Hare, Wynn, Newell & Newton Law - December 2019

December 2019

A Client’s Journey


he day Linda Rutherford learned she had lung cancer, she also found out she’d had it for well over two years. Her previous doctor had missed her condition entirely, and by the time it was finally diagnosed by another doctor, it had advanced to stage 4. Confused and unsure what to do, Linda contacted an attorney for guidance. Medical malpractice is a highly specialized area of law, and few firms handle these cases, much less handle them well. This attorney referred her to Hare Wynn because of our reputation as one of the leading medical malpractice firms in the area. Jamie Moncus was the attorney assigned to represent her. When Linda first met Jamie, she was struck by his quiet confidence and assurance. She came away from the meeting comforted and encouraged, and she knew he understood what she was going through. Jamie knew Linda needed an attorney, but he also knew that going to trial would be an emotional and challenging process, so she was also going to need a friend. And when depositions began, Linda says “I was so scared because I had never been through anything like that before, but Jamie was just the best. He told me not to worry but to tell the truth — to tell my story, and everything was going to be fine. And he was right; it was.” Even so, Linda says the trial was a particularly stressful experience for her because the defense attorneys were aggressive and confrontational. In her words, “I don’t know why they have to try to turn everything around. I know that is their job, but Jamie was just so upfront, candid, and levelheaded with everything.” Linda goes on to say that Jamie’s approach in the courtroom was forthright and straightforward, which was in stark contrast to that of the defense team. She elaborates, “Jamie just had a knack for getting to the

“‘With Jamie, you never felt that it was just about winning another case. It was all about finding the truth, and he was so sincere and straightforward. I think that is what won the case.’”

truth. He was direct, and he wouldn’t back down. With Jamie, you never felt that it was just about winning another case. It was all about finding the truth, and he was so sincere and straightforward. I think that is what won the case. The jurors, no doubt, felt they could believe him and trust him. Furthermore, he was always very calm and collected, no matter what the defense attorneys tried to pull off. Because he was so calm in every situation, he also had a calming effect on me. If it wasn’t for his kindness, confidence, and composure, I probably would have been upset and crying and everything else. The trial was difficult because I had never gone through anything like that, but he gave me peace of mind.” Linda says that Jamie was so well prepared that no matter what the defense threw his way, he was never distracted or surprised. He took everything in stride because he seemed to have already anticipated the defense team’s every move. For example, there was a turning point at trial where one of the defense experts cited a study. The research supported the defense’s claim that the two-year delay in diagnosis had not been a factor in the growth of her cancer. It all sounded very believable until Jamie —who had anticipated their strategy — brought to the jury’s attention that the study was conducted in 1959. Linda feels that there were many examples throughout the trial of how well prepared and sincere Jamie was. Because of this, she feels the jury made up their minds well before closing arguments to rule in her favor. While the money Linda was awarded has made a tremendous difference in her life, it accomplished something even more significant than compensation for her illness. Linda explains, “I have experienced many difficult times in my life, and the cancer was only one of many. I am not accustomed to things going my way, but Jamie did the best possible job in the world for me, and because he did, he gave me hope at a time when I needed it. I will always be deeply grateful.”

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