Active trial practice emphasizing plaintiffs' representation in medical, dental and legal malpractice, catastrophic personal injury, securities and investor fraud, wrongful employment discharge, insurance bad faith, construction defects and other general civil litigation.
Significant Professional Appointments and Positions
Significant Professional Appointments and Positions
Co-Chair - Interprofessional Committee of the Colorado and Denver Bar Associations, 2005 - Present
Member - The Million Dollar Advocates Forum, 2003 - Present
Fellow - Colorado Bar Foundation, 2006 - present
Editor - Professional Malpractice for "Trial Talk," 1988 - present
Significant Recent Trials:
Halgrimson v. Reichert, Pueblo County District Court, Case No. 99 CV 620. Medical malpractice case. Three and one-half week jury trial, May 2002. Won verdict of $701,000. No settlement offer from defendant prior to trial.
Confidential Medical Malpractice Case Arbitrated in January 2003. Won arbitration award of $1,260,238. No settlement offer from defendant prior to trial.
Pragmatic Computing, Inc. Money Purchase Plan, et al. v. Wachovia Securities, NASD Arbitration No. 02-06220. Received arbitration award for investor fraud, including payment of interest and costs, in excess of $400,000, in July 2004. No settlement offer from respondents prior to hearing.
Other Recent Significant Litigation Results:
Recovered on behalf of clients, by way of settlement or satisfaction of judgment or award, total recoveries well in excess of $1 million in each of past four years, including 2002, 2003, 2004 and 2005.
Significant Appellate Cases:
Kauntz V. HCA Healthone, LLC, Colorado Court of Appeals, Case No.: 2005 CA 2341.
Pending case, where underlying malpractice case was settled with physician shortly before trial, but Plaintiffs continued to pursue a separate claim against hospital for negligently credentialing physician to perform epidural procedures at its facility, knowing that physician's entire formal training for epidural procedures amounted to an unmonitored 1 1/2 day week-end course, which the course sponsor admitted should have only been a starting point for formal training. Seminal issue presented on appeal is whether Colorado's Peer Review Act, intended to abrogate the common law of negligent credentialing and immunize hospitals from such claims
Quiroz v. Goff, 46 P.3d 486 (Colo. App. 2002).
Malpractice case which defines when the statute of limitation begins to run where the tort victim knows that he has suffered injury as a result of complications from a medical care provider, but doesn't realize until later that the physician's treatment may have been negligent.
Spoor v. Serota, 852 P.2d 292 (Colo. App. 1992).
Frequently cited case in State of Colorado, which defines doctrine of res ipsa loquitur medical malpractice cases.
Spahr V. Secco, 330 F.3d 1266 (10th Cir. 2003).
Defines in the Tenth Circuit when question of arbitrability is decided by the Court versus the arbitration panel and the applicability of First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995) and Prima Paint Corp. v. Flood & Conklin Mfg, 388 U.S. 395 (1967) to that issue.
State Farm v. Tye, 931 P.2d 540 (Colo. App. 1996).
Frequently cited case in State of Colorado. Established right of underinsured motorist claimant to settle with liability carrier for less than policy limits of liability policy, but still pursue claim under underinsured motorist policy for difference between underinsured motorist coverage limits and amount paid on liability policy, without deduction for difference between amount recovered on liability policy and the liability policy limits.
Bittle v. Brunetti, 750 P.2d 49 (Colo. 1988).
Involved challenge of age old precedent in the State of Colorado, to lack of recognized civil duty of landowners to comply with local ordinances to promptly remove snow and ice from adjoining public sidewalks.
Classes & Seminars
What I Look for in Legal Malpractice Cases, Lawyers' Professional Liability Insurance Risk Management Seminar, Star Insurance Company, 10/08/1998 to 10/08/1998
UM and UIM Coverage, Insurance Issues in Tort Claims Seminar, Colorado Trial Lawyers Association, 02/26/1997 to 02/26/1997
Negligent Credentialing Claims Revisited - the Current Status of the Case Law, Trial Talk 55(1)51, December/January (2005-2006)
Significant Case Law Developments in Legal Malpractice Law: a Twelve Month Review, Trial Talk 55(1)20, December/January (2005-2006)
Significant Medical Malpractice Case Developments: a Twelve Month Review, Trial Talk 55(1)40, December/January (2005-2006)
The True Story of the Statute of Limitations in Healthcare Malpractice Cases - a Bad Result is not Dispositive of When the Statute Begins to Run, Trial Talk 54(1)33, December/January (2004-2005)
Recent Legislative and Case Law Developments in Malpractice Law - a Twelve Month Review, Trial Talk 54(1)7, December/January (2004-2005)
Recent Case Law Developments in Malpractice Law, Trial Talk 52(1)12, December/January (2002-2003)
Claims for Negligent Credentialing and the Shroud of Peer Review, Trial Talk 52(1)30, December/January (2002-2003)
Recent Case Law Developments in Medical, Legal and Clergy Malpractice, Trial Talk 48(1)14, December/January 2000
Recent Case Law Developments in Malpractice, Trial Talk 47(10)13, December/January 1998
Recent Case Law Developments in Malpractice Law, Trial Talk 46(10)5, January 1997
Recent Case Law Developments in Professional Negligence, Trial Talk 44(2)17, February 1995
Recent Case Law Developments in Medical and Legal Negligence, Trial Talk 44(1)11, January 1994
Damage Award Caps in Medical Negligence Cases--And Much More--Schultz v. Metropolitan Pathologists, P.C., Trial Talk 42(8)16, September 1993
United Blood Services v. Quintana -- When Industry Standards are Not Enough, Trial Talk 41(12)359, January 1993
Claim for 'Wrongful Birth' Recognized by the Colorado Supreme Court -- Liniger v. Isenbaum, Trial Talk 38(3)79, March 1989
Colorado's New Health Care Malpractice Statutes, Trial Talk 37(9)281, September 1988
U.S. District Court District of Colorado, 1976
U.S. Court of Appeals 10th Circuit, 1998
U.S. District Court Central District of Illinois, 2006
At Ken Fiedler Injury Law, we believe you should never have to pay the price for someone else’s poor judgment. We understand the hardship and loss that result from a serious injury or wrongful death. Our Denver and Chicago law offices have been fighting on behalf of injury victims and their loved ones for Over 25 years. We leverage that experience and expertise to fight for the compensation you deserve.