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Kevin R. Martin

Dual Board Certified

Attorney Kevin R. Martin is the only Register Nurse and AV Rated Preeminent personal injury lawyer in the State of Wisconsin. Less than 4% of attorneys throughout the country receive dual board certification and less than 5% of attorneys throughout the country achieve AV Rating. The combined expertise in personal injury law and medicine provides the clients of Martin Law Office, S.C. with unparalleled representation.

As a health care provider, Kevin worked in both the hospital and nursing home settings. No attorney can match Kevin’s combination of medical and legal expertise.

Kevin received a Bachelor’s of Science in Nursing, with honors, from Concordia University Wisconsin. As a practicing registered nurse, Kevin specialized in cardiovascular and medical-surgical intensive care. He draws upon his nursing experience and medical knowledge to provide his personal injury clients with unparalleled representation.

Kevin continues to maintain his license as a registered nurse. For over a decade, Kevin taught countless nursing students as an adjunct professor of nursing at Concordia. Kevin taught nurses throughout southeastern Wisconsin in both classrooms and hospitals about the legal aspects of nursing care, including standards of care, assessment errors and medication errors.

Throughout his career, Kevin has represented clients in personal injury law. He’s helped countless people injured by automobile accidents, motorcycle accidents, trucking accidents, medical malpractice, nursing negligence, nursing home negligence, slip and falls (premises liability), unsafe products (product liability) and insurance disputes, including wrongful denial of benefits governed by State law and ERISA-covered insurance plans. Kevin has enabled clients to recover their medical expenses, lost wages and human damages known as pain, suffering, disability and disfigurement.

Areas of Practice

Licensure

  • Registered Nurse – Wisconsin (June 1998)
  • Wisconsin Supreme Court (May 2003) (State Bar No.: 1045748)
  • Eastern District of Wisconsin (May 2003)
  • Western District of Wisconsin (November 2011)
  • Seventh Circuit Court of Appeals (July 2016)

Employment (Current)

  • Martin Law Office, S.C.
  • Founder / Managing Partner

Employment (Past)

  • Cannon & Dunphy, S.C.
  • Partner / Shareholder (1/2011 – 3/2012)
  • Associate (9/2004 – 12/2010)
  • Domnitz, Mawicke & Goisman, S.C.
  • Associate (5/2003 – 9/2004)
  • Concordia University of Wisconsin
  • School of Nursing
  • Adjunct Professor of Nursing (2003 – 2013)
  • 12800 North Lake Drive
  • Mequon, WI 53097
  • St. Mary’s Hospital
  • Registered Nurse (5/1998 – 12/2001)
  • Specialty: Cardiothoracic Intensive Care
  • Sub-specialties: Medical Surgical Intensive Care Unit, Burn Intensive Care Unit, Diagnostic and Interventional Cardiac Care

Education

  • Marquette University Law School, Milwaukee, Wisconsin
  • Juris Doctor (2003)Executive Editor – Elder’s Advisor: Journal of Elder Law (2002); Editor (2001)Vice President: Health Law Society (2001-2002)
  • Concordia University of Wisconsin
  • Bachelors of Science – Nursing (1998)Cum Laude

Honors & Awards

National Honors

  • American Board of Trial Advocates (2017-present)
  • The Best Lawyers in America (2015-present)
  • Martindale Hubble AV-Preeminent Rated (2012-present)
  • The American Society of Legal Advocates Top 100 Litigation Lawyers in Wisconsin (2013-present)
  • Board Certification: National Board of Trial Advocacy: Civil Trial Specialist (2012-present)
  • Board Certification: National Board of Trial Advocacy: Civil Pretrial Specialist (2012-present)

State Honors

  • Thomson Reuters: Super Lawyer
    • Wisconsin Super Lawyers, Personal Injury: Plaintiff (2013-present)
    • The State’s Outstanding Young Lawyers Wisconsin, Personal Injury: Plaintiff (2009-2012)
  • The Trial Lawyers Association
    • Top 40 under 40 (2012-2014)

Law School

  • National Dean’s List – Marquette University Law School
  • Marquette University Law School Scholar
  • Dean’s List – Marquette University Law School
  • Law School Academic Achievement Award (C.A.L.I.; awarded for the highest individual class grade):
    • Pretrial Practice (2003)
    • Health Care Provider Liability (2002)
    • Advanced Issues in Tort Law (2002)
    • Health Care Policy (2001)

Nursing School

  • Sigma Theta Tao (Nursing Honor Society) – Concordia University Wisconsin
  • Dean’s List – Concordia University Wisconsin
  • Virginia B. Root Nursing Scholarship – Concordia University Wisconsin

Professional Organizations

  • State Bar of Wisconsin
  • Wisconsin Association for Justice
  • American Association for Justice
  • Milwaukee Bar Association

Non-Professional Organizations

  • Oak Creek Community Center
  • South Suburban Chamber of Commerce

Boards/Invited Positions & Community Service

  • Wisconsin Association for Justice
    • Member: 2003 – Present
      • Board of Governors: 2014 – Present
        • Regional Officer District 1 / Executive Committee: 2016 – Present
  • Wisconsin Department of Regulation and Licensing: Task Force for Professionals Program
    • Member (2009)
  • St. Matthew School Oak Creek Board of Education
    • Member (2010 – 2011)
    • Chairman (2011 – 2013)
  • St. Matthew Parish Oak Creek
    • Parish Council (2015 – present)
  • Oak Creek High School Mock Trial Team
    • Coach (2012)
  • Concordia University Wisconsin School of Nursing Advisory Council
    • Member (2013 – present)
  • St. Anthony Milwaukee Board of Education
    • Member (2013)

Accreditations (Past)

  • Advanced Cardiac Life Support
  • Intra-aortic Balloon Pump
  • Continuous Venous-Venous Hemofiltration
  • Basic Critical Care

Invited Lectures

Annual

  • Nursing Malpractice – Foundation, Application and Prevention: Concordia University Wisconsin; School of Nursing – Bachelors of Science in Nursing (Traditional Program) (2002 – 2013).
  • Malpractice Issues for the Occupational Therapist: Concordia University Wisconsin (2004 – 2010).
  • Legal Issues and Licensure for the Advanced Practice Nurse: Concordia University Wisconsin; School of Nursing – Masters of Science in Nursing (2005 – 2013).
  • Foundations of Nursing Law: Aurora Health Care Nursing Bachelors Completion Program (2005-2012)
  • Nursing Malpractice: Concordia University Wisconsin; School of Nursing – Bachelors of Science in Nursing (Completion Program) (2005-2013)

Non-Annual

  • Avoiding Nursing Malpractice: Concordia University Wisconsin Nursing Honor Society Annual Reception (Keynote Speaker); Mequon, WI; October 2006.
  • Medical Liability: St. Joseph’s Regional Medical Center Perinatal Grand Rounds (Keynote Speaker); Milwaukee, WI; December 2006.
  • Developing Medical Illustrations for Trial: Wisconsin Association for Justice, Paralegal Section, Winter Seminar; Milwaukee, WI; December 2008.
  • Preparing Medical Records for Use at Deposition and Trial: Wisconsin Association for Justice, Paralegal Section, Winter Seminar; Milwaukee, WI; December 2009.
  • The Reptile, The Economist and Judge Richard Posner: Thinking and speaking conservative during opening statements and closing argument; Wisconsin Association for Justice; Madison, WI; Fall Seminar, October 2012.
  • Motor Vehicle Accidents During Pregnancy: Special considerations; State Bar of Wisconsin; Madison, WI; December 2012.
  • Selecting a Safe Nursing Home; Seminar on Long Term Care; Oak Creek, WI; February 2013.
  • Wisconsin Jury Symposium (Chair); State Bar of Wisconsin; Madison, WI; Moderator of Judicial Panel Discussion on Issues Commonly Seen During Jury Trials; September 6, 2013.
  • Conducting Post-Trial Juror Interviews; State Bar of Wisconsin; Wisconsin Jury Symposium; Madison, WI; September 6, 2013.
  • Wrongful Death Claims: Navigating the Intersection of Tort and Probate Law; State Bar of Wisconsin; Madison, WI; October 3, 2013.
  • Nursing Law and Liability; Bryant and Stratton College, Section of Nursing; Milwaukee, WI; October 23, 2013.
  • Medical Malpractice Case Study: From intake to settlement; Wisconsin Association for Justice, Paralegal Section, Winter Seminar; December 6, 2013.
  • The Mechanics of Cervical Spine Injury in a Motor Vehicle Accident; State Bar of Wisconsin; Madison, WI; December 13, 2013.
  • Advanced Deposition Techniques; McHenry County Bar Association; Elkhart Lake, WI; April 25, 2014.
  • ERISA Subrogation: Issues for the plaintiff’s lawyer; State Bar of Wisconsin; June 16, 2016.
  • Wisconsin Jury Symposium II (Chair); State Bar of Wisconsin; Waukesha, WI; Moderator of Judicial Panel Discussion on Issues Commonly Seen During Jury Trials; September 29, 2016.
  • ERISA Subrogation; Wisconsin Association for Justice, Fall Seminar; October 21, 2016.
  • Medical Discovery Basics for UM/UIM Cases; NBI Seminar; December 6, 2017.
  • Cybersecurity and Law Firms in 2017; Wisconsin Association for Justice Winter Seminar; December 15, 2017.
  • Litigating the Car Crash Case with a Plaintiff with Pre-Existing Injuries; State Bar of Wisconsin; January 18, 2018.

Publications

  • Shortages and Mistreatment – Advantage RN, 11 NURSING MATTERS 2 (April 2002) (editorial).
  • 2002 Supplement – Jury Selection, WISCONSIN TRIAL PRACTICE (1998).
  • If Sensenbrenner Has His Way, Greedy Insurers Will Win, OZAUKEE PRESS, April 3, 2003 at 3A (editorial).
  • 2004 Supplement – Jury Selection, WISCONSIN TRIAL PRACTICE (1998).
  • 2004 Supplement – Medical Examinations, WISCONSIN DISCOVERY LAW (1998).
  • The Paralegal’s Role in Managing the Subrogated Claim; THE VERDICT (SUMMER 2006).
  • Does Wis. Stat. § 628.46 Interest Apply to Self-Insured Retainers?; THE VERDICT (Summer / Fall 2012).
  • Preparing the Retained and Treating Expert Witness for Deposition; THE VERDICT (Summer 2014).
  • Subrogation Rights And The Employment Retirement Income Security Act: Part one: History of ERISA, THE VERDICT (Summer 2015).
  • Subrogation And The Employee Retirement Security Act: Part two: Identifying Plans Covered by ERISA, THE VERDICT (Fall 2015).
  • Subrogation And The Employee Retirement Security Act: Parts three and four: Managing ERISA-covered subrogation liens pre-suit and during litigation, THE VERDICT (Winter 2015).
  • Kevin R. Martin and Drew J. DeVinney, Nursing Home Litigation in the Wake of the Injunction on CMS’s Arbitration Ban, THE VERDICT (Winter 2017).

Published Results (partial listing)

  • Jacques, et al. v. Zurich American Ins. Co., et al.

Ms. Jacques was exiting a local restaurant when she slipped and fell on a puddle of water that was created by an employee of the restaurant and not dried.  As a result, Ms. Jacques fractured her left arm.  This case was settled without a trial for $130,500.00.  This result was published in the Wisconsin Law Journal on July 23, 2012.

  • Lopez, et al. v. American Family Mut. Ins. Co., et al.

Michelle was injured in a motor vehicle accident when a driver ran a red light causing Michelle’s vehicle to t-bone the other car. Michelle put her hands up to brace for impact and the airbags deployed in her hands. Michelle’s wrists were hurt, but the extent of her injuries did not become known until nearly a year after the accident. During that first year, Michelle tried to work in her profession as an aesthetician but struggled because of the pain in her wrists. When medications and therapy failed to stop the pain, Michelle had an MRI that revealed damage to her cartilage and ligaments. Over the next 18 months, Michelle needed four surgeries to correct the damage to her wrists.  During this time, she was without work despite applying for any job that would help her family. The insurance company hired a doctor to say that Michelle’s injuries were because of her work as an aesthetician. Michelle’s treating surgeon said that the injuries were due to the accident.

Michelle’s case went to trial in Milwaukee County in November 2011 with Kevin serving as her attorney. The most memorable part of the case was when Kevin asked Michelle on the stand what she wanted from the jury.  Being a single mother of two children who has been out of work because of the accident, Michelle answered simply, “I just want to take care of my family.”

The jury agreed with Michelle and her doctor and told the insurance company that they were responsible for paying Michelle’s $82,000 in past medical expenses; $121,000 in past lost wages; $80,000 so Michelle could be retained in a new career; $125,000 for past pain, suffering and disability; and $62,000 for future pain, suffering and disability.  The total verdict was $470,000. Kevin held Michelle’s hand as she cried tears of relief when the verdict was being read. Many of the jurors hugged Michelle after the case and gave her best wishes for her future.

This result was published in the Wisconsin Law Journal on December 6, 2011.

  • In Re Estate of Shirley Mueller

Shirley was admitted to a local hospital with dehydration. After recovering, Shirley was ready to be discharged home.  After Shirley had been seated in a wheelchair and while her husband was waiting in the car, a nurse pulled out the central venous catheter that was used to provide her with intravenous fluids. The nurse pulled the catheter out while Shirley was sitting in a wheelchair and in a whip-like fashion. This is not the way nurse are taught to remove these types of catheters because of the potential for injury.

Immediately upon the catheter being removed, Shirley stood up and suffered a stroke in her daughter’s arms.  Shirley died a few days later from the stroke, leaving behind her husband Ralph of over 50 years.

The case was filed in Waukesha County with Kevin as the family’s attorney and settled for $466,000.  This included an award for the Ralph’s lost society and companionship (known as the wrongful death claim), Shirley’s human damages (known as her pain, suffering and disability), and Shirley’s medical and funeral bills. Part of this money was used to reimburse Medicare as it was the hospital’s negligence that caused Shirley to incur $73,000 in medical expenses and the taxpayers should not have to be responsible for paying those bills.

This case was published in the Wisconsin Law Journal on December 6, 2011.

  • Schlichting, et al v. Amco Ins. Co., et al.

Don was returning home after watching a movie. For the trip home, Don was riding his motorcycle, wearing both a helmet and safety glasses.  At the intersection of Racine Ave. and Apollo Dr. in Muskego, just blocks from Don’s home, a man driving an SUV with a boat in tow failed to yield the right of way to Don by turning into Don’s path. Don collided with the passenger side of the SUV, slid down the side of the SUV, collided with the boat, slid down the side of the boat and came to rest on the pavement at the end of the boat. Don was taken from the scene by Flight for Life to Froedtert Hospital where he was diagnosed with bleeding in his brain, multiple facial fractures, multiple facial lacerations, severe damage to his left eye including paralysis of his iris, two fractured teeth, a fractured left clavicle and multiple burns and abrasions. The injury to Don’s left eye was permanent as was the scarring from the burns.

The insurance company attempted to settle the case with a low ball offer. Don’s case went to trial in Waukesha County in April 2011 with Kevin as his attorney. The jury sided with Don and his treating physicians by awarding him $68,640 in past medical expenses; $60,000 in future medical expenses for treatment for his eye and scars; $8,499 in past wage loss; $250,000 for human damages known as pain, suffering, disability and disfigurement; and $100,000 for human damages known as pain, suffering, disability and disfigurement. The jury also awarded Don’s wife $75,800 for past loss of consortium (the negative impact the injuries had on their marriage) and $14,200 for the nursing services she provided to Don while he was at home.

Because of the insurance company’s delay in timely paying Don’s claim, $76,271 was added for costs and interest.  The total award was $653,412.

This case was published in the Wisconsin Law Journal on May 18, 2011.

  • Frye, et al. v. Liberty Mutual Fire Ins. Co., et al.

Frank went to the Sports Show at State Fair Park with his brother and friends.  Frank was enjoying his semi-retirement (he worked part time as a driver for a local car dealership).  On the way home, Frank’s vehicle was rear-ended by a driver who was simply not paying attention.  As a result of the collision, Frank suffering injuries to his cervical spine (neck) and lumbar spine (low back).  Frank needed 3 surgeries to correct the injuries to his spine.

The insurance company attempted to settle the case with a low ball offer.  Frank’s case was filed in Milwaukee County with Kevin representing him.  Prior to trial, the case settled for $425,000.  Part of this money was used to reimburse Medicare as it was the driver’s negligence that caused Frank to incur over $100,000 in medical bills and the taxpayers should not have to be responsible for paying those bills.

This case was published in the Wisconsin Law Journal on September 14, 2010.

  • Pendleton, et al. v. American Family Mut. Ins. Co., et al.

Bernadette was driving to her hair appointment when an unlicensed driver failed to yield the right of way to her at an intersection by turning left in her path.  The vehicles collided corner to corner.  Prior to this collision, Bernadette suffered from a long history of back pain. Because of this history, Bernadette was more susceptible to being injured in an automobile collision.  Bernadette injured her back and needed non-surgical treatment to get back to her baseline.

The insurance company attempted to settle the case with a low ball offer.  Bernadette’s case was filed in Racine County with Kevin representing her.  The case was tried to a jury in September 2009.  The jury sided with Bernadette and awarded her past medical expenses, her past lost wages and for human damages known as pain, suffering, disability and disfigurement.

One of the most memorable parts of this case was the huge hug Bernadette gave Kevin after the verdict was read. Bernadette used part of the money to reimburse her health insurance company.This case was published in the Wisconsin Law Journal in November 2009.

This case also resulted in a letter sent by the foreman expressing his admiration of Kevin’s trial advocacy.

Media Interviews

  • “[Hospital] Sued for Malpractice,” The Business Journal, November 25, 2009
  • This story was about a client that Kevin represented who was injured at a Milwaukee hospital as a result of receiving an overdose of Pitocin during labor and delivery. During this interview, Kevin explained the importance of the lawsuit in order to hold the hospital accountable for his client’s medical bills, rather than the taxpayers.
  • “Hip Replacement Lawsuits Build,” Wisconsin Law Journal, October 15, 2010This story came as the truth of DePuy ASR metal-on-metal implants came to light. During this interview, Kevin drew on his experience in representing individuals who suffered from heart attacks and strokes due to the drug Vioxx in explaining how the DePuy cases would likely proceed in the complex field of mass torts in Multi-District Litigation.  Kevin explained the pros and cons to having these types of cases filed in Multi-District Litigation court versus state court and what happens once the cases are filed in Multi-District Litigation courts.
  • “Total Recall,” Wisconsin Law Journal, January 10, 2011This story was about the burden defective products put on individuals who are injured by them.  Drawing on his experience in representing clients in Vioxx cases, Kevin explained the law relative to the statute of limitations, the deadline for filing a lawsuit, on these types of cases.
  • “Exercise Ball Bursts 84-Year Old’s Lifestyle,” Milwaukee Journal Sentinel, February 14, 2011
  • This story was about an 84-year old man that Kevin represented because of injuries he suffered as a result of a supposedly burst resistant exercise ball bursting as he used it, causing him to fracture his back. The story focused on the frustration the man and his wife had in dealing with the health club and manufacturer of the ball without legal representation. In the story, Kevin explained about the real possibility and danger of companies and insurance companies dragging out litigation in the hopes that the elderly victim will die before the case is resolved. With Kevin’s representation, the judge provided short deadlines in recognition of the man’s age.  The case settled without a trial.
  • “Joining the Hip Recall Fight,” Wisconsin Law Journal, April 11, 2011This story was about the ongoing battle with DePuy and its defective metal-on-metal hip implants.  Kevin served as the lead attorney in this story, explaining the growing number of claims against DePuy, the importance of timely managing those claims, and the likely course the claims were going to take in the complex field of mass torts that are in Multi-District Litigation courts. This story also highlighted Kevin’s successful representation of individuals who suffered heart attacks and strokes as a result of the drug Vioxx.
  • “[Hospital] Hit with Lawsuit… Over Death,” The Business Journal, June 3, 2011This story was about Shirley Mueller, a patient at St. Luke’s who died because a nurse negligently removed a central venous line.  During the interview, Kevin drew on his knowledge of medicine and anatomy and physiology to teach the reporter how these catheters work and why they are used.
  • “Clients Pay More For Medical Records Under Budget Provision,” Wisconsin Law Journal, August 23, 2011This story was about the impact the 2011-2013 state budget had on the cost of allowing injured individuals to obtain their medical records.  Serving as the lead attorney in the story, Kevin explained how the increased costs in receiving medical records were placing a further burden on individuals who were already suffering from lost wages and mounting medical bills.
  • “Warning Signs: Bill would provide obstacle in mass tort cases,” Wisconsin Law Journal, October 21, 2011This story was about the draconian legislation that was pending in the Wisconsin legislature that would curb the rights of women injured by Transvaginal Mesh products.  Kevin served as the lead attorney in this story, explaining how the proposed legislation could potentially eliminate a woman’s right to recover from the manufacturer of these defective products.  Using his nursing background, Kevin taught the reporter from the Wisconsin Law Journal about Transvaginal Mesh Implants, how they were defectively designed and how they were injuring women. Fortunately, after the story was published, the legislation never made its way out of committee and was never passed.
  • “Answering the Siren Call of Solo Practice,” Wisconsin Law Journal, April 23, 2012Kevin was interviewed by the Wisconsin Law Journal relative to the trials and tribulations of opening a law practice.  Specifically, Kevin discussed the opening of Martin Law Office, S.C. after climbing the ladder of associate to partner to shareholder at a larger personal injury law firm.
  • “Martin Law Office sets up benefit fund for business involved in Sikh Temple,” Wisconsin Law Journal, August 21, 2012.Kevin was interviewed about the benefit fund established by Martin Law Office, S.C. to help a local business that was shut down for 2 days and gave everything it could because of the Sikh Temple shooting.
  • “Fox 6 Investigators: Nurse who dropped quad patient telling his side of the story,” Fox 6 News, October 23, 2012This story involved Dennis Chartier, Jr. (“DJ”), who survived a lightning strike and quadriplegia.  Kevin represents DJ’s estate and his mother.  During the interview, Kevin drew on his experience as an attorney, registered nurse and lecturer to nurses throughout Wisconsin to explain the importance of safe in-home patient care and the need to report incidents to the patient’s caregiver.
  • “Once on life support, ‘I’m Sorry’ bill gets another chance,” Wisconsin Law Journal, April 19, 2013This story involved a proposed bill to render inadmissible an apology and admission of fault by a physician to a patient.  Given his background as an attorney who represents plaintiffs in medical malpractice cases and as a registered nurse, Kevin served as the lead attorney in opposing part of this bill.  Kevin explained that there is a difference between “I’m sorry” and “It’s my fault.”  Rendering inadmissible an apology opens lines of communication between a physician and a patient; however rendering inadmissible an admission of fault would violate the Wisconsin evidentiary code.
  • “Mom says $1.1M award is ‘justice’ for dead son,” Fox 6 News, October 2, 2013This was the closing story on the case involving DJ Chartier, a quadriplegic man who died from nursing malpractice.  Kevin tried the case and the judge determined that the nursing malpractice caused $1.13 million in damages, including $700,000 for 7 days of pain and suffering, $350,000 for wrongful death (the mother’s loss of society and companionship) and more than $80,000 for medical expenses.
  • “Man wants city to pay $3.5 million for improper police interrogation,” Milwaukee Journal Sentinel, September 4, 2014.
  • Eddie Gill was a cognitively impaired man who was near the scene of a homicide.  In the days following the incident, Mr. Gill voluntarily presented to the Milwaukee Police Department to provide his knowledge of the incident.  Five detectives over the next three days interrogated Mr. Gill.  After denying that he committed any crime over 100 times and after his repeated requests for counsel were ignored, Mr. Gill signed a coerced confession.  Mr. Gill spent the next year incarcerated for a crime he did not commit.  The Milwaukee Police took over one year to file a witness report that exculpated Mr. Gill because of “work load.”  The judge presiding over the criminal hearing called the actions of the Milwaukee Police Department “egregious”.

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