Menu
Get Social:
WICHITA, KS | KANSAS CITY
EQUITY BANK BUILDING
7701 E. KELLOGG, STE. 415 WICHITA, KS 67208

James R. Howell

James R. Howell Partner

After 18 years of litigation practice with several of the most successful trial lawyers in Kansas, James R. Howell joined Prochaska, Howell & Prochaska as a partner in 2002. With settlements and verdicts in excess of $25 million, Jim litigates personal injury cases that include medical malpractice, product liability, wrongful death, construction accidents, and motor vehicle accidents. Jim attended Wichita State University and Washburn School of Law, receiving degrees with honors in economics, business and law. He entered professional law in 1987, and quickly discovered a talent for helping the injured.

Jim has long subscribed to a conviction that every person who has been injured is entitled to the best representation available. It doesn’t matter who they are, the cost, the severity of the injury, or how complex the litigation. Jim’s focus has always been to build a sincere professional and personal relationship with those he represents. He works hard to win them fair and just compensation to help them recover from financial loss, physical injury and mental suffering. Jim’s care and concern continues long after his clients’ recovery.

Through a number of professional legal associations, Jim is a frequent lecturer at legal seminars, a prolific writer of legal articles, and enjoys extensive involvement in various local, state and national bar associations. To promote affordable and quality education, Jim also serves on the Board of Trustees of Butler Community College. Jim makes time for his loving wife and 2 children, music, vintage car restoration, carpentry, and landscaping.

Jim’s Recent Successes

  • $23 Million settlement on behalf of client who suffered devastating brain injury after delayed c-section.
  • $22 Million settlement on behalf of hypoxic brain injury victim due to delayed emergency c-section after signs of fetal distress.
  • $22 Million settlement on behalf of a working mother of two who was put in a persistent vegetative state due to nursing negligence, under-staffing and the hospital’s failure to implement policy changes recommended by JCAHO involving ventilators leaves.
  • $20 Million settlement for a medication error that resulted in severe hypoxic brain damage of a newborn twin.
  • $20 Million settlement on behalf of a client who suffered from profound hypoxic brain injury due a physician’s failure to perform a c-section following fetal distress caused by external cephalic version.
  • $20 Million settlement against a medical resident, faculty supervisor and obstetrician whose failure to diagnose placental abruption led to profound hypoxic brain injury.
  • $16 Million settlement against a family practice doctor who failed to properly diagnose a baby for twisted bowel, which resulted in a late surgery and an infant fatality.
  • $15 Million settlement on behalf of a man that experienced abdominal pain and went to see a surgeon. Surgeon performs gall bladder removal even though all testing was negative and pathology shows no problem with gallbladder. Patient was permanently disabled.
  • $15 Million settlement  due to the failure to diagnose brain tumor and treat resulting hydrocephalus in teenager leads to permanent brain injury.
  • $15 Million settlement due to the failure to diagnose sub-arachnoid hemorrhage results in quadriplegia.
  • $12 Million settlement due to excessive use of a vacuum extraction and failure to perform a timely c-section resulting in severe hypoxic brain damage.
  • $12 Million settlement on behalf of a man that developed back pain secondary to spontaneous spinal hematoma causing pressure on his spinal cord.
  • $10 Million settlement due to the failure to diagnose and treat a rare kidney virus the led to loss of both the patient’s kidneys, prolonged dialysis and kidney transplant.
  • $10 Million settlement on behalf of an elderly patient hospitalized for dehydration and back pain following a fall at home. Hospitalist failed to work up cause of back pain and the nurses failed to timely report onset of leg paralysis. Patient had a blood pocket from fall that was compressing the spinal cord. Failure to timely diagnose and intervene led to paralysis of legs and complications.
  • $10 Million settlement due to the failure to properly interpret x-ray finding of subluxation of spinal vertebra that caused cord injury and permanent paralysis.
  • $4 Million settlement because of an elevator at a beef packing plant was improperly designed and installed. The cleaning crew entered the elevator and it free falls 25 feet to a concrete pad. The cleaning crew was seriously hurt including amputations, fractures and extensive hospitalization and rehabilitation.
  • $3.2 Million settlement due to the failure to diagnose and treat pulmonary embolism following a gall bladder surgery which resulted in the death of a working pregnant mother with three children.
  • $3 Million settlement due to the failure to diagnose and timely operate on post-operative spinal hematoma which led to permanent loss of bowel and bladder control and leg paralysis.
  • $3 Million settlement on behalf of a patient hospitalized for dissecting aortic aneurysm. The procedure was not properly performed and the patient needed surgery to save bowel, but 50% of it was lost due to delay. Now they are work disabled.
  • $2.5 Million settlement due to the failure to inspect reaving on a crane that resulted in collapse of the boom crane, severance of workers arm and death.
  • $2.2 Million settlement due to the failure to properly assess and monitor a patient admitted to the hospital following a suicide attempt. Patient hangs himself on the door with a t-shirt.
  • $2.2 Million settlement on behalf of a home owner who partnered up with a retired contractor to place a modular home on a pond. A subcontractor was hired to build an elevated deck on the back of the home. The deck is secured to the modular home with nails as opposed to lag bolts. The owner then had a party with many guests on the deck. The deck pulled away from the home, collapsed and fell, killing one and injuring other guests.
  • $2 Million settlement due to the failure to diagnose malignant melanoma which resulted in the fatal spread of cancer and reduced life expectancy.
  • $1.75 Million settlement due to a prescription filled in error that led to a toxic overdose, brain damage and death.
  • $1.75 Million settlement due to the failure to diagnose and treat post-operative bleeding following a colon resection that led to death.
  • $1.5 Million settlement on behalf of a patient that underwent a throat procedure for sleep apnea. They were released the next day, but returned with shortness of breath and inability to swallow. The patient’s oxygen saturations suddenly fell and the nurses failed to report the change to the physician. The patient’s airway closed and they were found dead by the nurse the next morning.
  • $1.6 Million settlement on behalf of a worker guiding a paving machine, who is then run over by the wheel of the machine due to poor design. The patient lost their lower leg.
  • $1.5 Million settlement due to the failure to diagnose dissecting aortic aneurysm by a physicians assistant, radiologist and family practice physician, which ultimately led to death.
  • $1.5 Million settlement on behalf of a patient who was admitted for various ailments. The patient was monitored by the hospital nursing staff and remote care facility using eCare system. The patient’s blood pressure trended down. There was no intervention to correct the patient’s blood pressure by anyone. The patient’s blood pressure falls to critical levels, which causes them to code and die.
  • $1.4 Million settlement on behalf of a woman who was killed by inattentive driving by an operator of a wheat truck. They failed to keep a proper lookout.
  • $1.3 Million verdict to a customer who brushed against an improperly fastened glass shelf at a department store which caused it to fall and strike the foot of the customer, resulting in tarsal tunnel syndrome.
  • $1 Million settlement on behalf of a college student who went to the Emergency Room with severe headaches. The nurse improperly started the IV in the artery of the right hand and gave caustic medication for nausea, which destroyed the artery and blood flow to the patient’s fingers.
  • $1 Million settlement on behalf of a patient that fell and fractured their arm. The emergency room doctor called in the orthopedic surgeon for the repair. The doctor failed to use a protective device while drilling free-hand into the bone to place screws in the rod. The drill bit caught and severed the radial nerve. Nerve grafts were done in an attempt to repair it. There was permanent injury to the hand, restricting a firm grip and the partial use of fingers.
  • $800,000 settlement because of the negligent operation of a crane and improper rigging, causing permanent injury to the patient’s leg and foot.
  • $500,000 settlement due to a nursing home aide causing bi-lateral hip fractures when they transferred a resident from their wheelchair to a whirlpool bath. The patient was hospitalized, which was followed by death.
  • $525,000 settlement due to the hospital’s defective call light system, which led to a patient’s fall and hip fracture. The fracture was missed by the radiologist and family practice physician. A delay leads to avascular necrosis and a hip replacement. The patient made a complete recovery.
  • $250,000 settlement to a man who suffered a herniated disc as a result of a negligent driver running a stop sign. The patient made a complete recovery.
  • $250,000 settlement to a customer who stopped at a local co-op store to have their tires changed. The customer walked across the shop floor and stepped onto a mechanic creeper and fell. The customer sustained injures to the knee and underwent surgical repair.

Bar Admissions

  • Kansas 1987

Education

  • Butler County Community College, Associate of Arts, Business Administration – May 1982
  • Wichita State University, Bachelor of Arts, Business Administration/Economics – May 1984
  • Washburn University School of Law, Juris Doctorate-Law – May 1987
  • Wichita State University, Masters Business Administration, Candidate

Honors and Awards

  • Kansas Association For Justice – Consumer Advocate Award (2010)
  • National Trial Lawyers Top 100 Lawyers (2013)
  • Kansas Association for Justice – Distinguished Service Award (2008)
  • Wichita Business Journal – Best Lawyers – Medical Malpractice Law (2010)
  • Kansas Association For Justice Recognition and Award for Service as the Journal Board of Editors Chair (2005-2013)
  • Million Dollar Advocates Forum
  • Missouri & Kansas Super Lawyers 2007 to 2013
  • The Best Lawyers in America – Medical Malpractice 2013

Professional Associations And Memberships

  • Wichita Bar Association
  • Medical/Legal Committee
  • Civil Practice Committee
  • Kansas Bar Association
  • Fellow
  • Kansas Association for Justice
  • Chairman – Board of Editors of the Journal of the Kansas Association for Justice (2004 – 2013)
  • Chairman – Amicus Curiae Committee ( )
  • American Association For Justice
  • Products Liability Section
  • Medical Malpractice Section
  • American Bar Association
  • American Trial Lawyers Association
  • Million Dollar Advocates Forum

Publications

  • Journal of the Kansas Trial Lawyers Association – Don’t Forget – KTLA is a Friend of the Court
  • Journal of the Kansas Trial Lawyers Association – Future Consequences of a Present Injury – Maximizing Damages
  • Journal of the Kansas Trial Lawyers Association – Loss of Earning Capacity in the “Better Than Before” Client – Maximizing Damages
  • Journal of the Kansas Trial Lawyers Association – The Locality Rule of P.I.K. 3d 123.10, A Hidden Danger
  • Journal of the Kansas Trial Lawyers Association – Diversity Jurisdiction: Is the Move Enough?
  • Journal of the Kansas Trial Lawyers Association – Trucking Accidents Part I – Investigation
  • Journal of the Kansas Trial Lawyers Association – Trucking Accidents Part II – Litigation
  • Journal of the Kansas Association for Justice – Physician’s Right to Elect Treatment To Be Used: PIK 3d 123.11
  • Journal of the Kansas Association for Justice – Nuts and Bolts: Settlements Involving Minors and Incapacitated Persons
  • Journal of the Kansas Association for Justice – Ethics In Handling Medical Records Pre-suit and In Civil Discovery
  • Journal of the Kansas Association for Justice – Depositions-Strategies and Preparation: A Primer
  • Journal of the Kansas Association for Justice – Compensating An Injured Minor – Is Loss of Future Earning Capacity Too Speculative?
  • Journal of the Kansas Association for Justice – Written Discovery – A Bag of Tools Part One
  • Journal of the Kansas Association for Justice – Written Discovery – A Bag of Tools Part Two
  • Journal of the Kansas Association for Justice – Written Discovery – A Bag of Tools Part Three
  • Journal of the Kansas Association For Justice – Watch Out for That Employee Health Care Provider: Notice of Claim Issues
  • Journal of the Kansas Association for Justice – Obtaining Medical Records Under the New Kansas Health Information Technology And Exchange Act
  • Journal of the Kansas Association For Justice – Credibility: Expert Witness on Trial
  • Journal of the Kansas Association For Justice – Non-economic Damage Caps: An Analysis of Miller v. Johnson
  • Journal of the Kansas Association For Justice – Recent Changes in the Expert Rules: A Resolution or New Battleground
  • Journal of the Kansas Association For Justice – Personal Preference Evidence of Expert Witnesses – Cox v. Lesko Revisited
  • Journal of the Kansas Association For Justice – Who is that Mystery Man in the Operating Room? – Manufacturer Representatives Scrub in for Surgery

Presentations and Seminars

  • Wichita Bar Association – Civil Practice – How to Settle a Personal Injury Case
  • Wichita Bar Association – Medical/Legal – Basic Medicine for The Lawyer & Medical Records Update
  • Wichita Bar Association – Medical/Legal – CSI – Wichita – Medical Forensics for the Lawyer
  • Kansas Bar Association – Annual Kansas Health Law Institute – Current Trends in the Use of Expert Witnesses in Medical Malpractice Cases
  • Wichita Bar Association- Civil Practice – ABCs of Motor Vehicle Cases – Investigation to Settlement
  • Wichita Bar Association – Medical/Legal – Use of Expert Witnesses in Personal Injury Cases
  • Wichita Bar Association – Civil Practice – Accidents on Trial – Inside the Mind of the Juror
  • Wichita Bar Association Seminar – Evidence and Civil Discovery in Civil Litigation
  • The Strategy and Use of Expert Disclosures
  • Wichita Bar Association – Evidence and Discovery in Civil Litigation
  • Wichita Bar Association – HIPAA, The Sedgwick County Medical Legal Code & Legal Ethics , Ethics in Handling Medical Records
  • Wichita Bar Association – The Practicalities of the Medical/Legal Arena , Personal Injury Meets Medicaid Law
  • Wichita Bar Association – Useful Tips in Civil Litigation , Ethics In Discovery and Then Some
  • Kansas Association For Justice
  • Deposition Workshop – Introduction to Depositions and Strategy
  • Workshop Faculty
  • Wichita Bar Association – Civil Practice – ERISA and PIP, Ethics in Civil Practice and Lien Reimbursement
  • Kansas Association For Justice
  • Jury Perceptions in Motor Vehicle Cases – Ethics and Then Some – The Lighter Side
  • Kansas Association For Justice – Gathering Case Information For the Auto Case
  • Kansas Association For Justice
  • Annual Crown Center Convention – Deposition Strategy & Tips
  • Kansas Association For Justice – Written Discovery – A Bag of Tools
  • Wichita Bar Association – Effective Use of Written Discovery
  • Kansas Bar Association
  • Gathering Case Information in the Automobile Case
  • Wichita Bar Association – Venue – Choosing the Battleground
  • Wichita Bar Association
  • Obtaining Medical Records Under the New Kansas Health Information Technology and Exchange Act
  • Wichita Bar Association and Kansas Association For Justice
  • Keeping it Simple: The Best Approach to Preparing Experts For Trial
  • Wichita Bar Association – Changes in the Rules on Expert Disclosures
  • Wichita Bar Association – How to Effectively Address Evidentiary Issues With Motions In Limine
  • Wichita Bar Association – Direct Examination of the Expert: Heading Off Cross-Examination

Legal Assistant: Christina Stephen