Appellate Practice
Much like the increasing complexity and specialization of trial law, the field of appellate practice has also evolved in recent years. No longer do clients assume that the trial lawyer is the best person to handle the appeal of an important case; instead, many clients recognize that appellate practice demands a different set of skills than trial practice, as well as an in-depth knowledge of applicable appellate rules.
Having handled numerous appeals in the Kentucky Supreme Court, the Kentucky Court of Appeals, and various federal appellate courts, the attorneys of Thompson Miller & Simpson are able to apply a broad wealth of knowledge and experience to any appeal. Moreover, several of the firm's associates bring first-hand knowledge of the inner workings of the appellate bench by virtue of clerkships on the Kentucky appellate courts.
In addition to handling appeals of its own cases, the firm is often retained as appellate counsel in cases where other firms handled the underlying trials. Our attorneys are also periodically asked to prepare and file amicus ("friend of the court") briefs in Kentucky appellate courts, and in one instance in the United States Supreme Court, on behalf of various non-parties where the legal issues involve some aspect of the public interest.
Notable Wins
january 2026Cox v. UofL Health, Inc., University of Louisville Hospital, et al.
Case involved an episode of intraoperative awareness during an orthopedic surgery. Before trial, the plaintiff sought over $71 million in damages. After we obtained a directed verdict on independent negligence claims and punitive damages, the plaintiff asked the jury to award roughly $30 million. The jury returned a full defense verdict.
april 2025Ortiz v. Lifepoint Health, Inc.
The case involved a vacuum extraction, shoulder dystocia, and fetal demise of LGA infant with multiple skull fractures on autopsy and an informed consent claim for removal of mother’s left ovary during eventual c-section. Plaintiffs asked for $65 million in compensatory damages and suggested another $80 million in punitives and asked the jury to apportion almost all fault to the corporate defendants. This was the first time Lifepoint Health, Inc. had gone trial for its parent company behavior and relationships with its subsidiaries. The jury returned a full defense verdict on all claims against Lifepoint Health, Inc.
december 2023Walker v. Lake Cumberland Regional Hospital, et al.
The newborn was delivered vaginally with several broken bones after unexpectedly presenting in breech position. Significant resuscitative efforts were immediately undertaken and the newborn was airflighted to UK, but passed away roughly 10 hours after birth. The plaintiffs sought $38 million in damages for loss of consortium, pain and suffering, and punitive damages. After an 11-day trial, the jury rejected all of the plaintiffs’ claims and rendered a defense verdict.