John Graffe Receives Defense Verdict
Following a two-week trial, a Kittitas County jury returned a defense verdict for Mr. Graffe's clients. Mr. Graffe and two other attorneys represented a family practice in Ellensburg, and three of its physicians. The plaintiff alleged that the defendants were negligent in failing to timely diagnose her Cushing's disease, and that she suffered multiple morbidities as a result. The treatment at issue occurred over a ten-year period, involved hundreds of visits to the facility and to other specialists, and involved thousands of pages of medical records. The defense argued that the physicians provided excellent care, saw the plaintiff frequently and referred her to various specialists, and that Cushing's is a rare and insidious disease that is difficult to diagnose; but, despite this, the plaintiff's Cushing's disease was successfully diagnosed and treated with minimal morbidity. After one and one-half days of deliberation, the jury absolved all defendants of liability.

Congratulations to our 2010 Rising Stars!
The firm proudly congratulates Phil de Maine, Heath Fox and Kim Reed Holmes for their selection as 2010 Rising Stars by Washington Law & Politics.

John Graffe and Heath Fox Receive Defense Verdict
After a month-long trial and testimony from 44 witnesses, a Whatcom County jury absolved all defendants with its defense verdict. The plaintiff suffered permanent brain damage following a neck surgery at a Bellingham hospital in 2007, and sued the hospital, anesthesiologist, and neurosurgeon, alleging damages in excess of $12.5 million. The initial surgery was successful, but a blood clot later formed in the plaintiff's neck, which restricted her breathing, and eventually led to the brain damage. Mr. Graffe and Mr. Fox represented the hospital, and contended throughout that the clot was a rare complication and that the doctors and nurses did everything possible to prevent the resulting brain damage. The jury was asked to determine if the hospital's nursing staff, the anesthesiologist, and neurosurgeon acted negligently in caring for the plaintiff on that day. After mere hours, the jury returned to the courtroom with its answer: no.

Clarke Johnson Receives Defense Verdict
Mr. Johnson represented a large Seattle hospital in a wrongful death lawsuit arising out of giving a patient four units of incompatible blood. Liability was admitted and the case was defended on causation and damages. The jury returned a verdict for the defense, finding that the hospital's error did not cause the patient's death.

Clarke Johnson Receives Favorable Trial Decision
Mr. Johnson represented a defendant in a case where defects in their drainage system led to flooding of the neighbor's property. The case went to trial on damages only. At trial, the plaintiff was awarded only a fraction of the claimed damages, and an amount significantly less than the defendant's previous offer to settle.

Thomas McCurdy Joins the Firm as an Associate Attorney
The firm is pleased to announce the addition of Thomas McCurdy as an associate attorney. Mr. McCurdy, a Puget Sound native, recently returned to Washington State after practicing complex tort litigation in Los Angeles, California.

Congratulations to our 2009 Super Lawyers and Rising Stars!
The firm proudly congratulates Clarke Johnson and John Graffe for being selected as 2009 Super Lawyers by Washington Law & Politics, and Heath Fox and Brian Waters for being selected as 2009 Rising Stars.

Miranda Aye and Brian Waters Join the Firm as Associate Attorneys
The firm is pleased to announce the addition of associate attorneys Miranda Aye, and Brian Waters. Ms. Aye previously interned at our Seattle office, and joined the firm following her successful passage of the Washington State Bar Exam in October 2008. Mr. Waters joined the firm in April 2009. Mr. Waters previously practiced general civil litigation defense with Seattle firms Lee Smart, and Patterson Buchanan Fobes Leitch & Kalzer, where his practice emphasized the defense of Washington school districts and government entities.

Phil deMaine Obtains Defense Verdict for General Dentist
In a two week jury trial in April 2009, Phil deMaine successfully defended a general dentist against claims that the dentist had failed to diagnose and treat the infection of a partially erupted third molar.  The plaintiff alleged failure to obtain informed consent and to properly diagnose moderate to severe pericorinitis and failure to prescribe pre-surgical antibiotics.  In addition, the plaintiff alleged failure to provide appropriate follow up care in the week following the extraction of the wisdom tooth.  Finally, the plaintiff brought claims against the co-defendant dental clinic (represented by separate counsel) for negligence, though the dentist was clearly the primary defendant at trial.

In the days following the extraction, the plaintiff developed a serious infection restricting the plaintiff’s airway and requiring transfer to Harborview Medical Center for a four day admission, emergency intubation and two days in the ICU.  The plaintiff was represented at trial by two attorneys.  At the conclusion of plaintiff’s case, the Court granted defendants’ motion for directed verdict on the informed consent claim.

Despite several key rulings against the defendants during trial, the jury determined that the dentist complied with the standard of care in his treatment of the plaintiff.  The jury concluded that the co-defendant dental clinic did fail to comply with the standard of care but did not proximately cause the plaintiff’s injuries, and the trial resulted in a complete defense verdict.

Micah Balasbas Joins the Firm as Of Counsel
The firm is pleased to announce that Micah Balasbas has joined the firm as of counsel. Ms. Balasbas joined the firm in November 2008. Prior to joining the firm, she interned with the Washington State Supreme Court, and served as a law clerk for the Pacific Legal Foundation.

Seattle University Law School
Congratulations to Heath Fox for being selected as an Adjunct Professor of Law at Seattle University Law School .

America Board of Trial Advocates Membership
Congratulations to John Graffe for being elected to ABOTA.

Congratulations to Our Super Lawyers!
In February 2008, John Graffe, Clarke Johnson, Philip deMaine were named 2008 Super Lawyers for Washington State.

Burnham Wins Jury Verdict in Employment Case
Partner Jeffrey Burnham prevailed at trial in August 2008, on behalf of a self-insured employer, in a case involving complicated medical issues of reflex sympathetic dystrophy and mental illness.  Mr. Burnham convinced a Mason County jury to overturn decisions of both the Department of Labor & Industries and the Board of Industrial Insurance Appeals; the jury concluded that the employee’s injury at work, despite ongoing pain and depression, did not prevent the employee from working and being competitive in the medical field as an administrative nurse.  The unanimous verdict came after several days of testimony by orthopedic and psychiatric experts.

Heath Fox , New Partner
Heath Fox became a partner in the firm effective July 1, 2008.  He will continue to represent healthcare providers in malpractice and licensing matters, as well as representing clients in health law and guardianship.

Wade Neal Wins at Court of Appeals
Associate Wade Neal successfully argued to uphold a defense verdict won last year by partner Christopher Keay.  Mr. Neal drafted the appeal and presented oral argument to the Court of Appeals, Division One, on June 11, 2008.  The issue was whether the defendants’ jury instruction provided an inaccurate statement of the law regarding parental liability for the alleged torts of a child.  The instruction stated that a parent could be liable for the acts of his or her child if certain elements were met, including whether or not a child had a “dangerous proclivity” of which the parent should have been aware.  The appellant argued that the given instruction forced the jury to presume that the child was alleged to have performed an intentional act, which was never argued at trial, because of the use of the phrase “dangerous proclivity.”  Mr. Neal successfully argued that Washington courts and extra-judicial authorities have long used the “dangerous proclivity” standard with reference to both negligent and intentional acts, and that the instruction was an accurate statement of the law.  The Court agreed and the jury’s verdict was upheld.  The decision was entered on August 17, 2008.

Wick Obtains Defense Verdict in King County
In June 2008, Rando Wick obtained a defense verdict in a case involving a plaintiff who was seeking damages for the death of her father. The plaintiff alleged that a Virginia Mason vascular surgeon violated the standard of care by proceeding with surgery while the patient had an elevated anticoagulation level. The plaintiff claimed that the high anticoagulation at the time of surgery resulted in excessive bleeding, which interfered with surgical wound healing, and ultimately led the patient to bleed to death in his home. The defendant contended that the anticoagulation level was necessary given the patient’s propensity for clotting in the past. Mr. Wick’s arguments and expert testimony led to a defense verdict and the jury was unanimous,   12-0, returning the verdict within one hour.

Philip deMaine, New Partner
Philip deMaine became a partner in the firm effective January 1, 2008.  He will continue to represent healthcare providers in malpractice and licensing matters, as well as represent clients in general insurance defense claims and employment litigation.

Graffe Achieves Defense Verdict for Hospital
In February 2008, John Graffe successfully defended a hospital in a three week trial in Whatcom County. Plaintiff was 20 years old when she delivered her first child, via emergency C-section.  Anesthesia was not present, so the surgery was performed under local anesthetic. At birth, the baby had a tight single nuchal cord, poor tone and no respiratory effort.  She and her husband alleged that a delay in performing the C-section caused the unfortunate outcome of cerebral palsy and significant developmental delay in their newborn son. With excellent expert support for the defense, Mr. Graffe was able to convince the jury that the nurses followed the standard of care during labor and delivery and that the outcome was not the result of any negligence. The defense verdict was unanimous for the hospital and the doctor.  The plaintiff alleged nearly $20 million of damage. 

In January 2008, Philip deMaine obtained a defense award at an arbitration in Mason County
The case involved a claim for personal injuries allegedly resulting from a motor vehicle accident.  Plaintiff claimed her vehicle was rear-ended by the defendant’s vehicle anywhere from 15 to 35 miles per hour, but there was no property damage to her vehicle.  She sought chiropractic treatment from two chiropractors following the accident.  The defendant driver insisted there was never any contact between the two vehicles and that an accident never occurred.  The testimony of a fact witness tended to support the defendant’s version of the facts.  For a variety of evidentiary reasons, Mr. deMaine was able to successfully exclude a number of proposed exhibits and witnesses plaintiff attempted to use at the arbitration hearing.  Not only did the arbitrator award a defense verdict, but he also determined plaintiff filed a frivolous lawsuit and awarded all of defendant’s attorney’s fees.

Graffe and Johnson Obtain Defense Verdict for Orthopedic Surgeon
In November 2007, John Graffe and  Clarke Johnson successfully defended an orthopedic surgeon in King County. Following a diagnosis of right L3-4 reherniation with lateral gutter stenosis, the defendant orthopedic surgeon performed anterior/posterior L3-4, L4-5 fusion surgery on the plaintiff.  Following the surgery, physicians and nurses frequently checked the pulses in her feet which led them to believe there was adequate blood flow.   Later that day, it was clear that her blood flow was inadequate to her lower extremities; she was diagnosed with an occluded aorta, and possible post-traumatic aortic dissection.  She had ongoing problems and subsequent surgeries, including a through-knee amputation. The plaintiff later died, allegedly from MRSA pneumonia.  Plaintiff alleged that there were signs and symptoms of vascular insufficiency that should have resulted in earlier intervention that would have avoided the leg amputation, development of MRSA, and death.  After almost three weeks of intense expert testimony from both sides, the jury returned a defense verdict.