Hare, Wynn, Newell & Newton - April 2020

April 2020


hen John Townsend was admitted to RMC’s emergency room on March 17, 2014, he had the tragic misfortune of coming under the care of the wrong doctor. This doctor

things moved forward, they had to reel me in from time to time because I had never gone through anything like that before. I didn’t know what to expect. It was scary, but they were very patient and kind.” Angela says that Shay reminded her of Ben Matlock—one of her favorite shows—and there were many“Matlock”moments at trial. Perez testified that he hadn’t done anything wrong. He had turned the case over to Greene and, having done that, claimed John was no longer his responsibility. When Shay cross-examined him, however, he skillfully cut away at Perez’s testimony, exposing the irrefutable facts underneath: Perez was in charge of the ER; he sent John home without diagnosing or treating him; both he and Greene were jointly negligent/liable for John’s completely preventable death.

did not follow the “worst first” principle — the critical practice of ER doctors establishing a list of possible diagnoses to explain a patient’s symptoms, with the most life-threatening at the top. These conditions are presumed to be the diagnosis until ruled out through tests and examinations, which is repeated until the correct diagnosis is made. Three weeks earlier, John had undergone surgery to repair an abdominal aorta aneurysmwith his doctor, Dr. Valente. At the time of incident, he had all the signs and symptoms of a deadly complication from this surgery, pseudoaneurysms. The emergency room doctor, Dr. Perez, ordered a CT scan, and the results listed a pseudoaneurysm amongst the most likely possibilities. A color Doppler ultrasound was recommended for a definite diagnosis, but Perez disregarded this, as did the on-call surgeon, Dr. Greene. Instead, Perez sent John home with instructions to see Valente the following day. The next morning, however, John’s pseudoaneurysm burst. He was rushed to the hospital, but it was too late to save his life. In March 2016, Shay Samples at Hare Wynn, working alongside attorney Ashley Peinhardt, filed a lawsuit on behalf of John’s wife, Angela, against RMC, Greene, and Perez, alleging that the failure to diagnose John’s condition led to his death. Shay later released RMC from the lawsuit, settled with Greene for $1 million, and pursued the case against Perez. Angela felt comforted by and confident in both Shay and Ashley as they helped her through this difficult time, “Shay was a steady, strong, calming influence on me, and Ashley was a dear. They were so genuine! As

Ashley Peinhardt and Shay Samples, who represented Angela Townsend

Shay then deconstructed the qualifications of the defense’s expert witnesses with his blend of quick wit, killer instincts, and Southern charm. Angela says it was thrilling to watch and sat transfixed as the process unfolded:

“Shay was brilliant … just wonderful! I couldn’t get over it! He did an amazing job with Perez and the defense witnesses. He must have done research on all of them because he knew a lot about them. He also has really good instincts because he always knew just what buttons to push in order to get a certain reaction. And when he seemed to know that somebody wasn’t telling the truth, he would say things that were really funny and quirky, and the jury just loved it!”

On Aug. 16, 2019, the jury found Perez responsible for John’s death and ordered him to pay $2 million. As he and Greene were jointly responsible, the $1 million Greene had already paid was subtracted from that amount.

Angela says, “When the verdict was read in my favor, I felt a weight lifted from my shoulders. Three years went by so fast. Because I had so much confidence in Shay and Ashley, I had been able to just turn everything over to them and know it was safe in their hands. They knew what they were doing. They worked very hard for me, and I had complete trust in them. They always helped me anyway they possibly could. I can’t even begin to explain what a great job they did. They knew John’s death should never have happened. My husband was simply the best. We were married 38 years, and I miss him every day.” Angela will never forget the moment a day before the verdict. As the trial came to a close, Angela remembers sitting in the courtroom at peace with whatever came next. In her words, “I felt a hand on my left side squeezing my arm, but as I turned to look and see who it was, there was nobody there. I swear to this day, I thought it was my husband sitting there, as if he was telling me it was all going to be okay, and he was right — it was.”

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The Best Eco-Friendly and Kid-Friendly Activities for Earth Day

It can be tough to figure out how to switch up family activities. Kids can be very attached to their electronics, making it hard to get them invested in anything else. With Earth Day coming up this month, you have the perfect excuse to put down the phones and get outside to save the planet. If you’re looking for ways to spend time with your kids on Earth Day, try these eco-friendly family activities: You can teach your kids a lot about downcycling and upcycling through recycled art. Downcycling is when waste is recycled to become a new product, but there’s a loss of quality as a result. Upcycling is the opposite: Whatever you recycle becomes a product with a higher value. One way to upcycle is to create recycled art. Use old newspapers or magazines to create collages or papier- mâché bowl sculptures around balloons, jars, or your own custom shape with chicken wire. You can also use old plastic or glass bottles as beautiful hanging planters or create Pick up trash andmake art with it.

garden, you can pick out some indoor plants or create a hanging garden with recycled bottles.

Build a compost system.

If you have a garden, the next best thing you can do is start composting at home. Did you know that you can compost your cardboard products? Instead of waiting for the recycling truck every week, you can use your spare green and brown waste to create incredibly nutritious soil for your garden. Green waste includes vegetable and fruit scraps, eggshells, nutshells, coffee grounds, etc. Brown waste includes cardboard, dead leaves, paper egg cartons, wine corks, andmore. Get a bin andmaintain a green-to-brown ratio of 1-to-2. Layer, water, and turn the compost to keep it healthy. It can take anywhere from twomonths to a year, depending on what you put in and how often you turn it.

a memorable wind chime from jar lids, tin cans, plastic silverware, and old rubber bands.

Plant a garden.

Gardening is one of the most rewarding ways to spend time outdoors. Your kids can learn about caring for another living thing and grow their own vegetables and fruits. A great way to start is to find out what’s in season in your area. If you don’t have an outdoor

We hope you and your family have fun with these planet-loving activities. Stay clean!

April is filled with technological history of the ways people communicate with each other. This month marks the 160th anniversary of the start of the Pony Express mail service, April 27 is Morse Code Day, and April 25 celebrates the birthday of Guglielmo Marconi, the inventor of the first radio. Each of these technological advancements revolutionized the way people talked, but as time has gone on, communication has continued to change. Today, talking with someone, even if they are on the other side of the world, can happen within seconds. This fast rate of communication means people stay in touch, learn what is happening

to see how the evolution of tech has impacted our industry. We have gone from having to use law libraries filled with books and files to now having nearly all the information we need in the palms of our hands. Our attorneys no longer have to bring stacks of paper into court.

Instead, they rely on the Hare Wynn Cloud, which is our secure case management platform that allows our legal teams easy access to thousands of documents. No matter where our team is, they can pull up vital information within moments to support our clients. Hare Wynn is on the cutting edge of information technology and litigation support that gives our lawyers and legal teams the edge they need to compete against the largest corporations and law firms in the world. Our ability to process and present information allows us to excel in complex, fast-paced litigation.

all around the world, and communicate more effectively than ever. In the field of law, this is everything.

We are proud to be a firm that is willing to commit the time and resources necessary to compete at the highest level of the profession.

Over the last 50 years, there have been many changes in the practice of law, mainly around the advancement of technology. It’s astounding

How You Can Stay Focused on the Road

Every April, we observe Distracted Driving Awareness Month, which is a perfect opportunity to address a serious problem. Distracted driving is one of the leading causes of road accidents and the result of many fatalities. According to the U.S. Department of Transportation, 3,166 lives were lost in 2017 alone due to distracted driving. Despite the apparent dangers that distracted driving poses, many people are still likely to take their eyes off the road. Here you’ll find several tips on how you can avoid distracted driving and stay safe while out on the road: Keep your focus. While you’re driving, you should always stay alert and keep your eyes in front of you. When you are aware of the cars around you and actively watch for any changes in those vehicles, you can react accordingly and take steps to avoid an accident. Don’t use your phone. We’ve come to depend on our phones for many reasons, but while you’re in the car, they should be silenced or turned off and kept out of reach. This minimizes the temptation to answer a text or call while you’re driving. If you do need to answer your phone, pull over in a safe area and park before picking it up. Situate yourself and the kids. Before you head out of the driveway, it’s essential that you’ve already made yourself and your kids comfortable. This is a good time to adjust your mirrors, air conditioning, and radio. This is also an ideal time to remind the kids about your important car rules, such as no loud noises and no moving around while the car is moving. Never try to multitask. While we’d all like to say we’re great at multitasking, it’s never a good idea to try, especially while driving. Behind the wheel, your No. 1 concern should be driving, not eating, using the GPS, or looking for something in the glove box. Even if you follow these steps and are a careful driver, there’s still a chance you might end up in an accident with another distracted driver. That’s where our attorneys at HareWynn can help. Call our offices today at 800-568-5330 to learn more.

Solution on Page 4

While the kids hunt for Easter eggs in the yard, whip up this easy deviled egg recipe for a hearty snack that’s sure to satisfy any craving.


• • • • • •

1/2 cup mayonnaise

Salt, paprika, garlic powder, and pepper, to taste

2 tbsp milk

1 tsp dried parsley flakes

• •

12 large eggs, hard-boiled Fresh parsley, minced, and paprika for garnish

1/2 tsp dill weed

1/2 tsp fresh chives, minced 1/2 tsp ground mustard



In a large bowl, combine mayonnaise, milk, parsley flakes, dill, chives, mustard, salt, paprika, garlic powder, and pepper. Mix well and set aside.


Mix mashed yolks with mayonnaise mixture. Spoon or pipe the mixture back into the egg whites. Garnish with fresh parsley and paprika. Refrigerate before serving.




Cut eggs lengthwise and remove yolks carefully to preserve egg whites.

Inspired by TasteOfHome.com


In a small bowl, mash yolks.

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Eco-Friendly and Kid-Friendly Activities for Earth Day

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Easy Deviled Eggs

Don’t Be Tempted to TakeYour Eyes Off the Road


The History of Libraries in America


What’s the oldest library in America? It’s an easy question to ask, but it has an unexpectedly complicated answer. Before the Industrial Revolution generated greater interest in public services, a library’s function and purpose varied widely. Several libraries in the United States claim to be the country’s “first,” but for different reasons. Some believe Harvard University hosted the first library in the United States. Harvard was the first university in the United States, founded in 1636, and clergyman John Harvard seeded the library with a 400-book collection. Soon after, however, Thomas Bray, another clergyman, began establishing the first free lending libraries throughout the colonies to encourage the spread of the Anglican Church. Not surprisingly, most of the libraries’ holdings were theological. Colleges and the Clergy

States. Members of subscription libraries could pay to buy books or borrow them for free. In 1757, 60 men founded the Library Company of Burlington in New Jersey, and Thomas Rodman received a charter from King George II to operate the business in 1758. The library still operates under that charter today. The Library of Burlington was the first library to operate out of its own building after a prominent resident donated the land in 1789. In 1833, just as the Industrial Revolution was picking up steam, the Peterborough Town Library was founded in Peterborough, New Hampshire, at a town meeting. It was the first tax-supported free public library in the United States and in the world. Not long after that, the Boston Public Library, known as the “palace for the people,” became the first municipal public library in the country. The Boston Public Library was also the first library to have a space specifically for children. Out of all the “first” libraries in the country, these are the most probable progenitors of most libraries today — even if they weren’t exactly “first.” By the People, for the People

A Few More Firsts

During the 1700s, a few more “first” libraries were established. In 1731, Ben Franklin and a few others started the first subscription library in the United

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