Kyle Oehmke defends physicians, hospitals, and other medical providers in malpractice litigation at the trial and appellate levels. He also maintains an active practice in the areas of tort and commercial litigation defense.
Prior to joining Hinshaw & Culbertson LLP, Mr. Oehmke worked for two years as an attorney at Brown & James, P.C., a large St. Louis-based civil defense law firm. His practice areas there included insurance law, premises liability, employment law, and complex business litigation. Before that, he served as a law clerk to the Honorable J. Phil Gilbert (U.S. District Court, Southern District of Illinois). Mr. Oehmke has also held a summer associate position with the law firm of Heyl, Royster, Voelker & Allen, a graduate assistantship with SIU’s Paralegal Studies Department, and internships with the Madison County (Illinois) State’s Attorney’s Office and a small bankruptcy firm in his hometown of Centralia, Illinois.
During law school, Mr. Oehmke was elected editor-in-chief of the Southern Illinois University Law Journal. He was also a member of the school’s trial team, which participated in nationwide competitions.
- American Bar Association
- Illinois State Bar Association
- Missouri Bar Association
- St. Clair County Bar Association
Honors & Awards
- Mr. Oehmke is a member of Phi Kappa Phi and received numerous awards during law school, including multiple SIU Academic Excellence Awards and SIU Public Interest Awards, the SIU Law Journal Outstanding Service Award, and the Student Bar Association Service Award. In addition, he was a recipient of the Judge Richard E. Richman Endowed Scholarship and the Donny J. Schmeder Scholarship. Recognized as an
- "Emerging Lawyer" by Leading Lawyers Magazine (2015–2017)
- Kyle, along with his Hinshaw colleague Jeff Glass, obtained a defense verdict on behalf of their client, a medical practice, in Alton, Illinois. The plaintiff sought $750,000 for alleged deviation from the surgical plane in the performance of a tonsillectomy by an otolaryngologist formerly employed by the medical practice. Plaintiff further alleged subsequent cutting, cauterization, and suturing of the glossopharyngeal nerve bilaterally. In support of her claim, the plaintiff testified to an inability to eat solid or semi-solid foods; her medical records reflected a weight loss of approximately 70 pounds within three months of the procedure. Kyle and Jeff argued that the otolaryngologist complied with the standard of care at all times and that the plaintiff’s complaints did not relate to bilateral glossopharyngeal nerve injury. The week-long trial included testimony from experts in the field of otolaryngology, speech language pathology, and neuropathology. After deliberating for only 15 minutes, the jury returned with a defense verdict.
- Defense verdict following a bench trial in St. Louis County, Missouri. The lawsuit stemmed from a commercial lease between plaintiffs and Kyle's client, a recycling company. Plaintiffs brought three causes of action and sought damages in excess of $50,000.00, alleging that Kyle's client improperly withheld rent payments, damaged the real property, converted certain personal property, and failed to pay for undisputed use of a forklift on the property. Following a thorough cross-examination of the plaintiff landlord, the Court specifically found him not to be creditable. Ultimately, the Court returned a defense verdict for Kyle's client on all counts and even assessed costs against plaintiffs.
- Summary judgment in favor of two nurses in a suit pending before the United States District Court for the Southern District Court of Illinois. Plaintiff, a former inmate of Tamms Correctional Center, filed suit against the nurses for deliberate indifference to his medical needs in violation of the Eighth Amendment. Specifically, plaintiff alleged inadequate medical treatment following an altercation with prison staff, improper refusal to transfer him to a hospital outside the prison, and failure to provide follow-up treatment. Kyle argued that plaintiff failed to file a proper grievance against the nurses and thereby failed to exhaust his administrative remedies. The Court agreed and entered summary judgment accordingly. Wilborn v. Ealey, et al., 2015 WL 1258428, Case No. 13-cv-70 (S.D. Ill. Mar. 17, 2015).
- Successful representation of one of the nation's largest not-for-profit providers of community-based behavioral healthcare in a qui tam lawsuit under the federal False Claims Act and Illinois False Claims Act. On the morning of the relator's deposition, he agreed to dismiss all claims against Kyle's client with prejudice.
- "Life as a First-Year Associate" symposium, Illinois Association of Defense Trial Counsel, Southern Illinois University School of Law, Carbondale, Illinois, October 2013
- "Survey of Illinois Law: Medical Malpractice," 35 S. Ill. U. L.J. 645 (2011).
- "Game Over? A Call for Reform in Illinois Insurance Law's Treatment of Test Drivers," 33 S. Ill. U. L.J. 547 (2009) (awarded SIU Best Legal Comment in 2008).
- "Holding on to Creditors' Rights under the ‘Hanging Paragraph' of BAPCPA: Analysis of In re Wright," 492 F.3d 829 (7th Cir. 2007), 33 S. Ill. U. L.J. 95 (2008).
- December 17, 2020
- December 17, 2020Health Care Alert
- December 17, 2020Health Care Alert
- Guidance for Medical Practitioners on the Resumption of Elective Surgeries and Expansion of Non-Coronavirus Service OfferingsMay 8, 2020Health Care Alert
- May 8, 2020Health Care Alert
- September 29, 2017
- June 2, 2016
- April 7, 2015
Mr. Oehmke enjoys concerts, movies, and traveling with friends and family.
- SIU School of Law's Moot Court Competitions, Judge
J.D., cum laude, Southern Illinois University School of Law, 2009
- Editor-in-Chief, SIU Law Journal
B.S., cum laude, Historical Studies and Political Science, Southern Illinois University at Edwardsville, 2006
- U.S. District Court for the Southern District of Illinois