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Attorneys

Russell G. Thornton

- Partner

One of the firm’s most versatile lawyers, founding partner Russ Thornton practices in our medical, drug and products, appellate and business litigation groups. His experience includes years of drug and medical product liability litigation, defense of cardiology, cardiac surgery, gastroenterology and anesthesia cases, regular representation of health care professionals before state licensing boards, and appeals in state and federal courts.

Honors & Recognition

  • AV PreeminentTM Peer Review Rated, Martindale-Hubbell Peer Review Ratings
  • Named to ‘Texas Super Lawyers’ by Thomson Reuters, 2008-2019
  • AVVO Rating 10.0 Superb

Education

  • J.D., Southern Methodist University, 1988
  • B.A. in Political Science / International Relations, Tulane University, 1985

Bar Admissions

  • United States Court of Appeals for the Fifth Circuit State of Texas
  • United States Court of Appeals for the Third Circuit
  • United States District Court, Northern District of Texas
  • United States District Court, Eastern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, District of Colorado

Memberships

  • Dallas Bar Association
  • State Bar of Texas
  • Texas Association of Defense Counsel

Languages

  • Russian
  • French

Presentations

  • “The Law That Governs Products and Medical Malpractice,” Texas State Bar Advanced Medical Torts, Santa Fe, New Mexico, March 2016
  • “Texas Medical Board Complaints,” Health Texas Provider Network New Physician Orientation, Dallas, Texas, October 2015
  • “Texas Medical Board Complaints,” Health Texas Provider Network New Physician Orientation, Dallas, Texas, October 2013
  • “Texas Medical Board Complaints,” Health Texas Provider Network New Physician Orientation, Dallas, Texas, September 2012
  • “Texas Medical Board Complaints,” Health Texas Provider Network New Physician Orientation, Dallas, Texas, September 2011
  • “Texas Medical Board Complaints,” Medical Edge Healthcare Group, Inc. Physician Risk Management Seminar, Dallas, Texas, September 2008
  • “How to Find and Use Medication-Related Information,” Dallas Chapter of the American Association of Legal Nurse Consultants, Dallas, Texas, May 2008
  • “Pharmaceutical Litigation Discovery and How its Lessons Can be Applied to Other Litigation,” American Association of Legal Nurse Consultants National Education Conference, Tampa, Florida, 2008
  • “Pharmaceutical Discovery: Twists, Turns and Dead-Ends,” Texas Association of Defense Counsel Winter Seminar, Lake Tahoe, California, 2007
  • “Healthcare Liability Claims Involving the Use of Pharmaceutical Products,” American Association of Legal Nurse Consultants Nursing Forum, Dallas, Texas, 2005
  • “Informed Consent Considerations in Drug and Medical Product Cases,” Texas Association of Defense Counsel Fall Seminar, Dallas, Texas, November 2004
  • “Defending the Treating Physician,” Mealey’s Baycol Litigation Conference, Amelia Island, Florida, June 2003
  • “Texas Deposition Practice,” Texas Advanced Litigation Skills for Paralegals, Dallas, Texas, February 2000
  • “Legal Update on Breast Implants and Other Breast Cancer Issues,” Presbyterian Hospital of Dallas Breast Cancer Update, Dallas, Texas, February 1996

Publications

  • ‘New Provisions Regarding Texas Medical Board Proceedings,’ BUMC Proceedings 24: 362-363 (October 2011)
  • ‘Considerations in Treating Patients With Chronic Pain,’ BUMC Proceedings 24: 262-265 (July 2011)
  • ‘Responsibility for the Acts of Others,’ BUMC Proceedings 23: 313-315 (July 2010)
  • ‘Texas Medical Board Investigations Revisited,’ BUMC Proceedings 23: 83-86 (January 2010)
  • ‘Future Economic Damages,’ BUMC Proceedings 22: 292-294 (July 2009)
  • “Who is an Expert? A Quick Primer on an Evasive Concept,” BUMC Proceedings 22: 175-78 (April 2009)
  • “Getting Stiffed No Longer Needs to be a Cost of Doing Business: Texas Prompt Pay Provisions,” BUMC Proceedings 22: 83-87 (January 2009)
  • “What is a Health Care Claim Under Texas Law?” BUMC Proceedings 21: 342-346 (July 2008)
  • “Preemption, Tort Reform and Pharmaceutical Claims Part Two: Has the Food and Drug Administration Shown It Is Solely Responsible for the Protection of Patients? Can It Do So? Will It Do So?” BUMC Proceedings 21: 82-92 (January 2008)
  • “Preemption, Tort Reform and Pharmaceutical Claims Part One: Who Will Become the Pharmaceutical Industry’s Insurers (Or Is It Prescribing Physicians and We Do Not Know It?),” BUMC Proceedings 20: 418-422 (October 2007)
  • “Recovery of Medical Expenses in Texas,” BUMC Proceedings 20: 315-318 (July 2007)
  • “Pathological Evidence in Malpractice Trials,” BUMC Proceedings 20: 86-88 (January 2007)
  • “Malice/Gross Negligence,” BUMC Proceedings 19: 417-419 (October 2006)
  • “Death Certificates,” BUMC Proceedings 19: 285-287 (July 2006)
  • “Giving Depositions as a Defendant or an Expert,” BUMC Proceedings 19: 60-63 (January 2006)
  • “Not-So-Obvious Considerations for Professional Liability Insurance,” BUMC Proceedings 18: 408-410 (October 2005)
  • “Practice Pitfalls,” BUMC Proceedings 18: 81-84 (January 2005)
  • “Handling Investigations of the Texas State Board of Medical Examiners,” BUMC Proceedings 17: 374-377 (July 2004)
  • “Package Inserts and the Standard of Care,” BUMC Proceedings 16: 502-508 (October 2003)
  • “The Learned Intermediary Doctrine and Its Effects on Prescribing Physicians,” BUMC Proceedings 16: 359-361 (July 2003)
  • “Handling Requests from Attorneys,” BUMC Proceedings 16: 249-252 (April 2003)
  • “Mediation,” BUMC Proceedings 16: 127-129 (January 2003)
  • “Exemplary Damages,” BUMC Proceedings 15: 441-442 (October 2002)
  • “Settling a Claim Within Policy Limits,” BUMC Proceedings 15: 336-337 (July 2002)
  • “The Limited Use of Inferred Negligence in Medical Cases,” BUMC Proceedings 15: 228-230 (April 2002)
  • “Defending Claims Relating to Prescribing Drugs or Using Medical Devices,” BUMC Proceedings 15: 102-104 (January 2002)
  • “Utilizing Causation,” BUMC Proceedings 14: 455-457 (October 2001)
  • “Disclosure of Personal Information,” BUMC Proceedings 14: 307-309 (July 2001)
  • “New Federal Standards for Privacy of Individual Health Information,” BUMC Proceedings 14: 191-199 (April 2001)
  • “Expert Reports,” BUMC Proceedings 13: 430-432 (October 2000)
  • “The Edges of Physician Liability,” BUMC Proceedings 13: 300-302 (July 2000)
  • “Informed Consent,” BUMC Proceedings 13: 187-190 (April 2000)
  • “Judicial Decision-Making in Litigation,” BUMC Proceedings 13: 94-96 (January 2000)
  • “Considerations for an Expert Witness,” BUMC Proceedings 11: 227-230 (October 1998)
  • “Medical Malpractice,” in Texas Torts Handbook (James Publishing, 1998)
  • “Health Care Providers and Products Liability,” Texas Health Law Reporter Vol. 10, No. 2 (December 1993)
  • “Overview of Mental Health Care Claims,” Viewpoint, Vol. 5, No. 4 (December 1992)
  • “Hospital Liability for Staff Credentialing,” Viewpoint, Vol. 5, No. 3 (October 1992)

Representative Trial Wins

  • Defense verdict for stand alone emergency room in $8 million lawsuit alleging nursing negligence results in CRPS and permanent disability.
  • Defense verdict for a hospital in a $36 million suit alleging failure to timely diagnose and treat a spinal epidural abscess.

Not a complete list of appeal wins. Each case depends on its own facts and legal issues – past outcomes are not a guarantee of future results

Other Representative Matters

  • Appointed to Defendants’ Steering Committee in federal multi-district litigation involving hormone replacement therapy medications
  • Represented multiple Texas physicians in suits arising from prescription of Vioxx, Celebrex, HRT (hormone replacement therapy), and multiple other drugs
  • Represented hundreds of Texas physicians in lawsuits arising from prescription of the statin medication Baycol, the diet drug “Phen-Fen,” the motility drug Propulsid, and the antidepressant Serzone, with 100% success rate in obtaining dismissals in favor of the physicians
  • Defended a large physician specialty group in multi-million-dollar litigation arising from alleged criminal conduct by one of its members
  • Advised physician specialty groups on the creation and implementation of peer review and quality assurance policies and procedures
  • Advised large physician specialty group on handling specific peer review and quality assurance issues related to member physicians
  • Successfully represented physicians and nurses accused of professional misconduct before the Texas Medical Board and Texas Board of Nursing

Representative Appeal Wins

  • Obtained ruling from the Dallas Court of Appeals affirming the trial court’s striking an opponent’s expert witness because of inconsistencies in his opinions and because of the manner in which he reached his opinions.
  • Obtained ruling from the Dallas Court of Appeals affirming the trial court’s ruling the statute of limitations barred teh wrongful dealth and survival actions arising out of the death of a 12-yer old due to aortic dissection.
  • Obtained a ruling from the Tyler Court of Appeals affirming the trial court’s ruling a private east texas hospital was immune from suit under the Texas Court Claims Act because it was operating as a hospital district management contractor.
  • Obtained a ruling from the Texarkana Court of Appeals affirming the trial court’s ruling the emergency Medical standard of conduct applied the care of a patient who was not given tPA for a possible stroke.

Not a complete list of appeal wins. Each case depends on its own facts and legal issues – past outcomes are not a guarantee of future results

Reported Cases

  • Reddic v. East Texas Medical Center Regional Healthcare System,474 S.W. 3d 672 (Tex.2015
  • Van Ness v. ETMC First Physicians,461 S.W. 3d 140 (Tex. 2015)
  • KSADD, LLC v. Williams,2016 Tex. App. LEXIS 8982 (Tex. APP-Dallas)(Aug. 8, 2016)(no pet.)(mem. op.)
  • Gaona v. Garland Surgicare Partners, Ltd,2016 Tex. App. LEXIS 4302 (Tex. App.-Dallas)(Apr. 25, 2016)(pet. filed)(mem. op.)
  • Burks v. Duncan,Tex. App. LEXIS 6360 (Tex. App. – Dallas)(Jun. 15, 2016)(no pet.)(mem. op)
  • In re Shapira,2016 Tex. App. LEXIS 4559 (Tex. App. – Dallas)(Apr. 29, 2016)(orig. proceeding)
  • Durham v. Children’s Medical Center of Dallas,2016 Tex. App. LEXIS 4302 (Tex. App. – Dallas)(Apr 25, 2016)(pet.filed.)(mem. op)
  • East Texas Medical Center Gilmer v. Porter,2016, Tex. App. LEXIS 301 (Tex. App. – Tyler)(Jan. 13, 2016)(no pet.)(mem. op)
  • Phillips v. Jones,2016 Tex. App. LEXIS 162 (Tex. App. – Dallas)(Jan. 7, 2016)(no pet.)(mem. op)
  • Riemenschneider v. East Texas Medical Center-Crockett,2015 Tex. App. LEXIS 13046 (Tex. App. – Tyler)(Dec. 30, 2015)(pet. filed.)(mem. op)
  • East Texas Medical Center v. Delaune,2015 Tex. App. LEXIS 12149 (Tex. App. – Tyler)(Nov. 30, 2015)(pet. filed)(mem. op)
  • Mitchell v. Satyu,2015 Tex. App. LEXIS 1527 (Tex. App. – Dallas)(Jun. 17, 2015)(no pet.)(mem. op)
  • Crocker v. Babcock,2014 Tex. App. LEXIS 11535 (Tex. App. – Texarkana)(Oct. 21, 2014)(no pet.)(mem. op)
  • Wilson v. East Texas Medical Center,2014 Tex. App. LEXIS 9560 (Tex. App. – Tyler)(Aug. 27, 2014)(no pet.)(mem. op)
  • Garza v. Fliedner,2014 Tex. App. LEXIS 8442 (Tex. App. – Dallas)(Aug. 1, 2014)(no pet.)(mem. op)
  • D.W. v. Sawhney,2014 Tex. App. LEXIS 7270 (Tex. App. – Fort Worth)(July 3, 2014)(no pet.)(mem. op)
  • ETMC First Physicians v. Van Ness,2014 Tex. App. LEXIS 3495 (Tex. App. – Tyler)(Mar. 31, 2014)reversed,461 S. W. 3rd 140 (Tex.2015)
  • East Texas Medical Center Regional Healthcare System v. Reddic,426 S.W. 3rd 343 (Tex. App. – Tyler)(Dec. 4, 2013)reversed,(no pet.)(mem. op)474 S.W. 3rd 672 (Tex. 2015)
  • Patterson v. Ortiz,412 S.W. 3rd 833 (Tex. App. – Dallas)(no pet.)
  • Children’s Medical Center of Dallas v. Durham,402 S.W. 3rd 391(Tex. App. – Dallas 2013)(no pet.)
  • Lindsey v. Alder,2013 Tex. App. LEXIS 4544 (Tex. App. – Dallas)(Apr. 9, 2013)(no pet.)(mem. op)
  • Fortner v. Hospital of the Southwest, L.P.,399 S.W. 3rd 373 (Tex. App. – Dallas 2013)(no pet.)
  • Monson v. Allen Family First Clinic, P.A.,390 S.W. 3rd 598 (Tex. App. – Dallas 2012)(no pet.)
  • Lowe v. Jefferson Dental Clinics,2012 Tex. App. LEXIS 3796 (Tex. App. – Dallas)(May 14, 2012)(no pet.)(mem. op)
  • Cortez v. Tomas,2012 Tex. App. LEXIS 1092 (Tex. App. – Fort Worth)(Feb. 9, 2012)(no pet.)(mem. op)
  • Hilcrest Baptist Medical Center v. Payne,2011 Tex. App. LEXIS 9182 (Tex. App. – Waco)(Nov. 16 2011)(mem.op.)(pet. denied)
  • Badhiwala v. Favors, 340 S.W.3d 560 (Tex. App. – Dallas 2011, no pet.)
  • Huynh v. Washington, 339 S.W.3d 309 (Tex. App. – Dallas 2011, no pet.)
  • White v. Willenborg, 2011 Tex. App. LEXIS 1455 (Tex. App. – Fort Worth)(Feb. 24, 2011)(mem. op.)
  • Elam v. Galiondo, 2010 Tex. App. LEXIS 2978 (Tex. App. – Eastland)(Apr. 22, 2010)(mem. op.)
  • Quinones v. Pin, 298 S.W.3d 806 (Tex. App. – Dallas 2009, no pet.)
  • In Re Briscoe, 448 F.3d 201 (3d Cir. 2006)
  • Jones v. American Home Products, 344 F.Supp.2d 500 (E.D. Tex. 2004)
  • Whitnum v. Gunter, 2006 Tex. App. LEXIS 147 (Tex. App. – Dallas 2006)(mem. op.)
  • Hansen v. Starr, 123 S.W.3d 13 (Tex. App. – Dallas 2003, n.w.h.)
  • Huckabay v. Irving Hospital Authority, 879 S.W.2d 64 (Tex. App. – Dallas 1993, writ granted, ord. withdrawn, dism. agr.)
  • Huckabay v. Irving Hospital Authority, 802 S.W.2d 758 (Tex. App. – Dallas 1990, writ denied)

News/Media

  • On August 8,2016, in the case Gaona v. Garland Surgicare Partners, Ltd., 2016 Tex. App. LEXIS 8493 (Tex. App. – Dallas)(Aug. 8,2016)(no pet.)(mem. op.), the DallasCourt of Appeals affirmed a trial court’s ruling his opponent’s claims were barred by the ststute of limitations and the statute of limitations was not tolled under the doctrines of fraudulent concealment or misidentification.
  • On June 15, 2016, in the case Burks v. Duncan, 2016 Tex. App. LEXIS 6360 (Tex. App.- Dallas)(Jun. 15, 2016)(no pet.)(mem. op.),the Dallas Court of Appeals affirmed a trial court’s ruling striking his opponent’s expert witness because of inconsistencies in his opinions and because of the manner in which he reached his opinions.
  • On April 25, 2016, in the case Durham v. Childern’s Medical Center of Dallas, 2016 Tex. App. LEXIS 4302 (Tex. App. – Dallas)(Apr. 25, 2016)(pet. filed)(mem. op.), the Dallas Court of Appeals affirmed the motion for summary judgment in favor of his client based on the statute of limitations in wrongful death and survival actions arising out of the death of a 12-year old due th aortic dissection. The Dallas Court of Appeals held the Open Court’s clause of the Texas Constitution did not prevent running of statute of limitations in wrongful death and survival actions arising out of the death of a 12-year old due th aortic dissection. The Dallas Court of Appeals held the Open Court’s clause of the Texas Constitution did not prevent running of statute of limitations on otherwise untimely wrongful death and survival claims, even though the decedent was a minor at the time of her death.

Practice Areas

Two Energy Square 4849 Greenville Avenue Suite 1150 Dallas, Texas 75206

(214) 954-2200