Michael E. Phillips

Martindale Hubbell logoMICHAEL E. PHILLIPS (Michael) was born in Jackson, Mississippi in 1970. He is a graduate of Louisville High School in Louisville, Mississippi. Mr. Phillips received a Bachelor of Science degree from Mississippi College in 1996 and received his Juris Doctorate, graduating magna cum laude, from Mississippi College School of Law in 2000. While in law school, he was the recipient of the Mississippi College Alumni Scholarship. After law school, he served as a judicial law clerk for The Honorable William L. Waller, Jr. of the Mississippi Supreme Court. He is a member of the Mississippi Bar, Alabama Bar, Tennessee Bar, Arkansas Bar, Texas Bar, D.R.I. (Defense Research Institute) and the Mississippi Defense Lawyers Association.

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Recent Trial Decisions:

Gardiner v. SSC Birmingham Operating Co., Jefferson County, Alabama, Circuit Court (December 2011)

Michael Phillips received an award in favor of his client in a Jefferson County, Alabama arbitration.  The plaintiff alleged that the personnel at a Birmingham nursing home breached the standard of care which resulted in the death of the resident. However, Mr. Phillips successfully argued that there were no acts or omissions by the medical personnel that constituted a breach of the applicable standard of care.  Mr. Phillips was assisted by local Alabama counsel, Hunter Carroll.

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

Michael Phillips and Carl Hagwood 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.

Webster v. National Heritage Realty, Inc., United States District Court (Natchez, Mississippi) (March 2009)
Michael Phillips and Carl Hagwood 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.

Jordan v. Mariner, et al, United States District Court, (June 2008)
Michael Phillips and Carl Hagwood 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.

Johnson et al v. Mariner, United States District Court, (May 2008)
Michael Phillips and Carl Hagwood 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.

Ward v. Mariner Health Care, Inc. d/b/a Columbia Health & Rehabilitation Center, Marion County, Mississippi, Circuit Court (August 2007)
Michael Phillips and Carl Hagwood 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.

Dillon vs. Mariner Health Care, Inc. d/b/a Columbia Health & Rehabilitation Center, Walthall County, Mississippi, Circuit Court (April 2006)
Michael Phillips, Carl Hagwood 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.

Appellate Court Decisions:

Bufkin v. Dr. William R. Staggers and Eastern Shore Plastic Surgery, P.C., United States District Court (January 2009)
Michael Phillips and Carl Hagwood 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.