West Virginia Personal Injury Lawyer
Attorney Robert P. Fitzsimmons established his practice in Warwood, West Virginia. During the firm's
early years, it concentrated heavily on criminal defense. In the early
1980s, the firm began handling serious injury cases and medical malpractice.
In 2004, Attorneys Robert J. Fitzsimmons and
Brent E. Wear came onboard and have been handling personal injury, medical malpractice,
and construction accident cases, in addition to other litigation matters. In 2008,
Attorney Clayton J. Fitzsimmons joined the firm. Collectively, the attorneys at the firm have more than
30 years of experience and they are all natives of West Virginia.
The Fitzsimmons Law Firm PLLC has a longstanding reputation for its litigation
and appellate practice. Over the years, the firm has represented numerous
individuals and businesses in the state and federal courts, and has won
over half a billion in verdicts and settlements, with 125 individual cases
securing over $1 million dollars alone.
Several of the firm's cases have received national attention, including
Jani (Estate of Mike Webster) v. NFL Bell/Rozelle Pension Fund (4th Cir. 2006). In this case, the firm represented Hall of Fame Pittsburgh Steeler, Mike
Webster against the NFL – the only reported disability lawsuit won
against the NFL to date.
In another noteworthy case, the firm represented West Virginia University
in a successful lawsuit against its former football coach, Rich Rodriguez,
who left the school to coach at the University of Michigan. Rodriguez
settled and agreed to pay the full liquidated damage provision outlined
in his employment contract.
The firm represented the Estate of Nancy Gellner in a product liability
case involving the drug Propulsid, which was manufactured by Johnson and
Johnson. The manufacturer asserted the "learned intermediary doctrine"
as its defense; however, the firm convinced the West Virginia Supreme
Court to reject it.
Under the "learned intermediary doctrine," the manufacturer is
not required to warn each patient of the drugs potentially dangerous side
effects if the prescribing physician was properly warned. This was the
first time in history that an appellate court had rejected this doctrine,
which had been recognized in approximately 33 states, the District of
Columbia and Puerto Rico.
Notable Recognitions in the Legal Field
Not only is the legal team highly involved in charitable and community
activities, they have achieved some of the most sought after accolades
in the legal field. Attorney Robert P. Fitzsimmons is admitted to practice
law in West Virginia, Pennsylvania and Ohio.
Attorney Fitzsimmons co-founded the Brain Injury Research Institute (BIRI),
located at NorthShore University Hospitals in Chicago. He has been consistently
recognized as a
West Virginia Super Lawyer®, and he is AV Preeminent® Rated by Martindale-Hubbell®.
Attorney Rocky Fitzsimmons is selected for inclusion in
West Virginia's Super Lawyers® Rising Stars℠ list, Attorney Clayton Fitzsimmons and Attorney Brent Wear were selected
to The National Trial Lawyers: Top 40 Under 40.
Attorney Justin Wiater is a former criminal defense attorney who brings extensive courtroom and
jury trial experience to the firm's litigation and trial practice.