act.

Appellate Court Decisions:

McKeown v. Pitcock, No. 2010-CA-00641-COA (Miss. 2011)

Carl Hagwood and Mike Coleman recently won the appeal of a medical malpractice case tried by Mr. Hagwood and Diane Pradat Pumphrey in Union County. At the close of trial, the jury awarded no damages and the plaintiff appealed on an evidentiary issue related to the exclusion of portions of a death certificate. Mr. Hagwood and Mrs. Pumphrey (along with John Wheeler who represented another defendant not involved in the appeal) had the questionable portions of the death certificate excluded at trial via a creative Daubert motion and hearing. The plaintiff claimed that the exclusion of this evidence prevented the jury from returning a verdict in favor of the plaintiff. Mr. Hagwood and Mrs. Pumphrey argued that the deputy coroner's opinions as to the cause of death as listed in the death certificate were unreliable and could not be introduced into evidence via the death certificate. The trial court struck the questionable portions and the plaintiff appealed. Mr. Coleman drafted the brief and handled the oral argument, explaining to the Court of Appeals how and why Mr. Hagwood and Ms. Pumphrey's Daubert challenge was handled correctly by the trial court. The Court of Appeals agreed and affirmed the trial court.

Patterson v. Tibbs, No. 2009-CA-01037-SCT (Miss. 2011)

The Mississippi Supreme Court affirmed the trial court's ruling that plaintiff's experts' opinions concerning the pre-death level of Demerol in the decent's system should be stricken. L. Carl Hagwood and Mary Frances S. England showed on appeal that the trial court's opinion properly relied on the recent Hill v. Mills decision and that the plaintiff's experts had no peer-reviewed data to rely on. The plaintiffs experts had given opinions concerning the amount of Demerol in the decedent's blood stream that allegedly led to the baby's death could be determined by back-extrapolation from the level of Demerol from a post-mortem blood sample. A Daubert hearing was conducted, and the trial court excluded the plaintiff's experts' opinions because the Defendants experts presented peer-reviewed literature demonstrating that the half-life calculation used by the plaintiff's experts were unreliable. Dr. Bob Tibbs' experts contradicted the plaintiff's experts' testimony with published, peer-reviewed data, and plaintiff failed to respond with evidence showing acceptance and support in the scientific community of plaintiff's experts' theories.

Berry v. Patten, No. 2009-CA-01441-SCT (Miss. 2010)

The Miss. Supreme Court unanimously  reversed and rendered a Lafayette County jury verdict of $1.15 million in Berry v. Patten in favor of Carl Hagwood and Mary Frances S. England. Mr. Hagwood had previously obtained a defense verdict in a medical malpractice case against an anesthesiologist where negligence was alleged in the administration of anesthesia causing the patient to aspirate, subsequently develop ARDS and die.  However, the jury returned a verdict in favor of one plaintiff, Kevin Berry, Certified Nurse Anaesthetist.  On appeal, Mr. Hagwood and Ms. England argued that the trial court erred in allowing a plaintiff’s jury instruction which attempted to state that six variable standards of care were medically incorrect  in that 1) it confused “induction” with “intubation” and was legally insufficient; 2) it did not state what the jury must find to be the standard of care, who must be found to have been negligent and at what point in time any of the variable standards of care were to be in effect. The Mississippi Supreme Court found that the trial court erroneously denied Kevin Berry’s Motion for Directed Verdict and for Judgment Notwithstanding the Verdict.  The Court found that the Plaintiffs failed to establish, with expert testimony, the CRNA standard of care or that Mr. Berry had breached the standard of care.  Accordingly, the Supreme Court reversed the judgment of the trial court.

Preston Law Firm v. Mariner Health Care, No. 09-31016, U.S. Court of Appeals, Fifth Circuit (October 2010)

Carl Hagwood and Mike Coleman recently won the appeal of a $444,600.92 judgment rendered against their client, Mariner Health Care Management. The United States Court of Appeals for the Fifth Circuit found that the trial court had committed clear error in awarding that amount to the Preston Law Firm in a fee dispute with Mariner.  The case involved Louisiana contract law and Mr. Hagwood was brought in just before trial to assist a Louisiana firm with the case. Mr. Hagwood and Mr. Coleman then briefed the case, and Mr. Hagwood presented oral argument pointing out the clear error committed by the trial court. The Fifth Circuit agreed reversing and vacating the $444,600.92 judgment, and remanding the case to the trial court for entry of judgment in favor of Mariner.

Ervin v. Delta Regional Medical Center, No. 2008-CA-01816-COA (Miss. 2010)

Carl Hagwood and Mary Frances S. England represented the Appellee/ Defendant, Delta Regional Medical Center, in a case of alleged medical malpractice where the Plaintiff's decedent died of a pulmonary embolus shortly after a hysterectomy was performed by an employed physician at Delta Regional Medical Center. The deceased's husband filed a wrongful death action, and the trial court found that the Plaintiff's expert offered no peer review literature or studies to support his opinion of the national recognized standard of care. Following a bench trial, the Circuit Court found in favor of Delta Regional Medical Center on these grounds, and the Court of Appeals upheld the action of the trial court specifically finding that without peer review literature to support the Plaintiff's expert's position on breach and causation, the Complaint should be dismissed.

Bufkin v, Dr. William R. Staggers and Eastern Shore Plastic Surgery, P.C., United States District Court (January 2009)
Carl Hagwood and Michael Phillips received dismissal for their clients in a medical malpractice suit which was filed by a Mississippi resident against an Alabama physician and clinic. They successfully argued that the suit lacked proper jurisdiction for the claim to be heard in federal court in Mississippi.

Brown, et al v. Delta Regional Medical Center, No. 2007-CA-00867-SCT (Miss. 2008)
Carl Hagwood represented the Appellee/Defendant, Delta Regional Medical Center, in a case of first impression decided by the Mississippi Supreme Court. The Mississippi Supreme Court upheld the grant of summary judgment by the trial court which held that a community hospital, Delta Regional Medical Center, cannot be held vicariously liable for the alleged negligence of an independent contractor emergency room physician. The Mississippi Supreme Court held that, under the terms of the Mississippi Tort Claims Act, a community hospital cannot be held vicariously liable for the alleged negligence of an independent contractor emergency physician and rejected the Plaintiff/Appellant’s that the doctrine enunciated in Hartley v. Brantley, 471 So. 2d 358 (Miss. 1985) was controlling. This is a landmark decision applying the terms and provisions of the Mississippi Tort Claims Act.

Adams v. Baptist, No. 2006-IA-00455-SCT (Miss. 2006)

Carl Hagwood and Brad Overcash secured a successful appellate outcome in Adams v. Baptist Memorial Hospital-Desoto, Inc., et. al. when the Mississippi Supreme Court held in favor of their physician defendants in interpreting a key venue provision of the Mississippi Tort Reform Act.

River Region Med. Corp. v. Patterson , No. 2005-TS-02357 (Miss. 2007)
Carl Hagwood and David Eaton represented the Appellant / Defendant, River Region, following a judgment on a jury verdict in favor of the Plaintiff. The Mississippi Supreme Court reversed and rendered the judgment, holding that Plaintiff had failed meet his burden of proof with regards to damages at trial.

Boles v. Mariner, No. 2005-IA-000699 SCT (Miss. 2007)
Carl Hagwood obtained a decision of first impression when the Supreme Court held that the failure to properly open an estate voided the estate from its inception resulting in the failure to have a proper plaintiff to maintain an action on behalf of the estate and the statutory beneficiaries of the estate. The result was dismissal of a nursing home lawsuit wherein the Plaintiffs claimed significant damages arising out of alleged abuse and neglect resulting in death.

Davis v. S. Sunflower Co. Hosp., 956 So.2d 1103 (Miss. 2007)
Carl Hagwood represented the Appellee / Defendant, SSCH, following a dismissal by the Circuit Court for Plaintiff’s failure to serve summons on SSCH within 120 days after filing suit. The Mississippi Court of Appeals affirmed the ruling and held Plaintiff failed to show "good cause" for her failure pursuant to Miss. R. Civ. P. 4(h).

Vede v. Delta Regional Medical Center, 933 So. 2d 310 (Miss. 2006)

Carl Hagwood and Robert R. Stephenson successfully argued the appeal of a defense verdict for Delta Regional Medical Center, and the Mississippi Court of Appeals held that the Circuit Court committed no error in granting a defense verdict that the staff at Delta Regional Medical Center did not commit malpractice in failing to turn and reposition and conduct appropriate physical therapy for a burn victim at the Delta Regional Medical Center Burn Center.

Perry vs. Mariner, et al, 927 So. 2d 762 (Miss. 2006)
Carl Hagwood and Senith Tipton defended this medical malpractice/wrongful death action brought against Grenada Health & Rehab. Center alleging neglect by the nursing home against Vader Perry. The jury returned a verdict on behalf of all Defendants, and the Circuit Court’s denial of Plaintiff’s post-trial Motions was affirmed by the Mississippi Supreme Court.

Bolivar Leflore Med. All. v. Williams, 938 So. 2d 1222 (Miss. 2006)
Carl Hagwood represented the Appellant / Defendant, BLMA, following the Circuit Court holding it was not entitled to the protections of the Mississippi Tort Claims Act ("MTCA"). In reversing, the Mississippi Supreme Court held that BLMA was an instrumentality of Greenwood Leflore Hospital, and therefore fell within the MTCA.

Doolittle v. Hinyub, 2005-IA-01443-SCT (Miss. 2006)
Carl Hagwood represented the Appellant / Defendant, Dr. Phillip Doolittle, following the Circuit Court’s denial of Dr. Doolittle’s Motion to Dismiss premised on Plaintiff filing suit prior to 60 days after serving her Notice of Claim. The Mississippi Supreme Court, in an unpublished opinion, reversed and held that Plaintiff must strictly comply with the Notice provision of Miss. Code Ann. §15-1-36(15).

Partin v. N. Miss. Med. Cntr, 929 So. 2d 924 (Miss. App. 2005)
Carl Hagwood represented the Appellee / Defendant, Laura Gray, MD, following the Circuit Court granting her summary judgment based on the Plaintiff’s failure to appropriately designate a medical expert against Dr. Gray. The Mississippi Court of Appeals affirmed as to Dr. Gray, holding that the Plaintiff’s expert affidavit did not create a triable issue regarding breach as to Dr. Gray.

Johnson v. Blackwood, 919 So. 2d 1053 (Miss. App. 2005)
Carl Hagwood represented the Appellee / Defendant, Dr. Don Blackwood, following the Circuit Court dismissing the action due to the expiration of the statute of limitations. The Mississippi Court of Appeals affirmed and held that a minor’s statute of limitations begins to run when his mother received chancery court authority to bring the action.

Griffin v. Wells, 2004-CA-01138-SCT (Miss. 2005) (per curiam)
Carl Hagwood represented the Appellee / Defendant, Dr. Peggy Wells, following the Circuit Court dismissing the action for Plaintiff’s failure to comply with the Certificate of Expert Consultation requirement of Miss. Code Ann. § 11-1-58. The Mississippi Supreme Court rendered a per curiam affirmance.

Janssen Pharmaceutica, Inc. v. Jackson, 883 So. 2d 91 (Miss. 2004)
Carl Hagwood represented the Appellant / Defendant, Bradley Brown, M.D., following the Circuit Court’s denial of the Defendants’ Motions to Sever and for Change of Venue in this multi-Plaintiff drug litigation. The Mississippi Supreme Court reversed and held that the Plaintiff’s who were not residents of the county in which suit was filed should have their claims transferred to their resident counties.