NEWS

Linda S. Woolf Named One of 2012 Top 100 Women in Maryland

Managing Partner, Linda S. Woolf, has been named one of The Daily Record’s Top 100 Women for 2012.  This is Ms. Woolf’s second time being honored as a Top 100 Woman in Maryland.  The Daily Record’s award recognizes successful female professionals who also give back to their professions and communities by mentoring others and by personal community involvement.  Since 1996, The Daily Record has recognized more than 1,000 high-achieving Maryland women who are making an impact through their leadership, community service and mentoring. The winners are selected by an outside panel of business leaders based on professional accomplishment, community involvement and commitment to mentoring.

 

Best Lawyers Honors 12 Goodell DeVries Attorneys Including 2 “Lawyers of the Year”

 

Best Lawyers in America has named two Goodell DeVries lawyers as “Best Lawyer Of The Year” for their specialty:

 

Donald L. DeVries, Jr. has been named the Best Lawyers’ 2012 Baltimore Medical Malpractice Law - Defendants Lawyer of the Year and

 

Jeffrey J. Hines has been named the  Best Lawyers’ 2012 Baltimore Legal Malpractice Law – Defendants Lawyer of the Year.

 

Best Lawyers has also named 12 Goodell DeVries attorneys for 2012:

                                  

Richard M. Barnes	Mass Tort Litigation; Mass Tort Litigation/Class Actions – Defendants; Product Liability Litigation; Product Liability Litigation - Defendants
Thomas J. Cullen, Jr.	Personal Injury Litigation - Defendants
Donald L. DeVries, Jr.	Medical Malpractice Law – Defendants; Personal Injury Litigation - Defendants
Charlie P. Goodell Jr.	Mass Tort Litigation/Class Actions – Defendants; Product Liability Litigation; Product Liability Litigation - Defendants
Amy B. Heinrich	Medical Malpractice Law; Medical Malpractice Law – Defendants
Jeffrey J. Hines	Legal Malpractice Law – Defendants; Product Liability Litigation - Defendants
Robert A. Limbacher	Mass Tort Litigation; Mass Tort Litigation/Class Actions – Defendants; Product Liability Litigation - Defendants
Sidney G. Leech	Commercial Litigation; Litigation – Construction; Personal Injury Litigation - Defendants
Craig B. Merkle	Medical Malpractice Law; Medical Malpractice Law – Defendants; Personal Injury Litigation - Defendants
Thomas V. Monahan, Jr.	Medical Malpractice Law; Medical Malpractice Law – Defendants
Susan T. Preston	Medical Malpractice Law – Defendants
Linda S. Woolf	Bet-the-Company Litigation; Commercial Litigation; Mass Tort Litigation/Class Actions – Defendants

 

Goodell DeVries Earns Top Ranking by U.S. News/Best Lawyers “Best Law Firm”

 

Goodell DeVries has received the highest, first-tier rankings in Baltimore by a national peer-based survey and ranking system conducted by Best Lawyers and U.S. News & World Report for the 2011-2012 year, in the following practice areas:

 

Mass Tort Litigation/Class Action – Defendants

Medical Malpractice Law – Defendants

Personal Injury Litigation – Defendants

Product Liability Litigation – Defendants

Legal Malpractice Law – Defendants (new this year)

 

Goodell DeVries Earns Top Rank by Chambers USA

  

Chambers USA recognized Goodell DeVries as the only Maryland law firm earning recognition in “Healthcare: Medical Malpractice” and 4 of the 5 attorneys recognized in this practice are Goodell DeVries attorneys!  Donald L. DeVries, Jr., Craig B. Merkle, Thomas V. Monahan, Jr., and Susan T. Preston are recognized as top leaders in the practice of Healthcare: Medical Malpractice.  About our Firm and attorneys, Chambers states:

“THE FIRM: This top-tier medical malpractice defense group has an excellent reputation in the state for its handling of serious medical negligence cases. The highly responsive team is often called upon to handle its clients' highest-exposure cases. Those clients include academic medical centers, community hospitals, individual physicians and allied healthcare providers."  Sources say: "The firm possesses all the qualities we look for in a first-class defense firm – the ability to try cases, expertise in medical legal matters, responsiveness and value."  KEY INDIVIDUALS Practice head Donald DeVries is widely viewed as "the preeminent attorney in the state for complex medical issues." Craig Merkle wins praise for his professional malpractice defense work.” "I use Craig because I trust him to act with integrity and provide the resources and expertise we need in this complex legal area," reports one source. Thomas Monahan's "excellent practice" involves defending physicians, nurses, hospitals, long-term care facilities and other providers in medical negligence cases. Susan Preston has an extensive defense practice in the area of professional negligence. Observers note: "She is head and shoulders above many of her peers."  From Chambers USA 2012.

 

On a nationwide level, both Charlie P. Goodell Jr. and Robert A. Limbacher earned recognition in the Products Liability & Mass Torts practice area.  Chambers notes “Charles Goodell of Goodell, DeVries, Leech & Dann, LLP is widely praised for his expertise in pharmaceutical product litigation. He is currently representing Pfizer in trials relating to its hormone replacement therapy drug, Prempro. Robert Limbacher recently joined the team from Dechert LLP. He has particularly impressed sources with his work in high stakes pharmaceutical litigation.”  Mr. Goodell was also recognized as one of nine attorneys nationally as a Star Individual in the practice are of Products Liability: Pharmaceutical! 

 

Chambers USA is widely regarded as the gold standard for legal excellence.  Its rankings are based on 10,000 in-depth client and peer interviews to assess attorneys and firms on qualities such as technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other notable qualities most valued by the client.

 

Richard M. Barnes will Speak at ABA Pharmaceutical/Medical Device Regional Workshop

Richard M. Barnes will be speaking at the American Bar Association’s Pharmaceutical/Medical Device Regional CLE Workshop on Current Issues in Pharmaceutical and Medical Device Litigation.  The event will be held on Thursday, November 17, 2011 in Philadelphia, PA. 

Mr. Barnes will be a featured panelist presenting on “The Art of Pleading in a Post-Twombly/Iqbal World: Parallel Claims and More.”  This panel discussion will explore pleading issues related to the interplay between the Twombly and Iqbal decisions and affirmative defenses, in particular preemption.  Panelists will discuss parallel claims to defeat preemption asserting a violation of federal law and claims arguably not imposed by state law, such as breach of warranty, to determine how the concepts work together to defeat or sustain cases where preemption is a defense.  If you are interested in attending the event, visit: http://www.americanbar.org/calendar/2011/11/current_issues_inpharmaceuticalmedicaldevicelitigation.html.

 

Donald L. DeVries, Jr. Named Chairman of MSBA’s New Committee On Law Reform

Donald L. DeVries, Jr. was recently appointed chairman of the Maryland State Bar Association’s (MSBA) new Committee on Law Reform.  Created by MSBA President, Henry E. Dugan, Jr., the Committee on Law Reform will serve as the voice of the state’s legal profession, pursuing systemic change to improve the law for the benefit of the State’s citizens.  Through this Committee, the MSBA will assume a more proactive role in the development of laws in Maryland.  “The Committee will be comprised of a representative cross section of MSBA members, with the common goal of identifying beneficial consensus changes in the law,” explains Mr. DeVries.  Mr. DeVries further noted that the “MSBA is the ideal group to collectively identify much-needed new laws, ongoing problems with existing laws, such as unintended consequences, or laws that have become outdated.”  Goodell DeVries Partner, Marianne DePaulo Plant, was also appointed to serve on the Committee.

 

Goodell DeVries Salutes Partner K. Nichole Nesbitt on her Leading Women Award

Congratulations to K. Nichole Nesbitt for being one of the recipients of The Daily Record’s Leading Women award this year.  This award is being presented to 46 women in Maryland, age 40 years or younger, in recognition of the tremendous accomplishments they have made in their career, including professional experience, community involvement, and a commitment to inspiring change.  For more information on the program see http://mddailyrecord.com/leading-women.  Information about the December 1st event is forthcoming.

 

Thomas G. Coale Receives Leadership Council Award

Congratulations to Thomas G. Coale for being elected to receive the Columbia Foundation’s Leadership Council Award for 2011, which recognizes next generation members of nonprofit boards in Howard County.  Mr. Coale has been an active member of the Board of Directors for Voices for Children since 2007.

 

Thomas J. Cullen, Jr. to Co-Chair Lead Litigation Conference Oct 3-4, 2011

Thomas J. Cullen, Jr. will be co-chairing the annual HB Lead Litigation Conference on October 3-4, 2011 in Amelia Island, FL.  Mr. Cullen will be presenting on the topic of Practical Tips for Trying a Low Level Exposure Case.   If you are interested in attending the event, please contact: info@litigationconferences.com.   

 

Goodell DeVries Honored with Volunteer Award  

Goodell DeVries was honored to receive the “Outstanding Volunteer Law Firm of the Year” award by the Homeless Persons Representation Project for pro-bono work with the Veterans’ Benefits Project.  The firm’s pro-bono Veterans’ Benefit Project work is led by partner Craig B. Merkle and significant contributions this year were made by attorneys Renee Sewchand, Aaron Moore, Deborah Parraz, Shannon Madden Marshall, Sidney Leech, Erica Magliocca, Derek Stikeleather, and Meghan Yanacek.  The award was presented on April 11, 2011 at the annual volunteer appreciation reception held at the University of Baltimore School Of Law.

When asked about the award Craig Merkle responded:  “Too often we are consumed by the demands of our practice and our personal lives, and we fail to see the great need of many who have become invisible in society.  The Veterans Benefits Project and the Homeless Persons Representation Project provide opportunities for lawyers to try to give a voice to those who have lost theirs.  We are very grateful for the opportunity to help.  We also extend our thanks to the many volunteers and donors who contribute their support these valuable programs.”

The Homeless Persons Representation Project (HPRP), a non-profit organization, provides legal services and systemic advocacy on behalf of people who are homeless or at risk of homelessness. HPRP is the only free legal services provider in Maryland to represent veterans in claims for veteran's benefits. The Veterans’ Benefit Project seeks to meet the legal needs of homeless veterans in Baltimore City by training volunteer attorneys in veterans benefits matters, including disability compensation and pension benefits. Veterans’ benefits are substantial enough to pay for housing, but Maryland has the highest number of homeless veterans of any surrounding state or D.C.  For more information about HPRP, visit their website: www.hprplaw.org.

To read the Daily Record article, click here.

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Goodell DeVries Salutes our Partner Marianne DePaulo Plant on her Leading Women Award  

Congratulations to Marianne DePaulo Plant for being one of the recipients of The Daily Record’s Leading Women award.  This year is the inaugural launch of the Leading Women program, which honors fifty women in Maryland, forty years old or younger, on the tremendous accomplishments they have made so far in their career, including professional experience, community involvement, and a commitment to inspiring change.  For more information on the program see http://mddailyrecord.com/leading-women/

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Goodell DeVries Supports My Sister's Place Bridesmaids' BINGO Event

GDLD is proud to support My Sister's Place Women's Center, which held its annual Bridesmaids' BINGO fundraiser on May 12th.  Managing Partner, Linda S. Woolf, served on the Bridesmaids' BINGO Committee, and partner Kelly Hughes Iverson, coordinated the Women's Bar Association's participation in the event.  Partner Shannon Marshall coordinated the firm's efforts, which included assembly of the event's "best gift basket."  This year's Bridesmaids' BINGO event broke its prior annual fundraising record, and we hope to set the bar even higher next year.  My Sister's Place Women's Center serves homeless women and their children as they make their way back to a life of stability and self-sufficiency.  For more information on, or to support, My Sister's Place, visit their website at:  www.cc-md.org. 

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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

Medical Malpractice Team Obtains Jury Verdict

On April 10, 2012, Thomas V. Monahan, Jr. and Elizabeth A. Hafey obtained a defense verdict in favor of Manor Care Largo MD, LLC, a nursing home in Prince George’s County after a six-day trial.  In Lissa Ross v. Manor Care Largo, the ten children of James Johnson alleged that their father fell from a wheelchair at Manor Care Largo, sustained an injury to his brain which resulted in surgery six days later and, ultimately, died less than 24 hours after the brain surgery.  After hearing defense experts in geriatrics, neurosurgery and neuroradiology, the jury concluded that there was no breach in the standard of care by any nurses or staff at Manor Care Largo.

 

Medical Malpractice Team Obtains Verdict for Surgeon

Craig B. Merkle and Adam Kelley recently obtained a defense verdict in a wrongful death suit on behalf of a general surgeon in the Circuit Court of Wicomico County, Maryland. In the case of Paluba v. MASG, the plaintiffs alleged that the defendant surgeon failed to properly repair and treat an anastamotic leak discovered during a low anterior resection for rectal cancer.  The patient's subsequent course was complicated by a persistent high ileostomy output, Klebsiella pneumonia, an inflamed abdominal aortic aneurysm, an infected endograft and an aortoenteric fistula.  After 8 days of trial, the jury determined that the defendant had not breached the standard of care in the decisions made at the time of surgery or in the patient's postoperative management. Nine physicians testified during the trial on a wide range of issues, including, surgical oncology, infectious disease, vascular surgery, and gastroenterology.

 

Goodell DeVries Obtains Fourth Circuit Reversal of the United States District Court for the District of Maryland in a Professional Liability Insurance Coverage Case

Kamil Ismail and Joseph B. Wolf obtained reversal in the United States Court of Appeals for the Fourth Circuit of the lower court’s entry of summary judgment against their accounting firm client in a professional liability insurance declaratory judgment action. In its December 22, 2011 opinion, the Fourth Circuit held that the district court erred in granting CAMICO Mutual Insurance Company and denying the accounting firm summary judgment regarding a duty to defend the accountants in three state court professional liability actions. The court rejected CAMICO’s argument that coverage was excluded because there were also allegations of insurance agent or broker liability in the underlying actions. The Fourth Circuit reversed the district court’s grant of summary judgment to CAMICO and directed the district court to enter judgment in favor of the accounting firm. The appellate court also agreed with the accounting firm that the district court’s decision that there was no duty to indemnify was premature under Maryland law because the coverage issues were intertwined with the underlying liability issues, and the latter were still being litigated in the professional liability cases.

 

Goodell Attorneys Successfully Defend Internist in Wrongful Death Claim              

Craig B. Merkle and Thomas G. Coale obtained a defense verdict this week in the Circuit Court for Carroll County, Maryland in a medical malpractice claim arising from the unexpected death of a 39 year old patient.  In the case of Powell v. Dr. B, the plaintiffs alleged that the decedent sustained a fatal pulmonary embolism more than a month after a fasciotomy to treat compartment syndrome in his lower extremity.  The plaintiffs alleged that the internist who discharged the patient from the hospital should have ordered extended DVT prophylaxis in the  form of Lovenox or Coumadin based  upon a series of alleged risk factors for DVT, including obesity, reduced mobility, smoking, edema and infection.  The defense successfully argued that existing practices did not require the use of dangerous blood thinners, especially since the plaintiff was able to  weight bear after his surgery and had no history of thrombophilia  or clotting disorders.

 

Goodell DeVries Attorneys Obtain Successful Defense Verdict for Pharmaceutical Companies After Three Week Jury Trial

Leading a multi-firm trial team, Charles Goodell, with the assistance of Shayon Smith, obtained a defense verdict on behalf of two pharmaceutical companies in the United States District Court for the Southern District of West Virginia  after a three week jury trial.  The plaintiff alleged that her breast cancer was caused by her use of hormone therapy medications manufactured and sold by the defendants. The jury found that the defendants’ medications did not cause the plaintiff’s breast cancer and that the plaintiff failed to timely file her lawsuit within the statute of limitations.

 

Goodell DeVries Obtains Federal Court Judgment on Behalf of National Property Management Firm, Defeats Multi-Million Dollar Counterclaim

Following a four-week bench trial, Goodell DeVries (Linda S. Woolf, Thomas J.S. Waxter, III and Joseph B. Wolf) obtained a judgment of $926,211 plus prejudgment interest on behalf of their client, Georgia-based Ambling Management Company and defeated a multi-million dollar counterclaim.  In his September 8, 2011 Memorandum Opinion in Ambling Management Company v. University View Partners, LLC, Case No. 1:07 –cv-02071, Judge William D. Quarles, of the United States District Court in Baltimore, found that University View Partners, LLC, the entity that owned the University View Apartments student-housing property adjacent to the University of Maryland, College Park campus, had breached a five-year property management agreement with Ambling when it terminated the agreement without cause three years early.  The court also found in favor of Ambling as to University View Partners’ counterclaim for breach of the management agreement in which University View was seeking more than $1.2 million as well as more than $1 million in attorney’s fees.  The court concluded that the alleged management deficiencies were actually caused or contributed to by one of the members of University View Partners, who had been appointed the Owner’s Representative under the management agreement.

Ambling Management Company, headquartered in Valdosta, Georgia, is one of the leading providers of innovative, high quality, professional property management services in the country.  Its portfolio includes both student and multi-family housing.

 

Defense Verdict returned in 50 minutes after 9 day jury trial

Susan T. Preston and Janet MacDonald obtained a defense verdict on behalf of a gynecologist in the Circuit Court of Maryland for Anne Arundel County after a nine day jury trial.  The plaintiff alledged that she suffered a bowel injury during a vaginal hysterectomy that was not recognized resulting in a rectovaginal fistula and five sugeries attempting to repair the bowel.  The plaintiff claimed permanent damages arising from the alleged injury, including the need for a colostomy and ileosotomy and future loss of earning capacity.  The jury deliberated only 50 minutes before returning its decision.

 

Flesh Eating Bacteria No Match for Goodell DeVries Trial Team

Craig B. Merkle and Shannon Madden Marshall obtained a defense verdict in the Circuit Court of Prince Georges County on July 11, 2011 following a week long medical malpractice trial. In the case of Penn v. Lee, the plaintiff alleged that her gynecologist negligently failed to diagnose and treat necrotizing fasciitis following a hysterectomy. The defense presented evidence that necrotizing fasciitis -- which is often described in the media as the "flesh eating bacteria"--is an unusual and unpredictable post operative infection and that it was timely recognized and treated in this case. The defense utilized the testimony of experts in infectious disease and gynecology, and an aggressive cross examination of the plaintiff's standard of care expert.

 

Goodell DeVries Defeats Class Certification in New Jersey Federal Court: Plaintiffs Sought Nationwide Class of All Purchasers of Pet Care Product

Goodell DeVries (Linda Woolf, Nichole Nesbitt, and Derek Stikeleather) recently secured a major class action victory for Pfizer Inc in the U.S. District Court of New Jersey.  Mahtani v. Wyeth, No. 08-cv-6255-KSH (D.N.J. June 30, 2011).  The court denied certification of a proposed nationwide class of purchasers of a flea and tick product for dogs.  Plaintiffs sought refunds for every purchase of millions of product doses by alleging consumer fraud, breach of warranty and unjust enrichment.  In the alternative, they sought classes for all New Jersey and Maryland purchasers.

Plaintiffs’ suit alleged that the spot-on liquid pesticide for dogs was ineffective and unsafe because it contained a pesticide known to have side effects in other applications and was not adequately tested.  But, through fact and expert discovery, Goodell DeVries established that the product was thoroughly tested before going to market and comparable to leading competitor products in efficacy and safety.  The Court agreed that the product “proved highly effective in studies and was the subject of only a small number of adverse event reports.”  It also recognized that the vast majority of dogs treated with it suffered no adverse effects.

Because the adverse effects associated with the product were so uncommon, the court categorically rejected Plaintiffs’ argument that the case could be resolved through class treatment under Federal Rule 23, even on an individual state level.  It explained that each purchaser’s claim required intensive individual inquiry to possibly find liability, and, thus, individual questions predominated over common ones.  Since the vast majority of purchasers got a product that worked perfectly well with no adverse effects, the court found no basis to subject defendants to a certified class action.

To open a link to the court’s opinion, click the case name above.

 

GDLD Secures Dismissal for Small Eastern Shore Town Accused of Failing to Abate Contamination

On April 15, 2011, the Circuit Court for Caroline County granted a motion to dismiss filed by GDLD (Linda S. Woolf and K. Nichole Nesbitt) on behalf of the Town of Goldsboro, Maryland. 

The plaintiff, who owned a large piece of property that previously operated as a campground and recreational lake facility, alleged that her property has been subjected to ongoing contamination since the 1970s as a result of leaking private septic tanks in Goldsboro.  She asserted that, although the septic tanks were privately owned by residents and not publicly operated, Goldsboro had a duty to abate the contamination because Goldsboro entered into a consent order with the Maryland Department of the Environment in which it agreed to study the potential solutions to the leaking septic tank problem.  The plaintiff sought an injunction that would require Goldsboro to abate the problem and damages for loss of value to her property. 

GDLD argued that the injunction claim failed as a matter of law because the plaintiff lost ownership of the property to foreclosure following the filing of the original complaint.  The court agreed that the plaintiff had no standing to seek an injunction, given that she no longer owned the property.  The court further held that the damages claims were barred by the statute of limitations, given that the plaintiff admittedly had knowledge of the contamination more than a decade before she filed the complaint.  Having found that the complaint was time-barred, the court did not reach the immunity defenses that GDLD asserted on Goldsboro’s behalf.

The case was Litz v. Town of Goldsboro, et al., Circuit Court for Caroline County, Case No. 05-C-10-013616. 

 

Summary Judgment Victory – Court Rules that Plaintiff Failed to Prove Proximate Causation in Urologic Surgery Case 

On April 1, 2011, Craig B. Merkle and Shannon Madden Marshall earned summary judgment in favor of their clients, S. Mark Redwood, M.D. and Larry Waskow, P.A. in a medical malpractice action case pending in the Circuit Court for Baltimore City, case no. 24-C-10-000930 OT.   Plaintiff Stanley Jenkins also sued an anesthesiologist. 

Plaintiff Stanley Jenkins required surgical intervention for the treatment of kidney stones.  Dr. Redwood successfully performed the urologic surgery at issue with no apparent intraoperative complications.  Post-operatively, the patient suffered an acute cardio-respiratory decline.  He underwent emergency exploratory surgery, suggesting that a pulmonary embolism had suddenly and unexpectedly caused the event.  The patient recovered, and returned to full employment. 

Mr. Jenkins claimed that all Defendants were negligent by failing to perform (or refer the patient preoperatively for) additional testing to ensure that he could endure the surgery under general anesthesia.  Plaintiff’s expert witness, an anesthesiologist, admitted that she did not know what additional testing would have shown, nor whether the patient’s outcome likely would have been avoided in any circumstance.  She also admitted that her field (anesthesiology) is not related to the field of medicine practiced by Dr. Redwood and Mr. Waskow. 

Goodell DeVries attorneys moved to dismiss or for summary judgment.  They argued that the Certificate of Qualified Expert and report signed by Plaintiff’s anesthesiologist were not valid as to these Defendants for lack of an adequate foundation, and further that Plaintiff had failed to produce adequate proof of causation.  After oral argument, the court rendered summary judgment from the bench in favor of both Dr. Redwood and Mr. Waskow. 

 

GDLD Attorneys Successfully Defend Obstetrical Malpractice Claim by Brain-Damaged Infant

Craig Merkle and Kelly Hughes Iverson obtained a defense verdict on January 21, 2011 for three obstetricians, two physician assistants, and their obstetrical practice group following a nearly three-week trial in the Circuit Court for Montgomery County, Maryland.  In Eskandary v. RHJN, et al., the two-year-old plaintiff's mother suffered a cardiac arrest and died while 40 weeks pregnant. The baby, who was delivered by emergency traumatic cesarean section, was severely brain damaged and now requires, among other things, tracheostomy, tube feeding, and 24-hour nursing care.  The plaintiff alleged that in the course of her prenatal care, his mother's obstetricians allegedly failed to refer her for cardiac work-up to identify a congenital heart malformation, which was first identified on autopsy, that led to sudden arrthymia and cardiac arrest.  The plaintiff asserted that diagnosis of the condition should have led to early delivery of the baby before the mother's arrest.  The plaintiff claimed damages approaching $20 million and elicited the testimony of several treating physicians and providers to attest to the child's global brain injury and profound disabilities. Mr. Merkle and Ms. Iverson presented the testimony of all of the obstetric providers, as well as expert testimony in the fields of maternal-fetal medicine and cardiology, among others.  The jury returned a verdict in favor of all six defendants.  Mr. Merkle and Ms. Iverson had previously obtained a summary judgment in favor of a fourth obstetrician in the case. 

 

Fourth Circuit Affirms Summary Judgment in High-Profile Medical Malpractice Lawsuit Based on GDLD’s Successful Daubert Challenge to Expert Medical Causation Testimony.

In its December 14, 2010 ruling, the Fourth Circuit has affirmed a notable summary judgment win and important Daubert ruling that GDLD, through Susan Preston, Danielle Dinsmore and Derek Stikeleather, obtained in the District of Maryland last year.  McEwen v. Baltimore Washington Medical Center, No. 09-2141.  The district court had excluded the medical causation expert testimony offered by the plaintiff, former CBS morning news personality Mark McEwen, and granted summary judgment for all defendants on plaintiffs’ $20 million medical negligence action.  To support his claim, plaintiff produced two neurologists who offered expert opinions that if defendants administered certain anti-stroke medications on November 13, 2005, it would have prevented plaintiff's stroke less than two days later.

In the District Court, defendants successfully challenged the reliability of both experts’ testimony under Daubert.  The District Court found both experts' testimony 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 percent.  Ruling on the eve of trial, the District Court did not issue a written opinion.

The Fourth Circuit heard oral argument on October 27, 2010, which Mr. Stikeleather argued for defendants/appellees.  In its ruling, the three-judge panel found Judge Motz did not abuse his discretion in excluding the proffered experts’ testimony.  It explained that the ruling was sound because “the McEwen’s experts failed to meaningfully account for medical literature at odds with their testimony, declaring without explanation that the studies cited by BWMC did not apply to McEwen.”  The panel concluded that the “district court’s thoroughly reasoned oral decision plainly reflects its determination that the McEwens had not carried their burden of presenting evidence from which the court could determine that the proffered testimony was properly admissible.”  To read the full opinion, click the link above.

 

Goodell DeVries Attorneys Successful in Wrongful Death, Medical Malpractice Trial

Marcantonio v. Women's OB/GYN.  On October 18, 2010, Craig B. Merkle and Marianne DePaulo Plant obtained a defense verdict on behalf of a gynecologist and her group in this case alleging medical malpractice and wrongful death.  The verdict followed a 2 week trial in the Circuit Court for Anne Arundel County, Maryland.  The Plaintiffs alleged negligence for failing to diagnose endometrial cancer in a 60 year old patient who had been followed for many years in the defendants' practice.  Plaintiffs asserted an endometrial biopsy was necessary for the evaluation of this patient's uterine lining, as she was experiencing abnormal postmenopausal bleeding after being treated with cyclic hormone replacement therapy from 1990-2000.  The defense successfully argued that the referral for a pelvic ultrasound, rather than a biopsy, was within the standard of care under the circumstances.  The case involved complex issues of pathology, oncology, mixed tumors, diagnostic imaging, as well as the prevailing standards of care for practicing gynecologists.

 

Goodell Obtains Key Appellate Win in District of Columbia for Elevator Manufacturer: Decision Clarifies D.C. Law on Overlapping Doctrines of Contributory Negligence and Assumption of the Risk

For the second time in two weeks, the GDLD appellate team has secured a major victory in the highest court of a local jurisdiction. The District of Columbia Court of Appeals issued its opinion in Phillips v. Fujitec America. Inc. et al., No. 09-cv-480 , on September 2, 2010, affirming summary judgment for GDLD’s client, an elevator manufacturer, and several co-defendants. Each was accused of negligence after a young woman tragically fell to her death while trying to climb out of an elevator cab that had stalled between floors of a building she was visiting. Sid Leech won summary judgment in the District of Columbia Superior Court, arguing that the decedent was contributorily negligent and had assumed the risk of injury by climbing out of the elevator instead of listening to instructions to wait for help to arrive. Sid also argued the case on appeal. Derek Stikeleather assisted with the trial court and appellate briefing.

The trial court found that the decedent’s assumption of the risk barred any recovery by her parents and granted summary judgment to all defendants. On appeal, the plaintiffs argued that because the trial court had affirmatively stated it could not grant summary judgment on contributory negligence, the decedent could not have assumed the risk of injury as a matter of law. In a remarkable opinion, the D.C. Court of Appeals rejected the trial court’s reasoning but affirmed its result. It held that the trial court’s legal analysis of contributory negligence was incorrect because the decedent was contributorily negligent as a matter of law. The opinion, which is to be published by the Court as binding precedent, clarifies D.C. law on the interplay between the overlapping doctrines of contributory negligence and assumption of the risk. It also provides important guidance on when summary judgment is appropriate in the District under either doctrine. To read the full opinion, click the link above.

 

Goodell Appellate Team Fends Off Landlords’ Constitutional Challenge To College Park Municipal Ordinance

GDLD’s lawyers recently secured an important win in Maryland’s highest court.  See Tyler v. City of College Park, No. 126 September Term 2009.  The Court of Appeals of Maryland affirmed the Circuit Court’s summary judgment for GDLD client, the City of College Park, Maryland.  GDLD’s Managing Partner, Linda Woolf, and Nichole Nesbitt represented the City throughout the case and obtained summary judgment from the trial court on the plaintiffs’ state constitutional challenge to College Park’s housing policy and duly-enacted rent control ordinance.  Derek Stikeleather handled the appellate briefing, which included lifting an injunction pending appeal against the City. 

Numerous landlords challenged the City ordinance, which capped rents that could be charged in traditional residential neighborhoods.  The popularly elected City Council passed the ordinance to promote affordable housing in the neighborhoods, reduce speculative investment pressure on the prices of single-family residential homes, and preserve the character of traditional residential neighborhoods.  The ordinance exempted apartment complexes and similar multi-unit housing from the cap in order to promote the construction of student-friendly apartments close to the University of Maryland’s main campus, an area that continues to face extensive student housing demands.

GDLD successfully argued that the ordinance could not be struck as unconstitutional because the applicable rational basis standard of review protects a municipality’s legislative decisions unless they are truly arbitrary or oppressive.  The Court agreed, observing that legislative decisions on issues such as housing policy are “left to the legislature itself and ultimately to the affected electorate,” and that judicial intervention here would be improper.  Slip op. at 25.  The Court of Appeals also affirmed summary judgment on the landlords’ other claims, which had alleged that the ordinance was impermissible “de facto zoning” and violated the State and County Fair Housing Acts.  To read the full opinion, click the link above.

 

GDLD Attorneys Obtain Dismissal in United States District Court for the District of Maryland on Lack of Subject Matter Jurisdiction and Failure to Join an Indispensable Party under Maryland's Wrongful Death Statute

On July 26, 2010, Attorneys Craig B. Merkle and Thomas G. Coale obtained the dismissal of an action from United States District Court for the District of Maryland based on lack of subject matter jurisdiction and failure to join an indispensable party. In Ward v. Walker, Case No. 09-3256, an action for negligence and wrongful death, Plaintiffs alleged diversity jurisdiction between the Decedent, alleged to be a Florida resident, and Maryland health care providers. In their Motion to Dismiss, the defense noted that Plaintiffs had failed to include the Decedent's daughter, a Maryland resident, in their action for Wrongful Death, which is required under statute, and that the inclusion of this plaintiff would destroy diversity between the parties. Although Plaintiffs attempted to dismiss the Wrongful Death claim at the time of hearing, the defense successfully argued that the "time of filing" rule required that the Motion must be decided on the pleadings as originally filed and that Plaintiffs were not permitted to manufacture federal jurisdiction by dismissing the Wrongful Death claim. The Hon. Judge Richard Bennett agreed, dismissing the action in its entirety pending refiling in Maryland state court, and found that the Decedent's daughter was an indispensable party under the Maryland Wrongful Death statute. Judge Bennett's Opinion further held that Plaintiffs' attempt to dismiss the Wrongful Death claim was tantamount to manufacturing federal jurisdiction and impermissible under the "time of filing" rule. Judge Bennett's opinion in the Ward v. Walker case can be found at 2010 WL 2902777.

 

GDLD Attorneys Obtain Summary Judgment in the United States District Court for the District of Maryland in a Product Liability Lawsuit  

Thomas M. Goss and George S. Mahaffey, Jr. obtained summary judgment for their client, Anheuser-Busch, Inc., in a product liability lawsuit, Harzall v. Anheuser-Busch, Inc., 2010 WL 2671723, July 2, 2010.

 

Goodell, DeVries, Leech & Dann, LLP, Establishes that Client was not Negligent in Slip and Fall Case

On May 21, 2010, Richard L. Nilsson obtained a defense verdict for one of the firm's clients in the Circuit Court for Carroll County. The client recycles used restaurant grease to be used for other environmentally friendly purposes. The Plaintiff alleged that he slipped and fell on grease while nearby one of the client's collection receptacles that was being used by a local restaurant and that the fall caused him to herniate two discs in his lower back. As a result of the injuries alleged, the Plaintiff claimed that he was off from work for two years, had a diminution in his wage earning capacity for the rest of his life, incurred considerable past medical expenses, and that he would incur similar medical expenses in the future due to his claimed permanent injuries.

The defense presented evidence that there were questions regarding whether the Plaintiff actually slipped on grease and that the client had a reasonable and prudent spill policy. Evidence was also presented that the client could not have caused the alleged spill, that they were not otherwise responsible for the spill claimed by the Plaintiff, that they had no notice of any spill, and that they did not breach any other duty of care owed to the Plaintiff. On the fourth day of trial, and after deliberating for about one hour and forty-five minutes, the jury returned its verdict in favor of the client.

 

Goodell, DeVries, Leech & Dann Lawyers Win Plastic Surgery Trial

Craig B. Merkle and Marianne DePaulo Plant obtained a defense verdict on May 13, 2010 on behalf of their plastic surgeon client and his practice group after a jury trial in the Circuit Court for Wicomico County.  Barbely v. PPS, et al. involved allegations of negligence in a series of reconstructive plastic surgery procedures, which the patient underwent following prophylactic bilateral mastectomy.  The patient initially alleged improper surgical technique in the first reconstructive operation, and alleged that she was not properly advised to refrain from smoking cigarettes for a certain period of time before and after each of her reconstructive surgeries.  As a consequence, she asserted that she did not refrain from smoking, and thus prevented adequate healing in her reconstructed breasts-- leading to tissue necrosis.  The patient alleged that she was therefore constrained to undergo a reconstructive surgery using autologous donor flaps from her back (a latissmus dorsi myocutaneous breast reconstruction).  The patient claimed the alleged medical malpractice of the Defendants caused her to develop a disabling, permanent pain syndrome at one of the donor sites on her back.  After deliberating for an hour and fifteen minutes, the jury found that there was no negligence on the part of the Defendants.

 

Goodell, DeVries, Leech & Dann, LLP Obtains Affirmance of Summary Judgment for Physician Consultant on Grounds of No Physician-Patient Relationship in Context of Informal Consult

On March 18, 2010, Attorneys Donald L. DeVries, Jr., Kelly Hughes Iverson, and K. Nichole Nesbitt obtained the affirmance from the District of Columbia Court of Appeals of an entry of summary judgment on behalf of Washington Hospital Center and one of its physicians in a multi-million dollar medical malpractice action pending in the District of Columbia.  The case, Gilbert, et al., v. Washington Hospital Center Corporation, et al., (D.C. Appeal No. 07-CV-000315), asserted that Ilyaas Gilbert was born with severe neurologic injuries after his mother experienced a rupture of her uterus in labor in an attempt to have a vaginal birth after having two previous cesarean section deliveries.  In addition to suing the midwives who provided the mother’s prenatal care, the plaintiffs sued a physician with whom one of the midwives consulted about the plan of care prior to her delivery.  Granting summary judgment, the Superior Court for the District of Columbia determined that the physician owed no duty to the mother, as he had no physician-patient relationship with her.  The Court of Appeals affirmed.

The plaintiffs asserted that the mother, Saara Abdul-Haqq, was an inappropriate candidate for vaginal birth in light of her two prior cesarean sections and that she was not given appropriate information concerning her risks.  Although all of her prenatal care was provided by certified nurse midwives employed by a non-profit birthing center, one of the midwives consulted with the defendant physician on one occasion approximately 5 weeks before Ms. Abdul-Haqq’s delivery. 

The plaintiffs pointed to a memorandum of understanding between the birthing center and Washington Hospital Center, which provided a system for “medical consultation and backup OB/GYN services” and called for the defendant physician to provide informal consultation to the midwives, collaborate with them where appropriate, and accept the transfer of patients who had complications beyond the expertise of the midwives.  The plaintiffs argued that Ms. Abdul-Haqq was a complicated patient by virtue of her prior cesarean sections and that the physician owed a duty to Ms. Abdul-Haqq to instruct the midwives and, if necessary, the patient herself, that she was not an appropriate candidate for vaginal delivery. 

The defense argued that the brief consultation between the physician and Ms. Abdul-Haqq’s treating midwife did not give rise to a duty because the physician never treated, evaluated, spoke with, saw, or met Ms. Abdul-Haqq, but rather simply provided his advice – which the midwives were free to accept or reject – during a less than 10-minute discussion.  The defense further argued that the midwives were capable of caring for the patient, that her history of prior cesarean sections did not make her a “complicated” patient beyond the competence of the midwives, and that the physician had no duty under the memorandum of understanding to intervene in the patient’s care when the midwives did not seek to transfer the patient to him. 

The Court of Appeals affirmed the lower court’s entry of summary judgment, holding that the consulting physician had no duty to “take charge” of Ms. Abdul-Haqq’s treatment, noting that the midwives were “independent practitioners fully qualified to act in these circumstances” and that the physician “did not become in practical terms the ultimate decision-maker” in the patient’s care. 

The opinion can be found at 2010 WL 944181.   

 

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

November 2, 2011

CHARLES P. GOODELL, JR. ADMITTED TO

 AMERICAN COLLEGE OF TRIAL LAWYERS

Charles P. Goodell, Jr. has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.

The American College of Trial Lawyers is composed of the best of the trial bar from the United States and Canada and is widely considered to be the premier professional trial organization in America.  Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, the administration of justice and the ethics of the profession.

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.  Membership cannot exceed one percent of the total lawyer population of any state or province.

Mr. Goodell is a well respected trial lawyer with national recognition for defending complex pharmaceutical, medical device, and toxic tort cases in state and federal courts nationwide.  Chambers USA noted that sources describe Mr. Goodell as “instantly accessible, robust in his advice and zealous in driving forward his client’s interests.”

Since founding Goodell DeVries in 1988, he and his partners have successfully built the firm’s product liability practice with many notable clients including, Pfizer, Wyeth, Bayer, AstraZeneca, and A.H. Robins.  Some of his vast trial and litigation management experience includes serving as national counsel defending manufacturers of pacemaker leads, blood products used by hemophiliacs, and lung injuries claimed from talc.  He also has served on national trial teams defending makers of drugs to treat diabetes, heart valves, COX-2 pain medicine, PPA, statins for treatment of cholesterol, hormone replacement therapy, Neurontin, and diet drug litigation.

About Goodell DeVries

 

Goodell DeVries is a 58-attorney firm with offices in Baltimore and Philadelphia.  It provides litigation and litigation management solutions with clients across the country.  It is best known its trial expertise in defending pharmaceutical product liability, mass tort and serious medical malpractice cases and also has an extensive practice in complex commercial, employment, and insurance coverage litigation.  www.gdldlaw.com

 

 Press Release  

June 1, 2011

Goodell DeVries Opens Philadelphia Office &

Welcomes Former Dechert LLP Partner Robert A. Limbacher

PHILADELPHIA – The Baltimore-based trial law firm of Goodell, DeVries, Leech & Dann, LLP announced today that Robert A. Limbacher has joined the firm as a partner to open and head its Philadelphia office.  Former Dechert LLP lawyer Eben S. Flaster has also joined the Philadelphia office as a partner. 

“Adding Bob Limbacher and Eben Flaster complements our pharmaceutical, mass tort, and product liability practices as both Bob and Eben have extensive experience defending sophisticated products liability litigation and serving as lead counsel to resolve complex legal matters,” said founding partner Charles P. Goodell, Jr.  

While at Dechert, Robert A. Limbacher served as the former chair of the mass torts and product liability group.  At Goodell DeVries, his practice will continue to focus on product liability, pharmaceutical litigation, mass torts, and complex commercial litigation.  “We are excited to join a firm with such an excellent reputation for defending pharmaceutical companies involved in product liability litigation, as this is an area in which Eben and I have considerable expertise,” said Mr. Limbacher.

Since 2006, Mr. Limbacher has been recognized as among the top product liability lawyers by Chambers USA, a referral guide to leading lawyers in the United States based on opinions of peers and clients.  In the 2008 edition, Chambers noted he is “a fantastic trial lawyer with great presence and ability.”  He has also been recognized in The Best Lawyers in America for mass tort litigation and product liability law since 2007.  Some of Mr. Limbacher’s trial victories have been highlighted in The National Law Journal and The Wall Street Journal.  Mr. Limbacher earned his B.A., cum laude, from Texas A&M University in 1977 and his J.D. from the University of Texas in 1981, where he served on the University of Texas Law Review.

Eben S. Flaster, formerly an associate with Dechert LLP’s product liability and mass torts   group, has extensive experience in defending pharmaceutical, nutraceutical, and biotechnology companies in national products liability and commercial litigation matters.  While at Dechert LLP, Mr. Flaster has served on numerous products trial teams and developed significant expertise managing national defensive discovery and complex e-discovery matters for large corporate clients.  He is also highly regarded by clients as an advisor and consultant, assisting companies in the assessment and mitigation of litigation risk exposure and developing compliance and risk management policies and guidelines based on industry best practices.  Mr. Flaster earned his B.A. from Cornell University, magna cum laude, in 1998 and his J.D. from the Georgetown University Law Center in 2001, where he was the business editor of the Journal of Law and Policy in International Business and a guest columnist for the Georgetown Law Weekly.

“We are delighted to welcome these talented lawyers to Goodell DeVries and to be expanding to Philadelphia,” said Linda S. Woolf, who has served as managing partner since 2005 and heads the firm’s commercial litigation practice. 

About Goodell DeVries

 

Goodell DeVries is a Baltimore-based litigation firm with fifty-six attorneys.  It provides litigation and litigation management solutions to Fortune 500 companies across the country.  The firm is best known for its expertise in defending pharmaceutical product liability, mass tort and serious medical malpractice cases and also has an extensive practice in complex commercial, employment, and insurance coverage litigation.  www.gdldlaw.com

 

Press Release

November 29, 2010

CHARLES P. GOODELL, JR. NAMED  MASS TORT LITIGATOR OF THE YEAR BY BEST LAWYERS

 Baltimore, MD, November 2010 — Charles P. Goodell, Jr., a founding partner of Goodell, DeVries, Leech & Dann, LLP, has been named ‘Baltimore Best Lawyers Mass Tort Litigator of the Year’ for 2011.

 

Mr. Goodell is a well respected trial lawyer recognized nationally for his work defending complex pharmaceutical, medical device, and toxic tort cases in state and federal courts.  Since founding Goodell DeVries in 1988, he and his partners have successfully built the firm’s product liability practice, whose notable clients include Pfizer, Wyeth, Bayer, Johnson & Johnson, AstraZeneca, Vermont Talc, and A.H. Robins. 

Some of Mr. Goodell’s vast trial and litigation management experience includes serving as National Counsel defending manufacturers of pacemaker leads and blood products used by hemophiliacs and on national trial teams defending serious product liability claims against makers of diabetes medications, heart valves, COX-2 pain medicine, hormone replacement therapy, Neurontin, diet drugs, statins for treatment of cholesterol and talc.

Best Lawyers, through peer review surveys, has recognized Mr. Goodell as a leader in the practice areas of Mass Tort Litigation and Product Liability Litigation every year since 2006.  Chambers USA, another well respected peer-review attorney directory, lists Mr. Goodell as a national specialist in the category of Product Liability: Pharmaceutical (2010).  Chambers’ sources describe Mr. Goodell as “instantly accessible, robust in his advice and zealous in driving forward his client’s interests.”  Chambers also recognized that Mr. Goodell was chosen as co-counsel by Pfizer to represent the company in the first Neurontin case to go to trial.

Goodell, DeVries, Leech & Dann, LLP is a 54-attorney trial boutique based in Baltimore, Maryland.  The firm is best known for its trial expertise in the defense of product liability, toxic tort, serious medical malpractice cases, and commercial and insurance coverage litigation. We are proud to serve Pfizer Inc as one of only 20 Pfizer Legal Alliance firms worldwide.  www.gdldlaw.com.

 

About Best Lawyers:

After more than a quarter-century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.

Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Charles P. Goodell, Jr. on being selected as the ‘Baltimore Best Lawyers Mass Tort Litigator of the Year’ for 2011.”

 

Press Release

August 2010

                                                                                                      Eleven Goodell, DeVries, Leech & Dann Attorneys Listed In “The Best Lawyers In America 2011”

Goodell, DeVries, Leech & Dann, LLP is proud to announce that 11 of its attorneys have been named to The Best Lawyers in America®  2011 and the firm continues to be ranked Tops in Maryland. 

Goodell, DeVries, Leech & Dann, LLP: Best Lawyers
Richard M. Barnes (2011)	Mass Tort Litigation Product Liability Litigation
Thomas J. Cullen, Jr. (2011)	Personal Injury Litigation
Donald L. DeVries, Jr. (1995)	Medical Malpractice Law Personal Injury Litigation
Charles P. Goodell, Jr. (2006)	Mass Tort Litigation Product Liability Litigation
Amy B. Heinrich (2007)	Medical Malpractice Law
Jeffrey J. Hines (2006)	Legal Malpractice Law
Sidney G. Leech (2007)	Commercial Litigation Personal Injury Litigation
Craig B. Merkle (2008)	Medical Malpractice Law Personal Injury Litigation
Thomas V. Monahan, Jr. (2011)	Medical Malpractice Law
Susan T. Preston (2008)	Medical Malpractice Law
Linda S. Woolf (2009)	Bet-the-Company Litigation Commercial Litigation

 

Goodell, DeVries, Leech & Dann, LLP: Top-Listed Firm
Top-Listed in Maryland in Medical Malpractice Law with 5 attorneys. *
Top-Listed in Maryland in Personal Injury Litigation with 4 attorneys. *
Top-Listed in Baltimore, MD in Legal Malpractice Law with 1 attorney. *
Top-Listed in Baltimore, MD in Medical Malpractice Law with 5 attorneys. *
Top-Listed in Baltimore, MD in Personal Injury Litigation with 4 attorneys. *

(*) Denotes tie with 1 or more firm(s).

       

Goodell, DeVries, Leech & Dann, LLP: Select Client Comments

“Goodell, DeVries, Leech & Dann is one of the small handful of firms we trust to handle our medical malpractice cases.  They have a great depth of talent that is able to successfully defend the most complex and sensitive of cases.  I have the utmost respect for the work they do and the results they achieve.” 

Larry Smith, MedStar Health Corporate Office

 

“Our company takes product liability cases to jury two to three times a year. The last three trials involved leg amputations and were venued in Long Island, Charleston, W.Va., and West Palm Beach. Mr. Cullen was lead lawyer in all three and all were defense verdicts. He has won eight in a row for our company. If you need a lawyer who can win a verdict, Mr. Cullen's record is awesome. His proven success also has led to several settlements for reasonable numbers where the plaintiff's lawyer recognized his track record.”

John Maxa, Crown Equipment Corporation

For More Client Comments visit: www.gdldlaw.com/content/firm_ClientComments.htm

 

First published in 1983, Best Lawyers® is based on an exhaustive annual peer-review survey.  For the new U.S. edition, more than 50% of the lawyers listed in Best Lawyers cast more than 3.1 million votes on the legal abilities of other lawyers in the same and related specialties.  Because of the rigorous and transparent methodology used by Best Lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a significant  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.

 

Press Release
June 18, 2010

Chambers USA Recognizes Goodell DeVries Attorney Nationally for Product Liability & Mass Torts and Names GDLD Maryland’s Top Medical Malpractice Firm

Goodell, DeVries, Leech & Dann, LLP is pleased to announce that Chambers USA has recognized Charles P. Goodell, Jr. nationally for his work in Product Liability & Mass Torts and honors him as one of nine attorneys for Products Liability: Pharmaceutical. Chambers USA notes that sources describe Charles Goodell as “instantly accessible, robust in his advice and zealous in driving forward his client’s interests.” It adds that he represented Pfizer in the first Neurontin case to go to trial.

For a third consecutive year, Goodell DeVries is the only law firm Chambers USA recognizes as a “top firm” in Maryland for Medical Malpractice. This marks GDLD’s fifth consecutive year earning Chambers USA’s high recognition in Healthcare: Medical Malpractice Defense. “Goodell DeVries has depth and a good, detailed knowledge of the local litigation landscape. It is one of the best in the state for medical malpractice defense,” reveals a source to Chambers USA. 

Four Goodell DeVries Medical Malpractice attorneys have been recognized for their outstanding work defending academic medical centers, community hospitals and individual practitioners in professional liability cases. Chambers writes:

Clients are quick to recommend Donald DeVries for his "wise counsel" in a variety of cases. Craig Merkle is held in high regard by peers at both the defense and plaintiff Bars in Maryland. Interviewees report that Susan Preston has "an impressive ability to analyze and explain difficult medical issues.”  Thomas Monahan is

characterized as "a skillful litigator who really takes the time to understand the nuances of a case.”

This is the third consecutive year in which Chambers USA has recognized Donald L. DeVries, Jr. as the sole “number one” attorney in Maryland for Medical Malpractice work. It is his fourth consecutive year as a “leading lawyer” for Medical Malpractice work Maryland. This year is Susan T. Preston and Craig B. Merkle’s fifth consecutive as honorees for Medical Malpractice; in 2005, Chambers USA also named Craig Merkle a “top litigator” in Maryland.

As a Baltimore based 52-attorney law firm, we are pleased to be recognized nationally with some of the largest firms and top attorneys in the country, says Managing Partner, Linda S. Woolf.

Goodell, DeVries, Leech & Dann, LLP, located in Baltimore, Maryland, has fifty-two attorneys, all of whom practice in the areas 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

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.

  

For the complete article on Susan T. Preston, click here.

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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