Robert L. McKenna III is a founding partner at Kjar, McKenna & Stockalper, a liability defense firm in Huntington Beach, California. With years of experience defending medical malpractice cases, McKenna built a reputation as an aggressive litigator in Orange County.
But in August 2022, a celebration video shocked the legal community and led a judge to vacate his verdict. The video showed McKenna admitting the case involved “a guy that was probably negligently killed, but we kind of made it look like other people did it.”
The Enrique Garcia Sanchez Case
In November 2017, Enrique Garcia Sanchez, 49, a forklift operator from El Salvador, was admitted to South Coast Global Medical Center in Santa Ana with severe abdominal pain from alcohol-related pancreatitis. His treating physician, Dr. Essam Quraishi, inserted a feeding tube that accidentally pierced Sanchez’s colon, leading to a fatal infection.
The death certificate placed blame on sepsis and peritonitis resulting from a colon perforated by a tube. Sanchez’s family filed a wrongful death lawsuit against Dr. Quraishi.
Robert L. McKenna III, a medical malpractice lawyer, representing Dr. Quraishi, pointed to unproven errors by other hospital staff and argued that Sanchez died from other causes. He told jurors to disregard the death certificate and questioned testimony from the Orange County Coroner’s Office.
In April 2022, McKenna secured a 12-0 jury verdict in favor of Dr. Quraishi. The case seemed over—until a video surfaced.
The Viral Victory Video
Shortly after the trial, McKenna appeared in a celebration video at his law firm, boastfully recounting his victory to staff. In the recording, McKenna said: “A guy that was probably negligently killed, but we kind of made it look like other people did it.”
He continued: “We actually had a death certificate that said he died the very way the plaintiff said he died, and we had to say, no, you really shouldn’t believe what that death certificate says. Or the coroner from the Orange County Coroner’s Office who says it says what it says and it is right.”
McKenna concluded by boasting: “Overcoming those hurdles, we managed to sock three lawyers in the face.” His remarks were followed by applause as someone rang a “victory bell.”
#LosAngeles lawyer bragging about his client negligently killing the plaintiff in a #medicalmalpractice case….absolutely reprehensible #tortreform #personalinjury pic.twitter.com/qzOVmk3VPd
— torthub (@TheTorthub) May 18, 2022
The video was posted to the firm’s social media page, then quickly went viral. It elicited condemnation within the Southern California legal community before drawing wider attention from the Los Angeles Times and the ABA Journal.
Judge Vacates the Verdict
Jorge Ledezma, attorney for the Sanchez family, filed a motion for a new trial. On August 4, 2022, Orange County Superior Court Judge James Crandall granted a new trial, effectively throwing out McKenna’s verdict.
“When he says on video a ‘guy was probably negligently killed,’ probably is more likely than not,” Judge Crandall said. “Then he goes on to say, ‘But we kind of made it look like other people did it.’ That seems like an admission of negligence. Seems like an admission the plaintiff should have prevailed.”
The judge added: “Well, bragging isn’t a great irregularity. He’s a lawyer. But here’s the problem: bragging that justice wasn’t done, that’s what bothers the court.”
Judge Crandall also expressed concern about McKenna using the phrase “Welcome to America” in his closing argument, noting that Sanchez was from El Salvador. The judge also pointed to a three-week trial break that might have affected jurors’ recall, and noted the jury foreman failed to disclose he had worked as an insurance agent for two years.
McKenna’s Response
McKenna quickly recorded an apology video, stating he didn’t know his comments were being videotaped and that they were taken out of context. He claimed his remarks about “making it look like someone else was responsible” were based on expert opinions, not his own conclusions.
McKenna apologized for what he called his “imprecise” remarks, saying they were “intended purely as an internal briefing to our staff” that he didn’t know would be posted online.
Dr. Quraishi’s new attorney, Kenneth Pedroza, defended McKenna’s comments as hyperbole. “It was a bragging session,” Pedroza said. “My words, not his. Right? And we all do it. The stories get bigger and better every time we brag.”
However, another attorney representing Dr. Quraishi, Scott Nelson, stated that McKenna made “false statements” for “self-aggrandizement” that caused tremendous damage to Dr. Quraishi. Nelson said the doctor received death threats after media coverage of the controversy.
Reaction from the Sanchez Family
Johanna Garcia, a family member, told reporters: “It’s enraging, I never thought lawyers would ring a bell of someone who has passed away.”
Attorney Brian Panish, who represented the family in the new trial proceedings, said: “I looked at this video and I had to put my phone down, I had to go on a walk, because I was enraged. To think of this family losing their patriarch because he was negligently killed.”
Professional Fallout
McKenna no longer represents Dr. Quraishi. Judge Crandall, while ordering the new trial, noted that McKenna was “an excellent lawyer” with a reputation for “honesty and integrity,” adding: “But good men make mistakes. The pope goes to confession.”
The case became a cautionary tale in legal circles about the dangers of hubris and social media in the age of viral videos. Legal ethics experts pointed to the incident as evidence that attorney celebrations—particularly those caught on camera—can have serious consequences when they appear to undermine the integrity of the judicial system.
Conclusion
Robert L. McKenna III’s celebration video serves as a stark reminder that victory in the courtroom doesn’t end when the jury returns its verdict. In an era of smartphones and social media, attorneys must recognize that their words can be captured, shared, and scrutinized—with potentially devastating consequences.
Judge Crandall’s decision to vacate the verdict based on McKenna’s own admissions underscores that the legal system’s integrity matters more than any individual victory. While McKenna called his remarks “hyperbolic,” the judge found them troubling enough to grant a new trial, giving the Sanchez family another chance at justice.
For the legal community, the message is clear: bragging about how you won matters almost as much as whether you won—especially when your boasts suggest justice wasn’t truly served.
Note: McKenna claimed his remarks were hyperbolic and taken out of context. Dr. Quraishi maintains he provided appropriate medical care. The case was set for retrial following Judge Crandall’s August 2022 ruling. The image used is copyrighten by Robert L. McKenna III and used here for for news reporting and informational purposes only under fair use. No copyright infringement intended.
Leave a Reply