Kenneth W. Bean is a shareholder and founding member of Sandberg Phoenix & von Gontard. Ken focuses his practice on defense work in civil litigation and healthcare litigation.
He has experience in the defense of high-risk medical malpractice litigation and medical products liability. He has tried to conclusion 13 OB medical malpractice actions involving brain injured children and won 11 of them. He has tried five psychiatric suicide cases and won four of them. Over his career, Ken has tried to completion over fifty cases.
Ken was inducted into the American College of Trial Lawyers in April of 2006. Best Lawyers in America has recognized him as the “St. Louis Best Lawyers Lawyer of the Year” in the area of Medical Malpractice Law – defendants for 2015. He was previously recognized as Lawyer of the Year in 2014 in the area of Personal Injury Litigation – Defendants, in 2012 for his work in Medical Malpractice Law – Defendants and in 2011 for his work in Medical Malpractice Law. Ken has been selected by his peers for inclusion in Best Lawyers in America every year since 2005 in the areas of Health Care Law, Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants.
In 2010, Ken was named to the Corporate Counsel Edition of Super Lawyers in the area of Medical Malpractice. Ken has also been named to Missouri & Kansas Super Lawyers from 2005-2016 in the area of Medical Malpractice. In addition, Ken has been named to the list of Top 50 St. Louis Super Lawyers eight times and Top 100 Missouri & Kansas Super Lawyers ten times. In 2007, he was named to the Top 10 Missouri & Kansas Super Lawyers. Ken served on the Board of Directors of the Missouri Organization of Defense Lawyers from 2012 – 2014.
He earned his B.A. at Washington University in 1974.
Co-Presenter, “Illinois Work Product and Attorney-Client Rules and Practice Recommendations,” Sandberg Phoenix Professional Development Series
Significant Litigation Experience (Last 10 Years)
Krueger v. Mercy Hospital. This was a suit for equitable indemnity seeking $9 million previously paid in a MVA case to settle claims brought by a brain damaged individual. The settling defendant sought to recover the settlement amount claiming the brain damage was due to medical mismanagement. We received a defense verdict after seven days of trial.
Thomas v Mercy Hospital and Mercy Clinic. Ken Bean and Bobbie Moon received a defense verdict on March 27, 2015 following a two week trial in Franklin County, Mo on this OB medical malpractice action involving a child with cerebral palsy and mental retardation.
Klemp-Bradshaw v Mercy Clinic, et al. This was an OB medical malpractice action involving a brain injured child. This was tried in 2014 and resulted in a defense verdict.
C. Martin v SSM Health Care, et al. This was a pediatric ER wrongful death case. This was tried in St. Charles County in 2014 and resulted in a defense verdict.
Key v. SSM Health Care. This was a stroke case alleging inadequate DVT prophylaxis after a total knee surgery. We received a defense verdict in 2013 after a seven day trial.
Johann v. St. Anthony’s Medical Center. This was a fall where the patient developed a SAH and arachnoiditis. We received a defense verdict in December 2012 after a five day trial.
Reynolds v. C. Group Psychiatric Services. This was an in-hospital suicide case tried and won in St. Louis County in February 2011.
Avichail v. St. John’s Mercy Medical Center. This pediatric medical malpractice action was tried in the US District Court for the Eastern District of Missouri in October 2010, and after 7 days of trial the jury returned a defense verdict.
Swain v. Mercy Medical Group. This pediatric wrongful death action was tried to a St. Charles County jury in February 2010 and resulted in a defense verdict after a four day trial.
Palliser v. Saint Louis University. This pediatric malpractice case was tried in the City of St. Louis in October 2008. The child has dyskinetic CP. We received a defense verdict after a nine day trial.
Stuck v. St. John’s Mercy Medical Center. This OB malpractice action was tried in St. Louis County in September 2008. The child had CP and mental retardation. We received a defense verdict after a ten day trial.
Hicks v. Heart Health Center, P.C. This was a medical malpractice, wrongful death action involving the alleged failure to diagnose and timely treat chronic thromboembolic disease. The matter was tried in August 2006 and resulted in a unanimous defense verdict.
Herndon v. SSM Medical Group. This was a paraplegia case involving the alleged failure to timely diagnose a T-spine tumor. The case was tried in St. Louis County and after eight days resulted in a defense verdict.
Crockett v. SSM Medical Group. This was a medical malpractice action involving an injury to an aberrant posterior duct in a laparoscopic cholecystectomy. The matter was tried in May 2006 and resulted in a unanimous defense verdict.
Daffron – Gardner v. St. Anthony’s Medical Center. This was a hospital acquired MRSA wrongful death action. The matter was tried in May 2006, and resulted in a unanimous defense verdict.
Significant Appellate Cases
Budding v. SSM Health Care. This products claim involving a Vitek TMJ implant was tried in the City of St. Louis in 1998. We received a defense verdict, but the Court of Appeals reversed. The Missouri Supreme Court accepted transfer, and adopted our argument that Missouri law does not recognize product liability claims against hospitals. Budding v. SSM Health Care, 199 S.W.3d 678 (Mo. banc 2000).
Heffner v. Doctor’s Regional Medical Center. This OB twin death case was tried in Butler County, Missouri in 1997 and resulted in a defense verdict and affirmed on appeal, 996 S.W.2d 660 (Mo. App. 1999). Ken created new venue law in this case.
Washington v. Barnes Hospital. This was an OB medical malpractice action tried and lost in the City of St. Louis. On appeal we created an exception to the Collateral Source Rule, which now allows Missouri defendants to tell the jury about the free services available to disabled children through the Special School System. Washington v Barnes Hospital, 897 S.W. 2d 611 (Mo. banc 1995).