BiographyKenneth 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 ten OB medical malpractice actions involving brain injured children and won seven of them. He has tried five psychiatric suicide cases and won four of them. Over the last ten years, he 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 Medical Malpractice Lawyer of the Year” for 2011.
Best Lawyers has named him as one of the best trial attorneys in the country for the last seven, consecutive years in the areas of Health Care Law, Medical Malpractice Law and Personal Injury Litigation.
In 2010, Ken was named to the Corporate Counsel Edition of
Super Lawyers in the area of Medical Malpractice. Ken was also named to
Missouri & Kansas Super Lawyers from 2005-2010 in the Medical Malpractice area. In addition, Ken was included on the
Top 100 Missouri & Kansas Super Lawyers in 2006, 2008 and 2010, the
Top 50 Missouri & Kansas Super Lawyers in the St. Louis area for 2006, 2007, 2008 and 2010, and the
Top 10 Missouri & Kansas Super Lawyers in 2007. Recently, Ken was elected to the Board of Directors of the Missouri Organization of Defense Lawyers.
Litigation ExperienceReynolds 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.
Wilson v. Green. This was a medical malpractice, wrongful death action involving the alleged interaction between Provigil and Coumadin. The matter was tried in April 2006, and we received a directed verdict at the end of the plaintiff's evidence.
Shubert v. Bethesda Health Group. This was an employment discrimination (FMLA) case tried in June 2004 before the U.S. District Court for the Eastern District of Missouri. The court directed a verdict for defendants at the close of the evidence.
Baccus v. Forest Park Hospital. This was a medical malpractice/wrongful death case filed in the Circuit Court of the City of St. Louis. The case was tried to a jury in June 2004 and after a week-long trial, the jury returned a defense verdict.
Cox v. Florissant Valley Surgical, P.C. This was a medical malpractice, wrongful death case tried here in the City to a jury in May 2004. The patient presented with abdominal complaints and there was an alleged failure to timely diagnose the ruptured appendix. The patient died two days after the surgery. The co-defendant internist settled before trial. The co-defendant radiology group settled on the last day of trial. We received a defense verdict for the surgeon and his group.
Scott v. Heart Health Center, P.C. This malpractice case involved a patient who developed BOOP from Amiodarone prescribed by the defendant cardiologist for his A.Fib. We received a defense verdict in April 2003.
Lay v. Good Samaritan Hospital. This was an admitted liability baby case tried in August 2002 in Mount Vernon, Illinois. The plaintiffs inevitably won, but the verdict was $2.5 million less than the non-negotiable demand.
Landers v. Doctor's Regional Medical Center. This emergency department wrongful death case was tried in New Madrid County, Missouri in July 2002 and resulted in a defense verdict.
Tinsley v. Ellis Health Care. This was a paraplegia case due to alleged failure to diagnose transverse myelitis. The case was tried and lost in the City of St. Louis.
Jennings v. Parkland Health Center. This malpractice case was tried in the City of St. Louis in April 2002. The plaintiff fell outside the emergency department and developed a subdural bleed requiring a craniotomy. The case was tried and lost in the City of St. Louis.
McGrath v. Barnes-Jewish Hospital. This was a psychiatric malpractice case. The patient was discharged and went home where he killed his father and wounded his mother. We received a defense verdict on the wrongful death claim, but lost the personal injury claim filed by the mother.
Kellerman v. St. Clement Hospital. This surgical death claim was tried in Randolph County, Illinois, in September 2001. The co-defendant surgeon admitted his fault and blamed our hospital CRNA. The case was lost.
Barbosa v. St. Anthony's Medical Center. This OB shoulder dystocia case was tried in the City of St. Louis in August 2001, and our hospital client received a defense verdict. The jury found against the co-defendant OB.
Kluba v. St. John's Regional Medical Center. This was an OB - vacuum extraction case tried and won in 1999.
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).
Practice Groups -
Health Law
Industries/Areas of Practice - Physicians
- Hospitals
Professional Activities Ken is licensed to practice in the states of Missouri and Illinois.
He is a member of the Missouri Bar Association, the Illinois State Bar Association, the Bar Association of Metropolitan St. Louis and the Missouri Society of Hospital Attorneys.
Ken also serves as General Counsel for the Firm.
Education Ken earned his Juris Doctor from Washington University in 1977, where he was awarded the Order of the Coif.
He earned his B.A. at Washington University in 1974.