In 1978, 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.
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Notable & High Profile Cases
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.
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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 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.
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