Kristen H. Fowler, Partner

Direct Dial:  502.855.3807

Ms. Fowler is a 2004 summa cum laude graduate of Hanover College and a 2007 magna cum laude graduate of the Indiana University Maurer School of Law. While in law school, Ms. Fowler served as a managing editor of the Indiana Law Journal. Before joining Napier Gault Schupbach & Stevens PLC, Ms. Fowler served as a judicial clerk to Justice Theodore R. Boehm of the Indiana Supreme Court and Magistrate Judge Tim A. Baker of the U.S. District Court for the Southern District of Indiana. 

Practice Areas

  • Hospital and Physician Medical Malpractice Defense
  • Nursing Home Defense
  • Insurance Defense
    • Products Liability
    • Premises Liability

Professional Leadership

Recent Lectures and Publications

  • Co-Presenter, “Just What the Doctor Ordered: Defense Strategies for Kentucky Medical Review Panels,” Kentucky Defense Counsel, November 2017
  • Co-Presenter, “Healthcare Litigation Update,” Louisville Bar Association, June 2017
  • Co-Presenter, “Defending Your Case Against the Pro Se Litigant,” Kentucky Academy of Hospital Attorneys Annual Meeting, May 2016
  • Co-Author, “Defending Your Next Case Against a Pro Se Plaintiff,” Common Defense, Spring/Summer 2016
  • Discovering Juror Misconduct through Social Media, Louisville Bar Association Bar Briefs, June 2015 (with Ashley Gillenwater Eade) 
  • The Importance of Appropriate Medical Records Documentation, Seminar Presenter, Hospital Risk Management Conference, Lexington, KY on  December 17, 2014 
  • Ethics in Settlement Agreements, CLE Presenter, Louisville Bar Association, June 2014  
  • KBA v. Unnamed Attorney—The Case to Read Before Your Next Settlement, Louisville Bar Association, Bar Briefs, June 2014
  • Apportionment and Indemnity—Persisting Myths Post-Degener, Louisville Bar Association, Bar Briefs, November 2012

Leadership/Organizations

  • Louisville Bar Association Litigation Section, 2016 Chair
  • Graduate, NITA Trial Advocacy Program, 2015
  • Member, Kentucky Defense Counsel, Publications Committee
  • Member, Defense Research Institute
  • Louisville Bar Association Litigation Section, 2015 Vice-Chair
  • Louisville Bar Association Leadership Academy, 2012 Graduate
  • Junior Achievement of Kentuckiana Instructor 

Representative Cases

Medical Malpractice Defense 

  • Trial Co-Counsel for hospital on claim alleging that inappropriate nursing care caused wrongful death of 54-year-old man from a post-operative bleed following elective colonoscopy.   Won defense verdict for hospital after six-day jury trial.  Plaintiffs sought 8-figure damages. 
  • Won summary judgment on statute of limitations in case alleging administration of incorrect blood type and risk of future pregnancy complications.  Thoroughly investigated claims, deposed plaintiff, fully briefed and argued summary judgment, and obtained order of dismissal within six months of Complaint.
  • Won summary judgment on all claims in case against hospital alleging negligent credentialing and vicarious liability for physician who allegedly performed surgery despite disabling hand condition and who was suspended by the Kentucky Board of Medical Licensure only weeks after the surgery at issue.
  • Won multiple summary judgments on ostensible agency claims against hospitals for alleged physician negligence.
  • Won summary judgment for hospital on allegations that hospital violated EMTALA in treatment of a young man who allegedly died of pulmonary embolism after three emergency room visits in one week.

Insurance Defense/Premises Liability

  • Won summary judgment in case alleging negligent hiring of independent security personnel. 

Other Results

  • Avoided litigation and any settlement payment by quickly and thoroughly investigating pre-litigation medical negligence claims and conveying their lack of merit to claimant’s counsel.  These included potential claims for alleged misdiagnosis and wrongful death of a young mother, inappropriate administration of narcotics, shoulder injury during surgery, and failure to prevent fall during a seizure.
  • Obtained voluntary dismissal with no settlement payment in several medical negligence cases by obtaining key admissions in plaintiffs’ depositions and by presenting plaintiffs’ counsel with compelling legal argument or medical literature.
  • Obtained favorable early settlement in numerous cases where client decided to pursue early settlement given information learned from thorough initial investigation.   
  • Assisted several physicians in obtaining dismissal of grievance/disciplinary matters investigated by the Kentucky Board of Medical Licensure.
  • Successfully moved to exclude damaging peer review documents from evidence permitted at trial.   

States Licensed

  • Kentucky
  • Indiana

Education

Juris Doctor, Indiana University Maurer School of Law, 2007

  • Magna cum laude
  • Indiana Law Journal, Managing Editor

Bachelor of Arts, Hanover College, 2004

  • Summa cum laude

Judicial Staff Attorney

  • Hon. Justice Theodore R. Boehm, Indiana Supreme Court, Staff Attorney 2007-2009
  • Hon. Magistrate Judge Tim A. Baker, U.S. District Court for the Southern District of Indiana, Staff Attorney 2009-2011