Cullan & Cullan in the News

Our law firm has often been involved in cases that have been in the news. Read more about some of these cases below.

Civil Battle Not Over for Cullan & Cullan After Judge Dismisses Criminal Charges in Inmate Death Case

In September 2007, Alexander Simoens was an inmate at the Omaha City Jail, where he was sentenced to after driving with a suspended license. He could not complete his jail sentence, however, because he died that month from a bleeding ulcer, after two days of agony and begging for help. No jailer came to his aid, or reported his condition despite his agonizing calls for help. Douglas County District Judge Peter Batallion dismissed the criminal charges brought against the jailers considered responsible for allowing Alexander Simoens to die on the grounds that, according to Nebraska regulations, it is “the facility administrator” of a jail that is required to provide proper medical attention. This does not end the battle for Simoens’ family, however. The Omaha wrongful death attorneys of Cullan & Cullan have filed a civil lawsuit against the city on behalf of Simoens’ grieving family.

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Cullan & Cullan Obtains $1.25 Million Verdict for Omaha Medical Malpractice Case

This week, a jury awarded $4 million to the family of Paul Hustig, who died of colorectal cancer on August 1, 2001. The verdict amount was reduced to $1.25 million by judge J. Patrick Mullen to comply with Nebraska’s medical malpractice awards cap. Brothers Patrick and Joseph Cullan represented Paul Hustig’s wife, Phyllis, and the rest of the Hustig family in their lawsuit against the Methodist Physicians Clinic and Dr. Michael J. Domalakes. They successfully argued that Dr. Domalakes did not remove a polyp found in Paul Hustig’s rectum in 1991, knowing that there was a history of colon cancer in Hustig’s family, and that the same polyp became cancerous, ultimately killing Paul Hustig. The Cullans are considering an appeal, as they believe the medical malpractice cap on jury awards to be unconstitutional and unfair to people who suffer damages at the hands of doctors. The Hustig family and the Cullans hope this substantial verdict will urge the Methodist Physicians Clinic and its doctors more aggressively and attentively perform biopsies and remove polyps so that other families do not suffer the same loss.

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Omaha Physician Fined, Faces Separate Lawsuit from Cullan & Cullan for Patient Death

Nebraska medical malpractice lawyer Patrick Cullan of the law firm of Cullan & Cullan has taken on the case of a man whose wife died from an allergic reaction after receiving antibiotics from Dr. Scott Fasse. According to the Nebraska Department of Health and Human Services, Dr. Fasse was found to have exhibited “a dangerous pattern of practice and reflect a serious neglect” in his methods in addition to giving patients “substandard medical care” and displaying “unprofessional conduct.” Dr. Fasse is expected to pay a $5,000 fine ordered by the state as well as finish a course or courses on a wide range of medical subjects. Moreover, another physician will monitor Dr. Fasse for a year. The state based its decision to reprimand Dr. Fasse on three cases that discovered improper use of several sinus X-rays, overuse and improper use of antibiotic injections, improper use of a nasal swab, and the failure to refer a patient to an ear, nose and throat specialist.

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$1.3 Million Judgment Obtained by Cullan & Cullan in Birth Injury Paralysis Case

A $1.3 million judgment was obtained in a birth injury case by Omaha birth injury lawyers Joseph Cullan and Patrick Cullan of the law firm Cullan & Cullan. Both attorneys helped prove that an Omaha midwife and the Nebraska Methodist Health System were negligent when a male baby suffered paralysis in his right arm during delivery.


The boy is now 4 years old, has had intricate surgeries to bring back some motion in his arm and will need one or more additional surgeries. The $1.3 million is to compensate the boy and his family for medical bills, lost earning capacity, pain, suffering, and attorney fees. The boy is expected to continue to struggle with bone, joint and spine problems in addition to having a right arm that is shorter than the left.

The attorneys proved the boy’s parent’s argument that the certified nurse midwife had incorrectly pulled the infant’s head as well as manipulating his shoulders when he became stuck during delivery at Methodist Hospital. It was also argued that the midwife’s negligence caused three nerves to break, leading to paralysis. In addition, the midwife made the boy’s parents think his delivery would be low-risk. When the midwife induced labor because she thought that the infant would be large, the plaintiffs’ attorneys argued that the infant’s size raising the risk of complications should have prompted the midwife to bring in an obstetrician. The attorneys proved that the baby’s size did cause him to become stuck during delivery and that the midwife didn’t get a physician to help until after the delivery.

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