NEWS
Goodell, DeVries, Leech & Dann, LLP Salutes our Partner Thomas J.S. Waxter, III on his selection by the Daily Record to receive its "Leadership in Law Award"
Congratulations to Thomas J.S. Waxter, III for being named one of The Daily Record's 2009 Leadership In Law Award Winners. The Daily Record honors 24 members of the legal community with the Leadership in Law Award. The award recognizes those individuals whose leadership, both in the legal profession and in the community, has made a positive impact on our state. Recipients of this award demonstrate outstanding achievements in these key areas: achievement in law; involvement in the profession; support of the community and mentoring.
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No sash, but the competitive streak’s the same
BRENDAN KEARNEY
Daily Record Legal Affairs Writer
April 10, 2009 7:59 PM
As a 21-year-old, Kelly A. Donohue wore an $8,000 Stephen Yearick gown and represented her home state of Maryland at the Miss USA Pageant held that year in the show town of Branson, Mo.
Now an attorney in Baltimore, Donohue, 31, represents health care providers in medical negligence litigation and is generally more understated in her dress.
But a decade after hanging up her sash and retiring her crown, Donohue said she still relies on her experience as a beauty queen — how it taught her to position her feet, as well as think on them.
Answering questions during the interview component of the competition, for example, “causes you to develop an ability to think on your feet and be confident, and I think those are skills that are very transferable to making an opening argument or arguing a motion,” Donohue said.
“There’s quite a bit that goes into it — so much more than people would guess,” she said of pageant prep. “From how you walk, to how you stand to how you position your feet as you stand … and that carries over to how you present yourself in your daily life.”
A Randallstown native, Donohue’s pageant career began in high school and carried into her time at the University of Maryland College Park, where she majored in neurobiology and physiology. Her mother, Debbie, was involved every step of the way.
“It was something my mother and I spent a lot of time doing together,” Donohue said. “Those are really fun things for a daughter to do with her mother.”
She had other help, too: an athletic trainer, an interview coach and a wardrobe consultant. After all, she had to shine in each of the competition’s pieces: swimsuit, evening gown and interview.
Donohue’s first competition was Miss Maryland Teen USA in 1995. In 1996, she moved up to the Miss Maryland USA contest and was fourth runner-up. Undeterred, she showed up again the next year and placed second.
Then she intensified her workout regimen, exercising nearly every day.
In the fall of 1998, she became Miss Maryland.
“I don’t give up. I’m still like that,” Donohue said, adding she was “bound and determined to win.” Likening it to law, she said, “if you haven’t lost a case, you haven’t tried enough cases.”
She said it’s not unusual for girls to compete once or twice “to get a flavor for it” and become “polished” before winning.
Her spoils included cash, jewelry — a ruby and diamond ring and a diamond necklace — artwork, luggage and clothing.
And that ticket to Branson.
“You’re there for 18 days. And during the course of that time, you’re practicing and preparing for the production, because it’s a television show. Then in the downtime we did a lot of public appearances and attended different events that were ongoing in the area,” Donohue recalled, including a showboat appearance and a train tour. “They have FBI escorts to make sure you’re safe.”
Donohue did not make the semifinals, the portion broadcast on television and hosted by actor/model Shemar Moore. She only ever saw Donald Trump, who owns the competition along with NBC, from a distance.
“Maryland usually doesn’t for whatever reason. That was disappointing but it was a fun experience,” Donohue said.
Her cause for her 1999 title year was child-abduction prevention, which was motivated by a near-miss as a child biking home from school.
Donohue said her current job at Goodell, DeVries, Leech & Dann LLP, where she met her husband, is the “perfect mix” between medicine, which she considered professionally, and law.
Although Donohue has “taken on the life of a lawyer, a mom and a wife,” she still hopes to pass on her passion to the next generation or at least encourage 16-month-old Isabella to someday “put herself out there.”
And the gown?
“I still have it. I could never bear to part with it,” she said.
Reprinted with permission of The Daily Record Co. 2009.
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Goodell, DeVries ‘Tops’ Among Maryland Super Lawyers for 2009
The Maryland Super Lawyer honors Goodell, DeVries, Leech & Dann, LLP attorneys as 'Tops' for a third consecutive year as ranked by attorney peers. Donald L. DeVries, Jr. continues to earn a prestigious ranking as one of the Top 10 Super Lawyers in Maryland (2007, 2008, 2009); Susan T. Preston also repeats an earned rank as a Top 10 Super Lawyer in Maryland (2008, 2009), a Top 50 Super Lawyer in Maryland (2007, 2008, 2009) and one of Maryland’s Top 25 Women attorneys (2007, 2008, 2009); and Managing Partner, Linda S. Woolf, earns a third consecutive ranking as one of the Top 25 Women Lawyers in Maryland (2007, 2008, 2009) and is also recognized as one of the Top 50 Super Lawyers in Maryland.
Five Goodell, DeVries attorneys are recognized for their Super Lawyer status in the filed of Product Liability Defense: Richard M. Barnes, Thomas J. Cullen, Jr., Charlie P. Goodell Jr., Jeffrey J. Hines, and Sidney G. Leech. One-third of all Maryland Product Liability Defense Super Lawyers are Goodell, DeVries attorneys.
Donald L. DeVries, Jr., Craig B. Merkle, Thomas V. Monahan Jr., and Susan T. Preston are honored as Medical Malpractice Defense Super Lawyers. Rising Star, K. Nichole Nesbitt, is ranked as a top lawyer in Civil Litigation Defense.
Please congratulate Rick Barnes, Tom Cullen, Don DeVries, Charlie Goodell, Jeffrey Hines, Sidney Leech, Craig Merkle, Tom Monahan, Susan Preston, and Linda Woolf for being recognized in Maryland Super Lawyers for 2009, and Nikki Nesbitt for being named to Rising Stars for 2009.
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Goodell, DeVries, Leech & Dann, LLP Salutes our Partner Thomas J. Cullen, Jr. on his selection by the Daily Record to receive its "Leadership in Law Award"
Congratulations to Thomas J. Cullen, Jr., for being named one of The Daily Record's 2008 Leadership In Law Award Winners. The Daily Record honors 24 members of the legal community with the Leadership in Law Award. The award recognizes those individuals whose leadership, both in the legal profession and in the community, has made a positive impact on our state. Recipients of this award demonstrate outstanding achievements in these key areas: achievement in law; involvement in the profession; support of the community and mentoring.
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Congratulations to the Maryland Defense Counsel (MDC) for winning the 2008 DRI Diversity Award for the “Great Strides, Great Struggles: The Continuing Case for Diversity 70 Years after Murray” program this past May.
GDLD was a proud underwriter of the program, which celebrated the 70th anniversary of Donald Gaines Murray’s graduation from the University of Maryland School Of Law. Nikki Nesbitt of GDLD is a member of the executive board of the MDC and serves as co-chair of its Legislative Committee. She is also actively involved in the Defense Research Institute, a national organization of defense trial lawyers and corporate counsel, as a member of its Lawyers Professionalism and Ethics Committee.
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Eight attorneys of Goodell, DeVries, Leech & Dann, LLP ranked as Best Lawyers
The 2009 edition of The Best Lawyers in America recognizes eight attorneys at Goodell, DeVries, Leech & Dann, LLP (GDLD). Managing Partner Linda S. Woolf was honored as a Best Lawyer in the area of Commercial Litigation. Charles P. Goodell, Jr. was selected as a Best Lawyer, again, in the area of Mass Tort Litigation.
Four GDLD attorneys are consecutive honorees in the area of Medical Malpractice Law: Donald L. DeVries, Jr., Amy B. Heinrich, Craig B. Merkle, and Susan Preston. Mr. DeVries was also recognized in the area of Personal Injury Litigation. Jeffrey J. Hines was selected again this year as a Best Lawyer in the area of Legal Malpractice Law. Sidney G. Leech was recognized again this year for the practice of Commercial Litigation and Personal Injury Litigation.
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Congratulations to Thomas J.S. Waxter, III on his installment as the President of the Bar Association of Baltimore City for 2008-2009. Mr. Waxter joined the firm in 1995 and concentrates his practice on products liability defense, toxic torts and commercial litigation. Mr. Waxter has been an active member of The Bar Association of Baltimore City since 2002 and, prior to his installment as President, he served as President Elect, 2007- 08; Vice President, 2006-07; Treasurer, 2005-06; Secretary, 2004-05; and Member, Executive Council, 2002-present. In addition to serving on BABC’s Judicial Selections Committee, Products Liability Committee, and Workers Compensation Committee Mr. Waxter has also held the following positions with BABC: Chair, Long Range Planning Committee, 2007-08; Chair, Budget and Finance Committee, 2005-06; Co-Chair, Membership Committee, 2002-04.
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Linda S. Woolf has been named by Maryland Super Lawyers magazine as one of the outstanding attorneys in Maryland for 2008. Only five percent of the lawyers in the state are named by Super Lawyers. Besides being named in Maryland Super Lawyers magazine, Linda S. Woolf was also listed as a Top Attorney in Business Litigation in the Super Lawyers – Corporate Counsel Edition, a new publication from Key Professional Media that includes lists of top business and corporate lawyers who have been recognized by Super Lawyers from across the country.
The selections for Super Lawyers are made by Law & Politics, a division of Key Professional Media, Inc. of Minneapolis, MN. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the Law & Politics’ attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Super Lawyers can be found online at superlawyers.com, where lawyers can be searched by practice area and location.
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Goodell, DeVries, Leech & Dann, LLP is pleased to announce that the following lawyers have been elected to join the firm as partners, effective January 1, 2008:
Michele R. Kendus
Shannon M. Marshall
K. Nichole Nesbitt
and
Marianne DePaulo Plant
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Nine Goodell, DeVries Attorneys Honored As “Super Lawyers”
Goodell, DeVries, Leech & Dann, LLP is pleased to announce that nine of its attorneys have been selected as “Super Lawyers” by Law & Politics. Two of our attorneys are among the Top 10 lawyers in Maryland; two attorneys are ranked among the Top 25 Female lawyers in Maryland, and three attorneys are ranked among the Top 50 lawyers in Maryland.
Managing Partner, Linda Woolf, is honored again as a Super Lawyer in the area of Business Litigation as well as being selected as one of the Top 25 Female Super Lawyers in Maryland. In addition to her recognition in the area of Personal Injury Defense of Medical Malpractice, Susan Preston is also again honored as one of the Top 10 Super Lawyer in the State, a Top 50 Super Lawyer overall and a Top 25 Female Super Lawyer. Donald L. DeVries, Jr. is again a Top 10 Super Lawyers in the State, a Top 50 Super Lawyer overall and is again recognized as a Super Lawyer in the area of Personal Injury Defense: Medical Malpractice.
Charlie P. Goodell, Jr., Rick M. Barnes, and Thomas J. Cullen, Jr. are again honored as Super Lawyers in the area of Personal Injury Defense: Product Liability. Sid Leech was chosen as Super Lawyer for Personal Injury Defense of Product Liability. Also honored again this year as Super Lawyers are Craig B. Merkle, in the area of Personal Injury Defense: Medical Malpractice and Thomas V. Monahan, Jr., in the area of Civil Litigation Defense.
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Kamil Ismail has been appointed by Governor Martin O'Malley to the Trial Courts Judicial Nominating Commission for Baltimore City. Mr. Ismail will serve along with 12 other commission members to evaluate candidates for judicial appointment to all trial courts in Baltimore City and to select and nominate qualified candidates for the Governor's consideration.
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Seven lawyers from Goodell, DeVries, Leech & Dann, LLP were recently selected by their peers for inclusion in The Best Lawyers in America 2008.
In its 25th anniversary edition of The Best Lawyers in America 2008, seven lawyers from Goodell, DeVries, Leech & Dann, LLP are honored in five different practice areas.
In the area of Medical Malpractice Law four Goodell, DeVries partners are named Best Lawyers: Donald L. DeVries, Jr., Amy B. Heinrich (consecutive year), Craig B. Merkle, and Susan T. Preston. Don DeVries was also honored as a Best Lawyer in the area of Personal Injury Litigation.
Again this year Charles P. Goodell is honored as a Best Lawyer in the area of Mass Tort Litigation and Jeff Hines has been selected as a Best Lawyer in the area of Legal Malpractice Law. Sid Leech is also honored again this year as a Commercial Litigation Best Lawyer and is also selected as a Best Lawyer in the area of Personal Injury Litigation.
Best Lawyers is universally regarded as the definitive guide to legal excellence in the United States. Being listed in Best Lawyers is considered a singular honor as selection to Best Lawyers is based on a rigorous peer-review survey of more than 2 million confidential evaluations by top attorneys in the country.
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Chambers USA recognizes GDLD as a Leading Law Firm and names 3 Partners as Leaders in Health Care Defense
Goodell, DeVries, Leech & Dann, LLP has again achieved recognition as a Leading Law Firm in Maryland by Chambers USA: America’s Leading Lawyers for Business. The 2007 publication also names three GDLD Partners as leaders in their practice areas.
Partners Don DeVries, Craig Merkle and Susan Preston are ranked as Leading Individuals for their Health Care practice. Chambers highlights Don DeVries as a “superb lawyer” who is hailed for his medical malpractice defense work and is acclaimed as “one of the best out there.”
Chambers USA is an annual publication ranking law firms and attorneys based on in-depth interviews with attorneys, clients and corporate counsel. The 2007 rankings were based on over 10,000 interviews assessing “technical legal ability, professional conduct, client service, commercial awareness and astuteness, diligence, commitment and other qualities valued by client respondents.”
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GDLD is pleased to welcome back former Partner Jim Frederick. Mr. Frederick rejoins GDLD after serving as an Assistant United States Attorney for the District of Maryland from 2004-2007. With more than 15 years of experience as a skilled litigator, Mr. Frederick advises and defends clients in all aspects of complex litigation and will concentrate his practice in the areas of pharmaceutical/medical device, products liability, commercial and professional liability defense. Mr. Frederick has represented clients and tried cases to verdict in a number of state and federal courts throughout the United States, including Maryland, Louisiana, Virginia and the United States District Court for the districts of Maryland, the District of Columbia, Maine, the Southern District of New York, the Eastern District of Virginia and the Eastern District of Louisiana. He has argued before the Maryland Court of Special Appeals and the United States Court of Appeals for the 4th Circuit. Mr. Frederick graduated from The Dickinson School of Law in 1992 and first joined GDLD as an associate in 1999.
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Congratulations to Linda S. Woolf for being named one of The Daily Record's Maryland's Top 100 Women for 2007. The award recognizes successful female professionals who also give back to their professions and communities by mentoring others and by personal community involvement.
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EIGHT GOODELL DeVRIES ATTORNEYS NAMED SUPER LAWYERS
Goodell, DeVries, Leech & Dann is pleased to announce that eight of its attorneys have been selected as “Super Lawyers” by Maryland Super Lawyers, published by Law & Politics. Three of our eight made the “Tops” list, they are: Donald L. DeVries, Jr. who is named as one of the Top 10 Maryland Super Lawyers and also recognized as a leader in the area of Personal Injury Defense: Medical Malpractice; Susan T. Preston who is named as one of the Top 50 Super Lawyers as well as one of the Top 25 Women Super Lawyers and is also recognized as a leader in the area of Personal Injury Defense: Medical Malpractice; and Linda S. Woolf who is named one of the Top 25 Women Super Lawyers and is also recognized as a leader in the area of Business Litigation. Additionally, Charlie P. Goodell, Jr., Rick M. Barnes, and Thomas J. Cullen, Jr. are named Super Lawyer in the Personal Injury Defense: Products area. Craig B. Merkle is named a Super Lawyer in the area of Personal Injury Defense: Medical Malpractice and Thomas V. Monahan, Jr. is named a Super Lawyer in the area of Civil Litigation Defense.
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Congratulations to Donald L. DeVries, Jr., Charlie P. Goodell, Jr., Jeff J. Hines, Sid Leech and Amy B. Heinrich as they were recently selected by their peers for inclusion in The Best Lawyers in America® 2007 (Copyright 2006 by Woodward/White, Inc., of Aiken, S.C.).
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RECENT COURT PROCEEDINGS
Goodell Successfully Defends George Washington University Hospital Following Patient's Alleged Fall, Death
On Dec. 11, 2009, a jury concluded that nurses at George Washington University Hospital, which was defended by Thomas V. Monahan, Jr. and Jason Penn, were not negligent in the care of Harold Sims, Jr. Mr. Sims' Estate claimed that Mr. Sims died from a cerebral hemorrhage caused after he struck his head while unattended by the nursing staff. Experts for the hospital testified that Mr. Sims died from a spontaneous hemorrhagic stroke. After a week-long trial, the jury required only one hour to determine that the nurses' care and the hospital's policies were reasonable. This was Mr. Monahan's second verdict in favor of George Washington University Hospital in less than two months.
Goodell, DeVries, Leech and Dann, LLP Gets Defense Verdict in Florida
Defending Leading Manufacturer of Material Handling Equipment against Crashworthiness Design Defect Claims
In the third such victory in less than a year and the fifth victory in the last two years, Goodell, DeVries, Leech and Dann, LLP, lead by Thomas J. Cullen, Jr. and Renée N. Sewchand, successfully defended Crown Equipment Corporation against products liability design defect claims. Erik and Beatrice Santos brought suit in federal court in Florida under three theories of liability - strict liability design defect, negligence, and failure to warn. They sought both compensatory and punitive damages for a severe crush injury Mr. Santos sustained while operating a piece of industrial equipment manufactured by Crown; said injury led to a full above-knee amputation of Mr. Santos’s left leg.
For the first time under Florida law, it was found that crashworthiness, or enhanced injury, principles apply in a products case involving material handling equipment. Accordingly, the jury was prohibited from considering any evidence of negligence or wrongdoing on the part of Mr. Santos or any other party besides Crown. The Honorable Daniel T.K. Hurley, United States District Court for the Southern District of Florida, allowed both liability issues and punitive damages to be decided by the eight-person jury. The Goodell attorneys presented statistical analysis, biodynamic testing, and expert testimony from mechanical and biomechanical engineers to establish the reasonableness of Crown’s design and conduct.
After a trial lasting nearly one month, the jury deliberated for just four hours before unanimously reaching a full defense verdict.
Tom Cullen is a senior partner and Renée Sewchand is a senior associate at Goodell, DeVries, Leech and Dann, LLP. Both practice primarily in the areas of pharmaceutical, toxic tort, and general product liability defense.
Goodell, DeVries Wins Summary Judgment and Disproves Plaintiff's Agency Theory
Miller Randy Carroll v. Hospital, et al., Circuit Court for Harford County (October 2009). Craig B. Merkle and Marianne DePaulo Plant obtained summary judgment for their client in a medical malpractice case alleging failure to diagnose a cervical spine fracture. The patient allegedly suffered a high spinal cord injury as a consequence of an ED physician's alleged failure to recognize and treat the c-spine fracture. The ED physician was not an employee of the hospital, but Plaintiffs sought to hold the hospital responsible for her care based on a theory of apparent agency. Deposition testimony taken in the case, along with other factual information gathered in the discovery phase, was used to disprove the requisite elements of a claim of implied agency. Summary judgment was entered in favor of GDLD's client.
Goodell, DeVries Obtains Defense Verdict in 5 Week Trial of Equitable Indemnification Claim Brought by Former Arnold & Porter Partner
Following a 5-week trial, a jury in Washington, DC returned a defense verdict on October 20, 2009 in favor of George Washington University Hospital in a suit brought by a former partner at the DC law firm of Arnold & Porter. The Plaintiff/Assignee claimed that the health care provider defendants should indemnify the wheelchair manufacturer which had already paid a $14 million settlement of a product liability claim after the Plaintiff was thrown to the ground by his malfunctioning wheelchair. The Plaintiff argued that two episodes of alleged hypoxia during a 5-week ICU stay caused brain damage which cut short his legal career at age 42. The hospital, which was defended by GDLD attorneys Thomas V. Monahan, Jr. and Aaron L. Moore, demonstrated that nurses who cared for the Plaintiff were not negligent.
Goodell DeVries Wins High Profile Medical Malpractice Case in Federal Court
On September 3, 2009, Susan Preston, along with Danielle Dinsmore and Derek Stikeleather, obtained dismissal of all claims in a medical malpractice suit by former CBS morning news personality Mark McEwen in the United States District Court for the District of Maryland . Mr. McEwen alleged the client doctor and hospital failed to diagnose his stroke in 2005 and caused him to suffer a stroke two days later. Defendants successfully challenged the reliability of the expert testimony of both of plaintiff's causation witnesses under Daubert. The Court granted the Daubert motion, finding both experts' testimony inadmissible, and entered summary judgment for all defendants. It found the opinion that medications to treat stroke probably would have prevented plaintiff's stroke within 48 hours was inadmissible ipse dixit in the face of uncontroverted epidemiological studies that repeatedly show the short-term efficacy of such drugs is less than fifty per cent.
GDLD Attorneys Don DeVries and Craig Brodsky win first case in the District of Columbia interpreting the new Medical Malpractice Procedure Act's 90 Day Notice of Intent to Sue requirement.
In Lacek v. Washington Hospital Center, Don DeVries and Craig Brodsky successfuly defended a medical malpractice action by arguing that the Plaintiff failed to provide Washington Hospital Center with the statutorily required 90 Day Notice of Intent to Sue. The case was originally dismissed by Judge Alprin, and the dismissal affirmed by the District of Columbia Court of Appeals. In its soon-to-be published opinion, the Court of Appeals noted the importance of the 90 day notice requirement and affirmed Judge Alprin's determination that Lacek's failure to give notice should not be excused.
GDLD’s lead paint defense team has won another important victory in the Court of Appeals of Maryland. See Lanay Brown v. Daniel Realty Co., No. 77. On July 22, 2009, the high court affirmed the Court of Special Appeals, which had upheld the Baltimore City jury’s defense verdict. The jury found that the evidence at trial failed to show that the defendants’ property contained the lead paint hazard alleged by the plaintiff – chipping, peeling paint. The jury believed the defense evidence that the property was in good condition throughout the plaintiff’s tenancy. Tom Cullen and Michele Kendus conducted the 8-day trial and also prevailed in the Court of Special Appeals. Derek Stikeleather assisted with the high court briefing. The Court of Appeals agreed with the defense argument that evidence was properly admitted, and that evidentiary errors raised by the plaintiff on appeal were not properly preserved at trial. The Court further agreed with the defense argument that evidentiary errors raised on appeal were not prejudicial.
Goodell, DeVries, Leech & Dann, LLP partners Charles P. Goodell, Jr. and Richard M. Barnes, partnering with attorneys from Boies, Schiller & Flexner and Skadden, Arps, Slate, Meagher & Flom, represented Pfizer Inc in the first Neurontin case to go to trial. The case was pending in the U.S. District Court for the District of Massachusetts. The plaintiff, who alleged that Neurontin caused the decedent’s suicide, voluntarily dismissed the case with prejudice after just one day of trial. The dismissal was announced on July 29, 2009.
Fourth Circuit Court of Appeals Upholds Summary Judgment Ruling That Statute of Limitations Protects Oral Laxative Manufacturer from Untimely Personal Injury Claim
On May 14, 2009, the Fourth Circuit Court of Appeals affirmed a summary judgment ruling for C.B. Fleet Company, a manufacturer of an over-the-counter oral saline laxative commonly used in colonoscopy prep. See Quillin v. Fleet, No. 08-1814 (4th Cir. May 14, 2009). Rick Barnes and Tom Waxter led the successful appeal, which affirmed the rulings of the United States District Court of Maryland, holding that the statute of limitations had run and that the plaintiff was on inquiry notice as a matter of law more than three years before filing his suit. Plaintiff had argued that he was not on notice of a possible claim for damages for his renal failure until he read an advertisement from a personal injury lawyer. His lawyers argued at summary judgment, on motion for reconsideration, and on appeal that actual notice was a jury question not fit for resolution before trial and that more discovery was needed. At each stage, GDLD’s attorneys persuaded the presiding judges that plaintiff was on actual implied notice because he had a duty to diligently investigate his potential claim after he was injured and that he also had a duty to file a Rule 56(f) affidavit if he needed more discovery. Both courts recognized that his failure to investigate did not toll his claim and he was not entitled to re-open discovery to bolster his claim. GDLD attorneys Paula Merkle and Derek Stikeleather were an instrumental part of our success in this case.
On March 10, 2009, a jury in Annapolis Maryland returned a defense verdict in favor of the Defendants in the case of Bigley v THI of Maryland et al. Amy Heinrich and Jason Penn represented an internal medicine physician in a suit in which the Plaintiff claimed that her mother had suffered injury and death because of allegedly negligent treatment. The case involved care provided in a long term care setting and hospital. After a six day trial, the jury returned a unanimous verdict in favor of the physician and the long term care facility. The case involved claims that the patient developed significant decubitus ulcers and dehydration, leading to the patient's death.
Goodell, DeVries, Leech and Dann, LLP Successfully Defends a Leading Manufacturer of Material Handling Equipment Against Design Defect Claims in a West Virginia State Court
In the third such victory in less than a year, Goodell, DeVries, Leech and Dann, LLP, led by Thomas J. Cullen, Jr. and Renée N. Sewchand, obtained a defense verdict on behalf of Crown Equipment Corporation – this time in state court in Charleston, West Virginia, before the Honorable Tod Kaufman.
Through his counsel, John Cady of Missouri and John Cooper of West Virginia, Jeremiah “Bart” Morris sought compensatory and punitive damages for a severe crush injury he sustained to his left foot in a workplace accident, resulting in a below-knee amputation. Bringing suit under three theories of liability – strict liability product defect, negligence, and breach of implied warranty – Morris claimed that the design of the stand-up rider forklift he was operating was defective and that it enhanced the injury he sustained during the accident. The Goodell attorneys presented statistical comparative risk analysis, biodynamic testing, and testimony from mechanical and biomechanical engineers to establish the reasonableness of Crown’s open operator compartment design.
After more than two weeks of trial, the jury deliberated for less than one hour before unanimously reaching a full defense verdict.
Another Trial Victory for GDLD
After a quick deliberation, a jury returned a defense verdict on January 29, 2009 to GDLD attorneys Donald L. DeVries, Jr. and Kelly Hughes Iverson in the Superior Court for the District of Columbia. The plaintiff in Andre Davis v. MedStar-Georgetown Medical Center, Inc., et al claimed over $1.8 million in economic losses plus pain and suffering damages for an alleged cervical spinal cord injury that he claimed he suffered during upper endoscopy at Georgetown University Hospital. Defeating the claim, the GDLD lawyers persuaded the jury that the upper endoscopy procedures were performed in accord with the national standard of care. To further demonstrate that the plaintiff’s impairments were not caused by a cervical spinal cord injury, Mr. DeVries and Ms. Iverson introduced comprehensive expert testimony about the extensive damage caused by the plaintiff’s 40-year battle with systemic-onset juvenile idiopathic arthritis. Over the course of three weeks, the jury heard testimony from experts in the fields of gastroenterology, rheumatology, physiatry and rehabilitation medicine, neurology, neurosurgery, and neuroradiology, among others. The jury deliberated for just over an hour before returning a decisive verdict for defendants.
On November 13, 2008, Thomas J. Cullen, Jr. and Constantine J. Themelis obtained a defense verdict on behalf of Crown Equipment Corporation in the Supreme Court of the State of New York in Suffolk County. In this case, Hutchinson, et ano. v. Crown Equipment Corporation, et al., Anthony and Denise Hutchinson sought compensatory damages on one count each of strict liability product defect, negligence and breach of implied warranty for severe crush injuries Hutchinson sustained to his left leg, knee and back in a workplace accident. Plaintiff was totally disabled for a period of years and claimed to have permanent disability allowing only 3-4 hours of productive daily work capacity in the future. Plaintiffs’ claims of defect included the alleged failure to fully enclose the operator compartment and the alleged failure to employ a second brake switch creating redundancy in the safety system of a Crown stand-up rider forklift. Crown presented expert testimony from mechanical and biomechanical engineers establishing the safety of the operator compartment design as well as the fail-safe braking system. Crown also presented expert testimony from a statistician to provide comparative analysis establishing the safety of the forklift.
After nearly five weeks of trial, the jury deliberated for less than one and a half hours before unanimously reaching a full defense verdict on both the strict liability and breach of implied warranty causes of action.
Goodell, DeVries asbestos lawyers secure summary judgment victory in the Superior Court for the District of Columbia
On September 17, 2008, Thomas M. Goss and Malcolm S. Brisker of Goodell, DeVries, Leech & Dann, LLP obtained summary judgment in favor of a third party defendant in an asbestos mesothelioma case before the Honorable Judith Bartnoff in the Superior Court for the District of Columbia. The third party defendant was a manufacturer of a product allegedly containing asbestos.
The Motion for Summary Judgment argued that the third party plaintiff had failed to prove that the defendant’s product was a substantial contributing factor as required under D.C. law. The Court agreed and issued a five page unpublished opinion awarding summary judgment.
Goodell, DeVries, Leech & Dann, LLP Obtains Summary Judgment In Favor of the Manufacturer and Distributor of a Medical Product Under the Doctrine of Federal Preemption
Recently, Richard M. Barnes and Michele R. Kendus of Goodell, DeVries, Leech & Dann, LLP obtained summary judgment in favor of their clients in a medical product liability case before the Honorable Judge Benson Legg in the United States District Court for the Northern District of Maryland. The plaintiff in the case brought claims against the manufacturer and distributor of a prescription medical product known as a dermal filler, which is used in cosmetic procedures to reduce the appearance of wrinkles. The plaintiff claimed that her plastic surgeon injected the dermal filler into areas of her face and she experienced an inflammatory response that required surgical excisions to treat. The plaintiff's claims sounded in negligence, strict product liability, breach of express and implied warranties, and violation of the Maryland Consumer Protection Act.
The defendants' Motion for Summary Judgment argued that each of the plaintiff's claims sounded in failure to warn, and were therefore barred by the Federal Preemption Doctrine, because the product and its warning label had been approved by the Food and Drug Administration (FDA) in accordance with the pre-market approval (PMA) process under the Medical Device Amendments of 1976. The defense also argued that the warning label provided with the product was adequate as a matter of law, and that the plaintiff failed to meet her burden, under the Learned Intermediary Doctrine, to prove that an alternative warning would have altered her physician's decision to inject the product.
Following oral argument on all of the issues, the Court issued a ten page unpublished opinion awarding summary judgment. The Court agreed with the defense arguments that all of the plaintiff's claims sounded in failure to warn, and that all such claims were pre-empted because the product had undergone rigorous review by the FDA in accordance with the PMA process. The Court also commented in its opinion that even if the plaintiff's claims were not pre-empted, the available warning was adequate as a matter of law.
On July 23, 2008 Craig S. Brodsky, George S. Mahaffey, and Paula Krahn Merkle successfully obtained the dismissal of a Chapter 11 bankruptcy case that had been filed on the eve of trial. In the case, In re Mortgage Banking Trust, the debtor was a trust established by the grantor as part of his overall estate plan. The trust filed for bankruptcy protection to avoid a state court trial in a proceeding to determine the amount of gift owed to the decedent's wife under his will. The Court held a two day evidentiary hearing and concluded, in a 19 page opinion, that the trust was not eligible for bankruptcy protection because it was a donative trust rather than a business trust, and thus was not a person eligible for protection under the Bankruptcy Code.
On June 25, 2008, Constantine J. Themelis of Goodell, DeVries, Leech and Dann, LLP obtained a defense verdict on behalf of Interstate Bakeries Corporation in the Circuit Court for Montgomery County. In this case, Plaintiff, a customer in a grocery store, alleged he was negligently knocked down by an Interstate Bakeries employee who was transporting two loaded bread carts. The Plaintiff alleged that he sustained a fracture to his left hip and claimed permanent disability as a result of this incident. After less than thirty minutes, the jury concluded that Interstate Bakeries Corporation was not negligent.
Goodell, DeVries, Leech and Dann, LLP Successfully Defends a Leading Manufacturer of Material Handling Equipment Against Design Defect Claims
in a Federal District Court in Missouri
On May 1, 2008, Thomas J. Cullen, Jr. and Renée N. Sewchand of Goodell, DeVries, Leech and Dann, LLP obtained a defense verdict on behalf of Crown Equipment Corporation in Springfield, Missouri, before the Honorable Gary A. Fenner of the United States District Court for the Western District of Missouri.
Through their counsel, Steve Garner and Chandler Gregg at Strong-Garner-Bauer, P.C., Darin and Denise Martin sought compensatory and punitive damages on one count each of strict liability product defect and negligence for a severe crush injury Martin sustained to his right leg and knee in a workplace accident. Plaintiffs claimed that the design of the stand-up rider forklift was defective and that it enhanced the injury Martin sustained during the accident. Plaintiffs proffered the alternate design theory that stand-up rider forklifts should be fully enclosed with latched operator compartment doors to protect lower appendages in hit fixed object impacts. Crown presented biodynamic testing, medical evidence, and testimony from mechanical and biomechanical engineers to establish the reasonableness of Crown’s open operator compartment design.
After nearly two weeks of evidence, the jury deliberated for less than one and a half hours before unanimously reaching a full defense verdict. The jury entered a verdict in favor of Crown on the product defect claim, and found Crown 0% at fault on the negligence claim.
Goodell, DeVries, Leech & Dann, LLP Obtains Fourth Circuit Affirmance of Important Dismissal for Local Government in Long-Running Environmental Litigation
On April 23, 2008, the United States Court of Appeals for the Fourth Circuit, in a published opinion, affirmed the dismissal of Carroll County, Maryland from a federal law suit alleging violations of the Clean Water Act. Piney Run Preservation Ass’n v. Carroll County, Maryland, United States Court of Appeals for the Fourth Circuit, Case No. 07-1348. Attorneys Linda S. Woolf, K. Nichole Nesbitt, and Joseph B. Wolf of Goodell, DeVries, Leech & Dann secured the victory, which established important authority on the issue of “diligent prosecution” in environmental cases.
This suit was the latest action in a long history of attempts by certain Baltimore County landowners to impose liability on the Carroll County government for alleged thermal pollution of the Piney Run stream. Carroll County operates a wastewater treatment plant that discharges treated wastewater into the Piney Run, which runs through the landowners’ properties. In this suit, the landowners alleged that the County is in violation of the federal Clean Water Act because, on isolated occasions during the hottest days of the year, the temperature of the treated wastewater exceeds the temperature limit contained in the plant’s discharge permit by one or two degrees. The plaintiffs argued that the County should be required to construct million-dollar mechanical cooling towers to chill the wastewater before discharging it into the Piney Run.
Carroll County moved to dismiss the suit for lack of subject matter jurisdiction, arguing that any permit violations were being “diligently prosecuted” by the Maryland Department of the Environment (MDE), the governing agency. MDE had brought an enforcement action against Carroll County and subsequently executed a comprehensive Consent Judgment, pursuant to which the County is required to pay penalties for any violations of the permit and engage in extensive efforts to improve the environmental wellbeing of the Piney Run and its aquatic and plant life. The County argued that, under the terms of the Clean Water Act, such diligent prosecution is a bar to any Citizen’s Suit, such as the one brought by the plaintiffs. The United States District Court for the District of Maryland agreed and dismissed the action with prejudice.
The Fourth Circuit has now affirmed the dismissal. The court held that MDE’s decision to enter into the Consent Judgment is “precisely the type of discretionary matter to which we should defer.”
On April 21, 2008, Amy B. Heinrich and Shannon M. Marshall obtained a defense verdict on behalf of their clients, a neurosurgeon and his professional association, in the Circuit Court for Montgomery County Maryland. In Cobb-Edwards v Fossett et al, the jury found that the defendant neurosurgeon did not breach the standard of care in the performance of a two level hemilaminectomy and discectomy. The Plaintiff claimed permanent disability and chronic pain as a result of the surgery. The jury concluded, after a six day trial, that the Plaintiff had not established any deviations from accepted neurosurgical standards of care.
On January 23, 2008, Thomas J. Cullen, Jr. and Constantine J. Themelis obtained a defense verdict on behalf of Crown Equipment Corporation after an eight-day bifurcated jury trial on liability issues in the Supreme Court of New York in the County of Nassau. In this case, Thone v. Crown Equipment Corporation, Plaintiff alleged, due to design defects of a Crown stand-up rider forklift, he suffered an amputation injury to his left leg. Plaintiff’s claims of defect included the alleged failure to fully enclose the operator compartment and the alleged failure to employ a second brake switch creating redundancy in the safety system. Crown presented expert testimony from mechanical and biomechanical engineers establishing the safety of the operator compartment design as well as the fail-safe braking system.
After only 30 minutes of deliberation, the jury concluded that the forklift was not defective as alleged by the Plaintiff. The jury did not reach the comparative fault question.
Goodell, DeVries, Leech & Dann obtains victory in the Court of Special Appeals
The Court of Special Appeals of Maryland affirmed summary judgment obtained by Craig B. Merkle and Marianne DePaulo Plant in favor of their client, an obstetrician/gynecologist, in a wrongful death claim based on alleged medical malpractice. In the underlying proceedings, plaintiffs asserted that the defendant doctors failed to timely diagnose their patient's endometrial and ovarian cancer. However, during discovery depositions, plaintiffs' medical experts were unable to articulate the impact of this alleged delay in diagnosis, and conceded that even after the alleged delay the patient had a fifty to sixty percent likelihood of surviving her cancer. GDLD moved for summary judgment at the close of discovery. In opposing GDLD's motion for summary judgment, plaintiffs submitted the affidavits of two experts containing previously-undisclosed opinions on cause of death. The Circuit Court for Anne Arundel County struck the affidavits for materially contradicting the experts' prior sworn testimony, and entered summary judgment in favor of the defendants.
The Court of Special Appeals reviewed and affirmed both rulings, stating that to recover under the wrongful-death act, a plaintiff in Maryland must prove that the negligence of the defendant caused the wrongful death of another. The Court observed that none of plaintiffs' experts testified in deposition that the death was caused by the defendants, and that a causal connection could not be inferred from the testimony of these experts. The Court further held that proof that the defendants’ alleged negligence reduced the decedent’s chance of survival by twenty to thirty percent (i.e., from eighty percent to between fifty and sixty percent) did not show a ‘probability’ that the alleged negligence caused the decedent to die. Marcantonio, et al. v. Moen, et al., , 2007 WL 4547583, Md.App., December 24, 2007 (No. 1428 Sept. Term 2006).
http://mdcourts.gov/opinions/cosa/2007/1428s06.pdf
Goodell, DeVries, Leech & Dann Obtains Defense Verdict on Behalf of Midwives and Hospital in Case Involving Infant Death Following Uterine Rupture
Donald L. DeVries, Jr. and Nichole Nesbitt obtained a defense verdict on behalf of MedStar-Georgetown Medical Center and its employees after a jury trial in the Superior Court for the District of Columbia on October 25, 2007. The case, Schneider v. MedStar-Georgetown Medical Center, Inc., et al., involved issues concerning the autonomy of independently-licensed certified nurse midwives and the informed consent implications of vaginal birth after cesarean section (VBAC).
The plaintiff in this case had previously delivered twins via cesarean section. When she became pregnant for the second time, she expressed a desire to attempt a vaginal birth and discussed this possibility with her obstetrician at Georgetown, who determined that she was a good candidate for VBAC. The plaintiff thereafter decided to see Georgetown’s certified nurse midwives for the remainder of her prenatal care. The certified nurse midwives at Georgetown practiced independently of the obstetricians but had a system in place for consulting with the obstetricians should the need arise.
The plaintiff’s pregnancy progressed normally, and the midwives counseled the plaintiff extensively concerning her upcoming birth. When the plaintiff went into labor, however, she did not contact the midwives or anyone else at the hospital and instead elected to labor at home for several hours with a private birth attendant. While at home, she experienced severe pain and bleeding and rushed to the hospital, where a uterine rupture was diagnosed and an emergency cesarean section was performed. The infant was resuscitated following delivery but died three days later. The plaintiff’s ruptured uterus was repaired and she went on to carry and deliver a healthy baby two years later.
The plaintiff alleged that she was not properly advised of the risks associated with VBAC and was not counseled properly about reporting to the hospital early in labor. The plaintiff also alleged that the midwives were incapable of managing her care independently and should have collaborated closely with the obstetricians. The defense argued that certified nurse midwives in the District of Columbia – and, in particular, the midwives at Georgetown – were independent practitioners who were capable of managing a patient’s care without the supervision or collaboration of an obstetrician. They also argued that the midwives counseled the plaintiff appropriately concerning VBAC, including the risk of uterine rupture, the need to contact the midwives at the onset of labor, and the importance of coming to the hospital early in labor so that she could be monitored.
After a two-hour deliberation, the jury concluded that the midwives met the standard of care in the treatment of the plaintiff and therefore were not liable for her alleged injuries or the death of the child
Goodell, DeVries, Leech & Dann Successfully Defends Doctor in Malpractice Case Alleging Failure to Diagnose MRSA Mastitis.
Craig B. Merkle and Marianne DePaulo Plant obtained a defense verdict on behalf of their physician client and her practice group after a jury trial in the Circuit Court for Anne Arundel County from July 24, 2007 to July 30, 2007. Hayes v. CWC, et al. involved a post-partum patient who developed a breast infection caused by methicillin-resistant staphylococcus aureus (MRSA). The patient alleged that she phoned the defendant obstetrician-gynecologists several times about her condition, and that she came to the office twice seeking treatment for her developing infectious process. The patient reported to the physicians that her newborn son had been hospitalized with a staph infection in the week prior to her onset of symptoms. The physicians diagnosed mastitis, and empirically prescribed an antibiotic to which the infection was not sensitive. It was alleged that the defendant doctors failed to seek details regarding the child's infection, and that had they done so they would have learned that he, and their patient, had a resistant strain of staph that required a different antibiotic to be effectively treated. Ultimately, the patient required breast surgery as a result of the infection. The jury concluded that the doctors met the standard of care in the treatment of the patient and therefore were not liable for her alleged injuries.
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PRESS RELEASE
Press Release
December 22, 2009
Goodell, DeVries, Leech & Dann Featured in
Maryland Super Lawyers Magazine for 2010
Goodell, DeVries, Leech & Dann, LLP is proud to announce that 13 of its attorneys are being recognized as Maryland Super Lawyers and Rising Stars for 2010. The cover of the 2010 issue of Maryland Super Lawyers magazine features Partner Susan T. Preston, acknowledged by her peers for her cool temperament as a top medical malpractice defense attorney. This is the fourth consecutive year Ms. Preston ranks as one of Maryland’s Top 25 Women and Top 50 Super Lawyers.
Two GDLD partners rank in the Top 10 Super Lawyers in Maryland: Donald L. DeVries, Jr. (for a fourth consecutive year) and Craig B. Merkle earn this 2010 honor. Along with Susan T. Preston, Linda S. Woolf is also hailed as one of the Top 25 Women Super Lawyers and Top 50 Super Lawyers in Maryland.
Congratulations to the 2010 Maryland Super Lawyers at Goodell, DeVries:
Richard M. Barnes – Products Liability, Business Litigation, and Class Action/Mass Tort (2007, 2008, 2009, 2010).
Thomas J. Cullen, Jr. – Products Liability, Class Action/Mass Torts, and Personal Injury Defense: General (2007, 2008, 2009, 2010).
Donald L. DeVries, Jr.– Medical Malpractice Defense and Civil Litigation Defense (2007, 2008, 2009, 2010). One of Maryland’s Top 10 Super Lawyers for four consecutive years: 2007, 2008, 2009, 2010.
Charles P. Goodell, Jr. – Products Liability and Class Action/Mass Torts (2007, 2008, 2009, 2010). One of Maryland’s Top 50 Super Lawyers for three consecutive years: 2008, 2009, 2010.
Jeffrey J. Hines – Products Liability, Professional Liability Defense, and Environmental Litigation (2009, 2010).
Sidney G. Leech – Products Liability, Business Litigation, and Employment Litigation: Defense (2008, 2009, 2010).
Craig B. Merkle – Medical Malpractice Defense, Products Liability, and Health Care (2007, 2008, 2009, 2010). One of Maryland’s Top 10 Super Lawyers for 2010.
Thomas V. Monahan, Jr. – Medical Malpractice Defense, Civil Litigation Defense, and Professional Liability Defense (2007, 2008, 2009, 2010).
Susan T. Preston – Medical Malpractice Defense (2007, 2008, 2009, 2010). One of Maryland’s Top 10 Super Lawyers in 2008 and 2009. For four consecutive years honored as one of Maryland’s Top 25 Women and Top 50 Super Lawyers for 2007, 2008, 2009, 2010.
Linda S. Woolf – Business Litigation, Insurance Coverage, and Class Action/Mass Torts (2007, 2008, 2009, 2010). One of Maryland’s Top 50 Super Lawyers: 2008, 2009, 2010 and for four consecutive years honored as one of Maryland’s Top 25 Women: 2007, 2008, 2009, 2010.
Congratulations to the 2010 Maryland Rising Stars at Goodell, DeVries:
Kelly A. Donohue – Medical Malpractice Defense (2010).
K. Nichole Nesbitt – Civil Litigation Defense (2009, 2010).
Marianne DePaulo Plant – Medical Malpractice Defense and Health Care (2010).
Goodell, DeVries, Leech & Dann, LLP, located in Baltimore, Maryland, has fifty-two attorneys all of whom practice in the area of complex litigation and litigation management. The firm is best known for its expertise in the defense of product liability, toxic tort and serious medical malpractice cases and also has an extensive practice in mass tort, commercial, employment and insurance coverage litigation. www.gdldlaw.com
Press Release
September 2009
Goodell, DeVries, Leech & Dann and 8 Attorneys Listed In
Best Lawyers In America 2010
Goodell, DeVries, Leech & Dann, LLP is proud to announce that 8 of its attorneys were recently selected by their peers for inclusion in Woodward/White’s Best Lawyers in America® 2010. GDLD ranks #1 in Medical Malpractice and Managing Partner, Linda S. Woolf, is honored with the “Bet-the-Company” Litigation ranking.
Lawyers:
Bet-the-Company Litigation:
Linda S. Woolf
Commercial Litigation:
Sidney G. Leech
Linda S. Woolf
Legal Malpractice Law
Jeffrey J. Hines
Mass Tort Litigation
Charles P. Goodell, Jr.
Medical Malpractice Law
Donald L. DeVries, Jr.
Amy B. Heinrich
Craig B. Merkle
Susan T. Preston
Personal Injury Litigation
Donald L. DeVries, Jr.
Sidney G. Leech
Craig B. Merkle
Practice Areas:
Ranked #1 in Maryland in Medical Malpractice Law with 4 attorneys. (*)
Ranked #1 in Baltimore, MD in Legal Malpractice Law with 1 attorney. (*)
Ranked #1 in Baltimore, MD in Medical Malpractice Law with 4 attorneys. (*)
(*) Denotes tie with 1 or more other firm(s).
About Best Lawyers: Since its inception in 1983, Best Lawyers has become universally regarded as a definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more 32,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Goodell, DeVries, Leech & Dann, LLP, located in Baltimore, Maryland, has fifty-two attorneys all of whom practice in the area of complex litigation and litigation management. The firm is best known for its expertise in the defense of product liability, toxic tort and serious medical malpractice cases and also has an extensive practice in mass tort, commercial, employment and insurance coverage litigation. www.gdldlaw.com
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Press Release
June 13, 2008
Chambers USA ranks GDLD as the Leading Law Firm in Maryland for Medical Malpractice Defense
Goodell, DeVries, Leech & Dann, LLP is recognized as the “top in the field of medical malpractice defense in Maryland” for 2008 by Chambers USA.
Partners Donald L. DeVries Jr., Craig B. Merkle, and Susan T. Preston are recognized as three top Leaders of Maryland’s medical malpractice defense law. Ranked as the number 1 medical malpractice attorney in Maryland for 2008, Donald L. DeVries Jr. is regarded as the “top of the heap in medical malpractice” defense. Both Craig B. Merkle and Susan T. Preston were also honored for their medical negligence defense of hospitals and physicians by Chambers USA. This is the fourth consecutive year Craig B. Merkle has been recognized by Chambers USA. Susan T. Preston has been recognized for three consecutive years.
Chambers USA is an annual publication ranking law firms and attorneys based on in-depth interviews with attorneys, clients and corporate counsel. These 2008 rankings were based on peer interviews assessing “technical legal ability, professional conduct, client service, commercial awareness and astuteness, diligence, commitment and other qualities valued by client respondents.”
Goodell, DeVries, Leech & Dann, LLP located in Baltimore, Maryland, has fifty-two attorneys all of whom practice in the area of complex litigation and litigation management. The firm is best known for its expertise in the defense of pharmaceutical/medical device product liability and serious medical malpractice cases and also has an extensive practice in mass tort, commercial, employment, and insurance coverage litigation. www.gdldlaw.com
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Press Release
March 12, 2008
CRAIG B. MERKLE ADMITTED TO AMERICAN COLLEGE OF TRIAL LAWYERS
Craig B. Merkle has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.
The induction ceremony at which Craig B. Merkle became a Fellow took place recently before an audience of approximately 800 persons during the recent 2008 Spring Meeting of the College in Tucson, Arizona.
Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.
Membership in the College cannot exceed one per cent of the total lawyer population of any state of province. There are currently approximately 5,661 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascend to the bench after their induction) and Honorary Fellows.
Mr. Merkle is a 1981 graduate of the Duke University School of Law. He is one of the founding partners of Goodell, DeVries, Leech & Dann, LLP. His practice is concentrated in the areas of medical malpractice and medical drug and device defense.
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