Russell Makepeace, Shareholder

Biography

Russell is a trial lawyer and healthcare consultant. He solves system-level and patient-specific problems involving regulatory compliance, clinical care and forensic psychiatry in matters before State and Federal courts, governmental commissions, probate forums and the State Board of Registration for the Healing Arts. He practiced in Southwest Missouri before joining the St. Louis office of Sandberg Phoenix where he has served in numerous mentoring and leadership roles, including as the firm’s Marketing Partner during its period of greatest growth. For the past ten years he has chaired the Hospital Defense Group, the largest of its kind in St. Louis with more than 30 attorneys. The group manages conflict at the intersection of tort law, medicine and governmental regulation such as HIPAA, HITECH, EMTALA and the Affordable Care Act (“Obamacare”). Members of this unique team defend the most complex, high-exposure cases filed against medical providers in the region.

In the courtroom, Russell serves as lead trial counsel for some of the largest medical providers in the metropolitan area. He has defended litigation involving virtually every medical specialty, with particular focus on cases involving obstetrical emergencies and birth trauma. His clients include the BJC Health System and Tenet Healthcare Corporation. His 2013 defense verdict in Gilvin v. Barnes-Jewish Hospital was ranked as one of the ten largest defense verdicts of the year by Missouri Lawyers Weekly. His verdict in Gully v. Barnes-Jewish Hospital ranked on the same list in 2017. He has been named a Super Lawyer by Missouri & Kansas Super Lawyers every year since 2014, a distinction based on peer ratings. He was recognized as a Rising Star in the area of “Personal Injury Defense: Medical Malpractice” by the same publication from 2010-2013, following his recognition by Missouri Lawyers Weekly as one of Missouri’s “Up & Coming Lawyers” in 2008.

Russell’s appellate experience includes work before various Federal and State appellate courts in both Missouri and Illinois. He was the lead brief writer on behalf of all intervenors when Missouri’s concealed weapons law was challenged in the Missouri Supreme Court in 2004. Reported cases include:

Woodall v. Christian Hospital NE-NW, 473 S.W.3d 649 (Mo. App. E.D. 2015)

Bohac v. Walsh, 223 S.W.3d 858 (Mo. App. E.D. 2007)

Brooks v. State, 128 S.W.3d 844 (Mo. 2004)

Witters v. Hicks, 338 Ill. App. 3d 751, 790 N.E.2d 5 (Ill. App. 5 Dist. 2003)

Bella v. Turner, 30 S.W.3d 892 (Mo. App. S.D. 2000)

Background

Civic Activities
Russell is a member of the Missouri Botanical Gardens, the St. Louis Art Museum, Laumeier Sculpture Park, the Washington University School of Law Alumni Association and the New City School Board of Trustees.

Professional Activities

Russell is admitted to practice law in the states of Missouri and Illinois. He is a member of the Missouri Bar Association, the Illinois State Bar Association, the Missouri Society of Health Care Attorneys and the Missouri Adult Day Services Association.

Education

Russell earned his Juris Doctor from Washington University School of Law in 1999, where he was a Scholar at Law and the recipient of the Ronald J. Foulis Memorial Scholarship. He served as Associate Editor of the Journal of Urban and Contemporary Law.

Prior to law school, Russell attended Southwest Missouri State University as a Presidential Scholar after being named a National Merit Scholarship finalist. He earned his B.A. in History, summa cum laude, in 1996, with a minor in Religious Studies. In 1995 he worked for the Israeli Antiquities Department on the Banais archaeological expedition in northern Israel.

Recent Presentations and Publications

Presenter: Medical Group Management Association, Patient Privacy: an Overview of Medicare’s Red Flags Rule, HIPAA, and the HITECH Act. (2010).

Moderator: National Business Institute, Anatomy and Physiology 101 for Attorneys, (2010).

Using Doctors to Sue Doctors, (NBI), April 2010.

The Battle Lines in Healthcare Reform: Dialysis and Death Panels, IN THE KNOW (MoADSA), October 2009.

The Battle Lines in Healthcare Reform, IN THE KNOW (MoADSA), May 2009.

Competence and Consent: Guardianship in the Health Care Setting, IN THE KNOW (MoADSA), January 2009.

What HIPAA Hath Wrought: the Future of Electronic Records, IN THE KNOW (MoADSA), October 2008.

Hospitals, Health Care and Market Share, IN THE KNOW (MoADSA), July 2008.

Presenter: Lorman Education Services, Balancing a Patient’s Right to Privacy with a Doctor’s Right to Defend: How HIPAA and other privacy constraints impact complex litigation. (2007).

Presenter: The Missouri Bar Seminar on Legal Trends & Recent Developments in Hospital Litigation, The Impact of HB 393 on Hospital Litigation. (2007).

 

BIOGRAPHY

Russell is a trial lawyer and healthcare consultant. He solves system-level and patient-specific problems involving regulatory compliance, clinical care and forensic psychiatry in matters before State and Federal courts, governmental commissions, probate forums and the State Board of Registration for the Healing Arts. He practiced in Southwest Missouri before joining the St. Louis office of Sandberg Phoenix where he has served in numerous mentoring and leadership roles, including as the firm’s Marketing Partner during its period of greatest growth. For the past ten years he has chaired the Hospital Defense Group, the largest of its kind in St. Louis with more than 30 attorneys. The group manages conflict at the intersection of tort law, medicine and governmental regulation such as HIPAA, HITECH, EMTALA and the Affordable Care Act (“Obamacare”). Members of this unique team defend the most complex, high-exposure cases filed against medical providers in the region.

In the courtroom, Russell serves as lead trial counsel for some of the largest medical providers in the metropolitan area. He has defended litigation involving virtually every medical specialty, with particular focus on cases involving obstetrical emergencies and birth trauma. His clients include the BJC Health System and Tenet Healthcare Corporation. His 2013 defense verdict in Gilvin v. Barnes-Jewish Hospital was ranked as one of the ten largest defense verdicts of the year by Missouri Lawyers Weekly. His verdict in Gully v. Barnes-Jewish Hospital ranked on the same list in 2017. He has been named a Super Lawyer by Missouri & Kansas Super Lawyers every year since 2014, a distinction based on peer ratings. He was recognized as a Rising Star in the area of “Personal Injury Defense: Medical Malpractice” by the same publication from 2010-2013, following his recognition by Missouri Lawyers Weekly as one of Missouri’s “Up & Coming Lawyers” in 2008.

Russell’s appellate experience includes work before various Federal and State appellate courts in both Missouri and Illinois. He was the lead brief writer on behalf of all intervenors when Missouri’s concealed weapons law was challenged in the Missouri Supreme Court in 2004. Reported cases include:

Woodall v. Christian Hospital NE-NW, 473 S.W.3d 649 (Mo. App. E.D. 2015)

Bohac v. Walsh, 223 S.W.3d 858 (Mo. App. E.D. 2007)

Brooks v. State, 128 S.W.3d 844 (Mo. 2004)

Witters v. Hicks, 338 Ill. App. 3d 751, 790 N.E.2d 5 (Ill. App. 5 Dist. 2003)

Bella v. Turner, 30 S.W.3d 892 (Mo. App. S.D. 2000)

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