Are you a client or a commodity? Rhetoric v Reality |Gunn Slater - Simon Law

Where are they now 🤷‍♂️ | Gunn Slater - Simon Law : Anyan v Mercy / McNeive 

Repost from mirror site: Reddit - r/Saint_Louis_Legal:  https://www.reddit.com/r/Saint_Louis_Legal/comments/1xcbcjc/where_are_they_now_gunn_slater_simon_law_anyan_v/ 

With regard to the birth injury, medical malpractice case of R.A., Sarah, Blake Anyan v Mercy Hospitals East - Dr. Daniel McNeive the question "where are they now" is to some extent rhetorical.

The case is still in the Missouri Court of Appeals, Eastern District being litigated under case #ED113824 a year and a half after the jury rendered their verdict in March of 2025.

The appellants primary argument is the language of a four line text message between plaintiff and defense counsel that established a "high / low" agreement of 8-18 million just nine minutes before the jury rendered their verdict of 48.1 million dollars in favor of the plaintiff.

This high / low agreement in effect, capped the gross recovery amount at 18 million dollars leaving 30.1 million dollars of the gross amount without the scope of financial recovery.

The contention is that after the jury rendered their verdict defense counsel wanted to add "post verdict" stipulations to the high / low agreement, altering or modifying the terms and arguing that the language of the agreement was obscure and that there was not a "meeting of the minds".

Below are the two most recently filed appellate briefs by the respondent and the appellants answers to the respondent brief.

Respondent Brief | Filed on 4/28/2026: CaseNet: Brief of Respondent.PDF 

Appellants Brief - Answers to Respondent Brief | Filed on 5/13/2026: CaseNet: Microsoft Word - ANYAN_S ED113824 - Reply Brief 5-13-26 FINAL(42880679.1).docx 

Below is my Ethos and Disclaimer and the attached image for reference presents my sentiments and opinion.

I am not a judge. I am not an attorney. The only ethos I can cite is a "reasonable person standard" and a rudimentary understanding of medical malpractice claims and litigation. (I myself was involved in a five year med mal practice claim between the years 2019-2024 in the same 21st. Judicial Circuit of St. Louis County and therefore have some primary knowledge of med mal tort litigation.)

I read the appellate briefs of the respondent and appellant filed on 4/28/2026, 5/13/2026 respectively and at this time have only a preliminary, summary, "arm chair" opinion of which as stated is only of a reasonable person standard.

There is more to consider and there is the oral arguments rendered on Aug. 19, 2026 that I do not have available for analysis.

All things considered, the issues at hand are complex. I am not qualified to render a competent opinion. Only that of a reasonable person upon that which I have available for consideration.

With what I have available for assessment, if I were on the appeals court I would affirm and enforce the 18 million dollar cap of the high / low agreement.

I will continue to observe how this case proceeds through the appeals court and what the final disposition will be.

With regard to "sleaze". - If only the public and the jury had any knowledge of the disregard for the dignity of both the public and the sworn venire panel members by plaintiff and defense counsel through a lack of candor to the public and disrespect for the time and good faith work of the jury it would be a source of revulsion. A visceral response that I realize having knowledge.

Conclusion: The black and white is that even though i despise plaintiff counsel, in the final analysis i can set aside my distaste and render a right opinion that is not colored by my contempt.

The "call to action" of this update is for the general public, the consumer, the injured party practicing due diligence while vetting attorneys in consideration for representation is think be "sober" in their assessment and opinion or legal counsel and to understand that the superfluous lexicon and phases such as "compassion", "justice", "champion", "advocacy" etc. are marketing gimmick's. - The true attorney - client dynamic is that your value to the attorney, lawyer, law firm is transactional and can be quantified in dollars and cents.

Prepared By: Albert B. Pepper Jr. consumer advocate, litigant pro se d/b/a Phoenix Rising Productions LLC. A member in good standing with the Society of Professional Journalists (Member #100088792), Online News Association