Arthur F. Roeca

Experience:
Medical Malpractice Defense of heart surgeon in wrongful death action involving postoperative coronary artery bypass patient who developed cardiac tamponade; defense verdict
Medical Malpractice Defense of orthopedic surgeon accused of failing to timely diagnose spinal cord lesion resulting in loss of function of lower extremity; defense verdict
Medical Malpractice Defense of heart surgeon in double wrongful death action arising out of administration of blood products tainted with HIV during coronary artery bypass surgery and alleged failure to warn spouse who also became infected; both died from aids-related complications; defense verdict
Medical Malpractice Defense of family practitioner in wrongful death action accused of failing to diagnose and/or refer patient for cardiologic workup resulting in myocardial infarction; defense verdict
Medical Malpractice Defense of oral surgeon in wrongful death action for alleged premature discharge of sedated patient following office surgery; defense verdict
Medical Malpractice Defense of ophthalmologist for alleged negligently performed cataract surgery resulting in loss of vision; defense verdict
Medical Malpractice Defense of surgeon for alleged negligent failure to adequately test post-biopsy tissue to detect and prevent spread of breast cancer; plaintiff verdict
Medical Malpractice Defense of anesthesiologist in wrongful death action for alleged failure to medically screen asthmatic prior to administration of spinal anesthetic resulting in bronchospasm and brain injury; defense verdict as to as to anesthesiologist; multimillion verdict as to co-defendants.
Medical Malpractice Defense of gynecologist for alleged negligently performed laparoscopic surgery causing perforated small intestine; complications included peritonitis, near death, prolonged ICU stay, severe disfigurement and loss of function; defense verdict affirmed on appeal in Taylor v. Winston, 112 Hawai'i 148, 144 P.3d 596 (App. 2006) (unpublished decision).
Medical Malpractice Defense of radiologist accused of negligent failure to detect arterio-venous malformation on head CT scan of child which eventually ruptured, rendering teenage athlete neurologically devastated; defense verdict affirmed on appeal in Stallworth v. Boren, 99 Hawai'i 287, 54 P.3d 923 (App. 2002)
Medical Malpractice Defense of neurologist accused of negligent failure to diagnose spinal tumor in child which progressed leaving patient paralyzed below umbilicus; defense verdict
Medical Malpractice Defense of radiologist for alleged negligent failure to detect fetal anomaly on prenatal ultrasound thereby preventing termination of pregnancy; alleged wrongful life; defense verdict
Medical Malpractice Defense of plastic surgeon accused of negligence in performing multiple cosmetic eyelid surgeries which resulted in permanent loss of vision; defense verdict affirmed on appeal in Swink v. Cooper, 77 Hawai'i 209, 881 P.2d 1277 (App. 1994)
Medical Malpractice Defense of obstetrician accused of negligently failing to diagnose & treat premature contractions resulting in premature delivery and death of newborn; defense verdict
Medical Malpractice Defense of obstetrician accused of negligent failure to diagnose & treat preterm labor resulting in premature birth & newborn death; defense verdict
Medical Malpractice Defense of obstetrician alleged to have negligently failedAlleged negligent failure to diagnose fetal distress on fetal heart tracing and to timely perform emergency c-section resulting in severe brain injury; defense verdict
Medical Malpractice Defense of family practitioner accused ofAlleged negligent failure to timely treat infant's infection and failure to address developing status epilepticus, hypoxia and seizures prior to permanent severe brain injury; defense verdict affirmed on appeal in Li v. Estate of Pershing, 103 Hawai'i 180, 80 P.3d 1001 (2003)(unpublished decision)
Products Liability Defense of crane manufacturer in wrongful death action arising from crane accident -- alleged crane sold decades before accident was defectively designed/ manufactured causing accident and death of operator; directed verdict on implied warranty, defense verdict on negligence and punitive damages, JNOV granted on express warranty, affirmed on appeal after partial remand in Torres v. Northwest Engineering Co , 86 Hawai'i 383, 949 P.2d 1004 (App. 1997); and Torres v. Northwest Engineering Co, 94 Hawai'i 206, 9 P.3d 518 (App. 2000) (affirming directed verdict on implied warranty, affirming JNOV on express warranty, and affirming verdict in all other respects, unpublished decision).
Products Liability Defense of helicopter engine manufacturer alleged to have defectively designed & manufacture gas turbine engine; engine failure preceded helicopter accident resulting in personal injury to pilot and property damage and economic loss to owner; defense verdict
Negligence Defense of owner of truck involved in rear end collision with passenger car; passenger alleged severe permanent psychiatric injuries from impact; verdict returned less than offer
Insurance Bad Faith Defense of insurer against whom homeowner sought multimillion dollar damages for alleged bad faith failure to respond to property damage; defense verdict
Insurance Bad Faith Alleged failure to defend and/or indemnify insured for multimillion dollar lawsuit; summary judgment decided in client's favor, and affirmed by Hawaii Supreme Court in Hawaiian Holiday Macadamia Nut Co., Inc. v. Industrial Indem. Co., 76 Hawai'i 166, 872 P.2d 230 (1994)
Medical Malpractice Defense of orthopedic surgeon in case involving alleged negligent failure to utilize standard internal fixation device to reduce femoral fracture resulting in permanent loss of use/function lower extremity; defense verdict
Negligence, Dram Shop and Hotel Security Defense of hotel in wrongful death action stemming from altercation between patrons in bar on hotel premises resulting in death of female; defense verdict for hotel security affirmed in Myers v. South Seas Corp., 10 Haw.App. 331, 871 P.2d 1235 (1992)
Medical Malpractice Defense of pediatric surgeon for alleged wrongful death from high risk surgical biopsy of mediastinal mass in adolescent patient who did not survive anesthetic; compromise verdict in favor of plaintiff
Products Liability Defense of general contractor for alleged property damage arising out of water fixture failure in commercial building resulting in massive water damages; defense verdict

Additional Experience:
Mr. Roeca has been an invited speaker and instructor for numerous organizations including: Hawaii Institute for Continuing Legal Education; National Business Institute; Practicing Law Institute; Hawaii Hotel & Resort Association; Hawaii Bar Association; Hawaii Medical Association; Physicians Insurers Association of America (PIAA); Medical Insurance Exchange of California; Hawaii Physician’s Indemnity; The Doctors Company; John A. Burns School of Medicine, University of Hawaii; University of Iowa Medical School, Department of Anesthesia; Opthalmic Mutual Insurance Company (OMIC); Oral and Maxillofacial Surgeons €€National Insurance Company (OMSNIC).

Practice Areas:
Medical Malpractice; Insurance Defense; Legal Malpractice; Personal Injury; Premises Liability; Product Liability; Bad Faith Litigation; Directors & Officers Liability; Toxic Torts; Aviation Litigation

Education:
University of California at Los Angeles (B.A., 1970); Southwestern University (J.D. cum laude, 1975); Member, Southwestern University Law Review, 1974-1975. Author: Note, Use of the Bifurcated Trial to Avoid Collateral Estoppel and the Expanding Concept of Final Judgment, 7 Southwestern Univ.L.R. 161 (1975).

Admissions:
California (1975); Hawai'i and District of Hawai’i (1976); Ninth Circuit Court of Appeals (1981)

Publications:
Author: Note, Use of the Bifurcated Trial to Avoid Collateral Estoppel and the Expanding Concept of Final Judgment, 7 Southwestern Univ.L.R. 161 (1975). Contributing Author: Toxic Torts (Shepard's McGraw-Hill 1984). Faculty Member who assisted in writings for presentations with: Hawaii Institute for Continuing Legal Education seminar on Medical Malpractice; National Business Institute seminars on Tort Damages and Personal Injury Litigation Practice; Practicing Law Institute seminars on Premises Liability.

Published Decisions:
Samonte v. Bauman, 264 Fed.Appx. 634 (9th Cir. 2008) (prisoner civil rights re medical care)
Nesbit v. HFC Dental Dept., 298 Fed.Appx. 543 (9th Cir. 2008) (prisoner civil rights re medical care)
Hawaii v. Abbott Laboratories, Inc., 469 F.Supp.2d 842 (D.Hawai'i 2006) (products liability)
Doe v. Grosvenor Center Associates, 104 Hawai'i 500, 92 P.3d 1010 (App. 2004) (tort /assault)
Stallworth v. Boren, 99 Hawai'i 287, 54 P.3d 923 (App. 2002) (medical malpractice)
Stone ex rel. Estate of Stone v. Frontier Airlines, Inc., 256 F.Supp.2d 28 (D.Mass. 2002) (pro hac vice, tort/wrongful death)
Omori v. Jowa Hawaii Co., Ltd., 91 Hawai'i 157, 981 P.2d 714 (App. 1999) (in utero tort and workers compensation)
Garcia v. Kaiser Foundation Hospitals, 978 P.2d 863, 90 Hawai'i 425 (1999) ) (medical malpractice)
Torres v. Northwest Engineering Co , 86 Hawai'i 383, 949 P.2d 1004 (App. 1997) (products liability, wrongful death)
Hum v. Dericks, 162 F.R.D. 628 (D.Hawai’i 1995) (medical malpractice/ products liability)
Christiansen v. Big Island Fish Connection, Inc., 885 F.Supp. 207, 1995 A.M.C. 669, (D.Hawai'i 1994) (tort/ admiralty)
Swink v. Cooper, 77 Hawai'i 209, 881 P.2d 1277 (App. 1994) (medical malpractice)
Sentinel Ins. Co., Ltd. v. First Ins. Co. of Hawai'i, Ltd , 76 Hawai'i 277, 875 P.2d 894 (1994) (insurance coverage)
Hawaiian Holiday Macadamia Nut Co., Inc. v. Industrial Indem. Co., 76 Hawai'i 166, 872 P.2d 230 (1994) (insurance coverage)
Nakamura v. Industrial Ins. Co. of Hawaii, Ltd., 794 F.Supp. 1012 (D.Hawaii,1992) (insurance coverage)
Myers v. South Seas Corp., 10 Haw.App. 331, 871 P.2d 1235 (1992) (tort /assault)