Congratulations to our 2011 Super Lawyers and Rising Stars!
The firm proudly congratulates Rando Wick for his selection as a 2011 Super Lawyer, and Heath Fox, Ketia Wick and Phil de Maine for their selection as 2011 Rising Stars.

Defense Verdict for Rando Wick and Brian Waters
In May 2011, Mr. Wick and Mr. Waters successfully defended a local orthopedic surgeon in a seven-day jury trial. The plaintiff underwent a total right hip replacement surgery with the defendant in 2006. Post-surgically, the plaintiff alleged that she had a significant leg-length difference, the acetabular component was placed at an improper angle, and that the implanted femoral stem impinged with the acetabular component. She further claimed that these complications caused her back and hip pain, she had limited range of motion, and that she required a cane to assist her with walking. The defense denied all liability and allegations, arguing that the surgery was performed well within the standard of care, there was no impingement, no revision surgery was necessary or appropriate, and that the plaintiff's complaints were unrelated to the surgery. The jury concluded that there was no negligence. The plaintiff's informed consent claim was dismissed on summary judgment before trial.

Defense Verdict for Phil de Maine in Dental Malpractice Case
In April 2011, Phil de Maine successfully defended a general dentist in a jury trial that lasted more than two weeks. The plaintiff was a highly educated individual who claimed that the defendant dentist caused TMJ/TMD problems, tooth damage, gum recession, bone loss, occlusion/bite problems, and a significant anterior open bite over the course of four years of treatment. The plaintiff alleged that the dentist's treatment caused the need for significant future dental care, including gum surgery, oral surgery, orthodontics, and restorative treatment of a cost of almost $50,000. The defense argued that the care was appropriate, conservative, and did not cause the plaintiff's injuries. The defense also pointed to plaintiff's actions and inactions, as well as actions of other treating providers, as causes of plaintiff's injuries. After only three hours of deliberation, the jury returned a unanimous verdict finding that the defendant dentist's treatment complied with the standard of care.

Phil de Maine Receives Defense Verdict in Dental Malpractice Case
After a seven-day jury trial in November 2010, Phil de Maine earned a defense verdict for his client in Tacoma, Washington. Mr. de Maine represented a local dentist. The plaintiff alleged that the defendant negligently over-prescribed Ibruprofen to a small, elderly woman after a procedure where 11 teeth were extracted. The plaintiff further argued that the dosing caused a significant gastrointestinal bleed with resulting 40% blood loss, a blood transfusion, and a five-day hospitalization. The plaintiff husband asserted a loss of consortium claim. The defense argued that the dentist provided excellent care, extracted the teeth without complications, and complied with the standard of care with respect to post-operative treatment, including the prescription of pain and anti-inflammatory medications. After just 80 minutes of deliberation, the jury unanimously concluded that the defendant was not negligent.

Phil de Maine and Wade Neal Receive Defense Verdict
After a four-day jury trial in September 2010, attorneys Phil de Maine and Wade Neal earned a defense verdict for their client in Vancouver, WA (Clark County). The attorneys represented a local restaurant owner who employed a restaurant employee to paint his mother's house. The plaintiff, an experienced painter, alleged that the defendant provided inappropriate painting equipment, including a step ladder, to accomplish the painting job. The plaintiff did not allege that the equipment was defective in any way. While painting, the plaintiff fell from the step ladder provided by the defendant, and suffered a left calcaneus fracture, which required reconstructive surgery. Permanency and significant wage loss were claimed. The plaintiff spouse also made a loss of marital consortium claim. The defense argued that the equipment was appropriate for the job, and that the defendant did not instruct the plaintiff on how to use the equipment provided. After deliberating for just one and one-half hours, the jury decided that the defendant was not liable for the plaintiff's injuries.

Congratulations to our 2010 Super Lawyers!
The firm proudly congratulates John Graffe and Rando Wick for their selection as 2010 Super Lawyers by Washington Law & Politics.

Johnson Graffe Attorney Nathan Schlicher Presents Award to Senator Patty Murray
Johnson Graffe attorney Nathan Schlicher recently presented Senator Patty Murray with an award from the American College of Emergency Physicians in Washington D.C. At the same time, the American College of Emergency Physicians honored Mr. Schlicher as its 2010 911 Legislative Network Member of the Year.

Johnson Graffe Welcomes New Partner, Ketia Wick
The firm is pleased to announce that Ketia Wick has joined the firm as a partner. Ms. Wick's practice emphasizes medical malpractice defense, including long-term care malpractice. She brings a wealth of litigation and trial experience to the firm. She previously practiced health care malpractice defense for several years with the Seattle firm, Lee Smart, where she was a voting shareholder.

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.