Table of contents:

  1. Introduction
  2. Bio/CV

Patrick A. Malone

Introduction

 

Introducing Patrick A. Malone ...

PicPatrick Malone learned how to ask questions and get answers as an award-winning investigative journalist. Now he is a leading attorney working on behalf of seriously injured people in lawsuits against hospitals, doctors, drug companies, government agencies, and other defendants.  Over the last three decades, he has won a long string of exceptional results for his clients. His new book, The Fearless Cross-Examiner: Win the Witness, Win the Case, was just published by Trial Guides.  Malone is also the author of Winning Medical Malpractice Cases with the Rules of the Road Technique and is co-author of the best-selling advocacy book: Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability. He also wrote a book for consumers: The Life You Save: Nine Steps to Finding the Best Medical Care -- and Avoiding the Worst. Patrick Malone is a graduate of Yale Law School and is a member of the Inner Circle of Advocates and a fellow of the International Academy of Trial Lawyers. Malone is a member of the board of trustees of the Pound Civil Justice Institute. Malone has been recognized as a leader in the law by Lawdragon’s 500 Leading Lawyers in America, Super Lawyers, and  The Best Lawyers in America. Malone grew up in Wichita, Kansas,  the oldest of seven children in an Irish Catholic family. Malone and his staff work out of offices in Washington, D.C. a few blocks north of the White House, and they represent clients throughout Maryland, Virginia and the District of Columbia.

 

 

Bio/CV

 

PATRICK A. MALONE

President, Patrick Malone & Associates, P.C.  Civil litigation practice in District of Columbia, Maryland, Virginia and other states.

Law School: Yale Law School, J.D. 1984.

1984-85: Law clerk, Hon. Gerhard A. Gesell, U.S. District Court, District of Columbia.

1985-2007: Stein, Mitchell & Mezines.

2007-        : Patrick Malone & Associates, P.C.

 

Leadership and Community Service: 

• Board of Directors, Catholic Disability Foundation, 2013-present.

• President, Metropolitan Washington D.C. Trial Lawyers Foundation (charitable arm of the D.C. Trial Lawyers Association), 2014-present.

• Board of Governors, American Association for Justice, 2011-present.

• Board of Trustees, Roscoe Pound Civil Justice Institute, 2013-present.

• Board of Trustees, Loyola Retreat House, Faulkner, Md., 1996-2005; chair: 1999-2001.

• Board of Trustees, Monsignor Smyth Fund, Blessed Sacrament parish, Washington, D.C., 2000-2006.

 

Bar Honors:

Martindale-Hubbell: “AV” rated since 1995 (highest rating).

AVVO: rating 10/10 “superb”.

Super Lawyers.

Lawdragon 500 Leading Lawyers in America (2008, 2009)

Lawdragon 500 Leading Plaintiff Lawyers in America (2007)

"Lawyer of the Year," 1995, Trial Lawyers Association of Metropolitan Washington, D.C.

Frederick Abramson Award, D.C. Bar, June 1998 (pro bono service)

The Best Lawyers in America (listed since 2006 edition)

 

Bar Admissions:

• Maryland: 1985

• District of Columbia: 1986

• Virginia: 1986

 

Legal Activities:

American Association for Justice 

Board of Governors, 2011-

D.C. Bar:

• Steering Committee, Injury to Persons & Property Section, 1995-97. (Co-chair, 1996-97).

• D.C. Bar representative to Law and Science Academy, Einstein Institute for Science, Health and the Courts, 2001-2003.

Trial Lawyers Association of Metropolitan Washington, D.C.

• President, 2005-2006.

• Board of Governors 1990-  .

• Sustaining Member.

• Recent Case Reports, 1994-2006 .

• Co-chair, education committee, 1997-2001.

National Academy of Sciences:

Member: Science, Technology and Law Panel, 2000-2006.

American Association for the Advancement of Science:

Member: Subcommittee on Education, Court-Appointed Scientific Experts (CASE) project

American Law Institute:

Member, 2000-

Inner Circle of Advocates:

Member, 2003-

National Board of Trial Advocacy:

Certified Civil Trial Advocate, 1999-

International Academy of Trial Lawyers:

Fellow, 2008-

Litigation Counsel of America: 

Fellow, 2011-

 

Current pro bono and volunteer activities: (see also Leadership section)

• Volunteer, monthly legal clinic, Bread for the City/D.C. Bar, 1997 to present.

• Volunteer lawyer, Legal Counsel for the Elderly.

• Sunday lector, Blessed Sacrament parish.

• Choir member, Blessed Sacrament parish.

 

Other Bar Association Memberships:

Maryland State Bar Association, the District of Columbia Bar, Virginia State Bar, American Association for Justice, Maryland Association for Justice, Virginia Trial Lawyers Association, Public Justice, The Counsellors (president 2002-2003).

 

Books:

  • The Life You Save: Nine Steps to Finding the Best Medical Care – and Avoiding the Worst (De Capo Lifelong 2009).
  • Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability, by Rick Friedman and Patrick Malone (second edition, Trial Guides, 2010; first edition 2006)
  • Winning Medical Malpractice Cases with the Rules of the Road ™ Technique, by Patrick Malone, with Rick Friedman (Trial Guides 2012).
  • The Fearless Cross-Examiner: Win the Witness, Win the Case (Trial Guides 2016)

 

Book Chapters: 

  • Closing Arguments: Child Injury Child Wrongful Death (edited by Don Keenan) (Balloon Press 2008), chapter on closing argument in police shooting case.
  • Up All Night: Practical Wisdom from Mothers and Fathers (edited by Gregory Orfalea and Barbara Rosewicz) (Paulist Press 2004), chapter one: “Soon, Very Soon.”
  • Maryland Tort Damages (edited by George Shadoan) (MICPEL: 2000 and 2006 editions), chapter on admissibility of expert testimony.

 

Blogs: 

  • Medical malpractice and patient safety blog: http://www.protectpatientsblog.com/
  • Child safety blog: http://www.childprotectionblog.com/
  • Continuing Legal Education Lectures:
  • “Cross-examination with the Rules of the Road,” Vancouver B.C. Trial Lawyers, December 2014
  • “Cross-examination with the Rules of the Road,” Indiana Trial Lawyers, November 2014
  • “Cross-examination with the Rules of the Road,” Arizona Trial Lawyers, Scottsdale, October 2014
  • “Rules of the Road for Medical Negligence Cases, Featuring Patrick Malone,” Two-day seminar, AAJ, Santa Fe, NM, September 2014
  • “Doing Good and Doing Well: Why Non-Monetary Justice Is Important,” American Association for Justice, Baltimore, July 2014
  • “Advanced Lessons in Rules of the Road for Medical Negligence Cases,” American Association for Justice, Baltimore, July 2014
  • “Rules of the Road in Employment Cases,” National Employment Lawyers Association, Boston, June 2014
  • “Rules of the Road,” Missouri Association for Justice, Lake of the Ozarks, MO, June 2014
  • “Crafting and Using Rules of the Road to Win Your Case,” West Virginia Association for Justice, Charleston, W.Va., June 2014
  • “Rules of the Road in Depositions,” D.C. Trial Lawyers Association, Washington, D.C., March 2014
  • “The Lord High Chancellor, David’s Smooth Stones, and the Rules of the Road,” Florida Justice Association, Orlando, FL, February 2014
  • “Doing Good: Non-Monetary Results in Personal Injury Cases,” Inner Circle of Advocates, Aspen, CO, August 2013
  • “Cross-Examining Experts with the Rules of the Road,” and “ Informed Consent: the Power of Knowledge,” American Association of Justice 2013 Annual Convention, San Francisco, CA, July 2013
  • “New Developments in ‘Rules’ in Medical Malpractice Cases,” Medical Negligence Information Exchange Group, San Francisco, CA, July 2013
  • “Comments on the Role of Popular Opinion in Judicial Decision Making,” Pound Institute Annual Forum, San Francisco, CA, July 2013
  • “Forcing the Defendant into Your Corral,” Wyoming Trial Lawyers Association, Cheyenne, WY, June 2013
  • “Winning Medical Negligence Cases with Rules of the Road Featuring Patrick Malone,” AAJ Education’s Seminar, Scottsdale, AZ, March 2013
  • “The Problem of Pain: Legal Frontiers in Proving the Pain of Others,” American Bar Association Webinar, February 2013
  • “Trapping the Defendant with the Rules of the Road Technique,” AAJ Education’s
  • Weekend with the Stars Seminar, New York, NY, December 2012
  • “Cross-Examining Experts with the Rules of the Road Technique,”
  • Kansas Association for Justice, Kansas City, MO, November 2012
  • “Forcing the Defendant into Your Corral,” Nevada Association for Justice, San Diego, CA, October 2012
  • “Cross-Examination with the Rules of the Road,” D.C. Trial Lawyers Association, Washington, D.C., October 2012
  • “Unethical Secret Settlements”, AAJ Annual Convention, Chicago, IL, July 2012
  • “Winning Medical Negligence Cases with Rules of the Road” AAJ Seminar in Las Vegas, NV, June 2012
  • “Winning Medical Malpractice Cases with the Rules of The Road,” Ohio Association for Justice annual meeting in Columbus, Ohio, May 2012
  • “Secret settlements: Bad for everyone but wrongdoers,” Kansas Association for Justice, annual meeting in Kansas City, December 2011.
  • “Appellate case review,” District of Columbia Superior Court, civil trial judges, December 2011.
  • “OsiriX software for viewing medical imaging: a professional radiology workstation on your laptop,” Etheridge Society annual meeting, October 2011, and Inner Circle of Advocates annual meeting, August 2011
  •  “Rules of the Road in Employment Cases,” Metropolitan Washington Employment Lawyers Association, April 2011.
  • Rules of the Road and Secret Settlement talks at New Jersey Association for Justice Boardwalk convention, Atlantic City, April 2011.
  • Rules of the Road, half-day seminar for Iowa trial lawyers, Des Moines, April 2011.
  • “Rules of the Road – Advanced Techniques,” Delaware Trial Lawyers Association, December 2010
  • “Appellate case review,” District of Columbia Superior Court, civil trial judges, December 2010.
  • Secret settlements: unethical and bad for your practice, Arkansas trial lawyers, November 2010.
  • Secret settlements: unethical and bad for your practice, California consumer attorneys annual convention, San Francisco, November 2010.
  • “Proving subtle brain damage in a child,” American Association for Justice annual convention, Vancouver, B.C., July 2010.
  • “Why secret settlements are unethical,” American Association for Justice annual convention, Vancouver, B.C., July 2010.
  • “New techniques for winning cases with the ‘Rules of the Road’ method,” Pennsylvania Association for Justice, Bedford Springs, Pa., June 2010.
  • “Why secret settlements are unethical,” American Association for Justice teleseminar, March 2010.
  • “What Aristotle can teach us about the art of persuasion,” Brain Injury Association of America, executives conference, February 2010, San Antonio.
  • “Appellate case review,” District of Columbia Superior Court, civil trial judges, December 2009.
  • "Mega-seminar: Rules of the Road," American Association for Justice, Las Vegas, October 2009.
  • "New thoughts on 'reptilian' psychology," Etheridge Society, Charlottesville, Va., September 2009.
  • "Rules of the road for cross-examining expert witnesses," Virginia Trial Lawyers Association, Richmond, September 2009.
  • "Forgiveness: A new frontier for trial lawyers," Inner Circle of Advocates, Philadelphia, August 2009.
  • "Improving our image with good works," (two talks at medical negligence and professional liability meetings) American Association for Justice, annual convention, San Francisco, July 2009.
  • "Rules of the road in railroad crossing cases,"  American Association for Justice, annual convention, San Francisco, July 2009.
  •  “Rules of the Road,” Atlantic Provinces (Canada) Trial Lawyers Association, St. John’s, Newfoundland, June 2009
  • “Rules of the Road: Advanced Techniques,” Indiana Trial Lawyers Association, Indianapolis, May 2009
  • “Rules of the Road in Brain Injury Cases,” Brain Injury Association of America, Las Vegas, May 2009
  • “Rules of the Road,” joint meeting of Maryland and D.C. Trial Lawyers Associations, Washington, D.C., January 2009.
  • “Important case law you must know about,” D.C. Trial Lawyers Association, January 2009.
  • “New appellate cases,” District of Columbia Superior Court, civil trial judges, December 2008.
  • “Rules of the Road – Refining the Rules,” American Association for Justice, Las Vegas, October 2008.
  • “Rules of the Road,” Ohio Association for Justice, Cleveland, October 2008.
  • “Rules of the Road in professional negligence cases,” American Association for Justice, annual convention, Philadelphia, July 2008.
  • “Rules of the Road,” ATLA-New Jersey Boardwalk convention, Atlantic City, May 2008.
  • “Reversals – the latest case law,” District of Columbia Superior Court, civil trial judges, December 2007.
  • “Lessons for trial lawyers from Lincoln’s greatest speech,” Inner Circle of Advocates, Boston, August 2007.
  • “Cross-Examination of a Defense Medical Examiner: Model Demonstration,” American Association for Justice annual convention, Chicago, July 2007.
  • “Rules of the Road,” North Carolina Academy of Trial Lawyers annual convention, Sunrise Beach, N.C., June 2007.
  • “Rules of the Road,” Virginia Trial Lawyers Association annual convention, Greenbrier Hotel, W.Va., April 2007.
  •  “Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability.” Association of Trial Lawyers of America, “Weekend with the Stars,” New York City, December 2006.
  • “Rules of the Road,” Kansas Trial Lawyers Association annual convention, Kansas City, December 2006.
  • “Avoiding Reversal and other Pitfalls,” District of Columbia Superior Court, civil trial judges, November 2006.
  • “Successful wrongful death damages arguments,” Etheridge Society, Charlottesville, Va., October 2006.
  • “Closing argument on wrongful death damages,” Inner Circle of Advocates, Seattle, Wa., August 2006.
  • “Rules of the Road,” D.C. Trial Lawyers Association spring seminar, Washington, D.C., March 2006.
  •  “Reversed! Avoiding Trouble with the D.C. Court of Appeals,” District of Columbia Superior Court, civil calendar trial judges, December 2005
  • “Peril and Promise: Expert Witnesses in Medical Malpractice Cases Face the Daubert/Frye Admissibility Tests,” Association of Trial Lawyers of America, Arlington, Virginia, October 2005
  • “Motions Practice in Big Cases,” Inner Circle of Advocates, New York City, August 2005
  • “Confessions of a Recovering Power Point-Aholic,” Association of Trial Lawyers of America, Toronto, July 2005
  • Daubert Litigation Group, seminar moderator, ATLA, Toronto, July 2005
  • “Ten Key Principles for Winning Money Damages Commensurate With Your Client’s Injury,” Maryland Trial Lawyers Association, Baltimore, June 2005.  Same topic, Trial Lawyers Association of Metropolitan Washington, D.C., March 2005.
  • Panel discussion on voir dire and the Batson rule, D.C. Judicial Conference, May 2005.
  • “Reversed! A Tour through D.C. Case Law for Trial Judges,” District of Columbia civil calendar trial judges, December 2004
  • “Do-It-Yourself Demonstrative Evidence with Your Own Computer,” Inner Circle of Advocates, Dana Point, California, August 2004
  • “Key Visual Technology for the Courtroom,” Trial Lawyers Assn of Metropolitan Washington, D.C., March 2004
  • “Non-Verbal Communication Skills,” Trial Lawyers Assn of Metropolitan Washington, D.C. (program chair), January 2004
  • “Advanced Techniques with Power Point,” Association of Trial Lawyers of America annual convention, San Francisco, July 19, 2003
  • “Choosing and Working with Expert Witnesses,” ALI-ABA medical malpractice seminar, Philadelphia, June 6, 2003
  • “Power Point for Litigators, Basic and Advanced Techniques,” National Organization of Lawyers for Education Associations, Boston, May 29, 2003
  • “Saving Your Expert from Death by Daubert,” Delaware Trial Lawyers Association, February 21, 2003
  • “Visualizing Your Case at Trial: Openings, Closings and Everything In Between,” D.C. Bar seminar on “Winning with Technology,” Nov. 1, 2002
  • “Power Point for Plaintiffs’ Lawyers,” Etheridge Society, Richmond, Va., Oct. 11, 2002
  • Seminar, “Winning with Technology: Creating Persuasive Courtroom Presentations,” District of Columbia Judicial and Bar Conference, April 19, 2002
  • “Power Point for Trial Lawyers,” D.C. Bar, October 22, 2001.
  • “Powerful Opening and Closing Statements with Power Point,” Delaware Trial Lawyers Association, June 9, 2001
  • “Injuries Caused By Drugs,” Virginia Trial Lawyers Association, May 2001
  • “Power Point,” District of Columbia Judicial Conference, June 2001.
  • “Do-It-Yourself Demonstrative Evidence: Inexpensive and Powerful Ways to Create the Picture Worth 1,000 Words,” Trial Lawyers Association of Metropolitan Washington, D.C. and American University, Washington College of Law, March 23, 2001 (program chair)
  • “Effective demonstrative evidence,” Kansas Trial Lawyers Association, December 1, 2000.
  • “The Amended Federal Rules of Evidence: A New Era for Expert Witnesses,” D.C. Bar, November 28, 2000 (program chair)
  • Expert witnesses in the courts, National Academy of Sciences, Law Science & Technology Panel, September 2000.
  • “Better Depositions: The Key to Effective Discovery,” Trial Lawyers Association of Metropolitan Washington, D.C., November 4, 1999
  • “How to Choose, Use and Not Lose Expert Witnesses,” Trial Lawyers Association of Metropolitan Washington, D.C. and American University, Washington College of Law, October 29, 1999
  • “Expert Witnesses in Federal Court: Kumho Tire and the Next Millenium,” D.C. Bar/George Washington Univ. Law School CLE Program, October 4, 1999 (program chair)
  • “Injuries Caused by Drugs,” The Etheridge Society, Richmond, Va., October 1, 1999
  • “Special Problems in Suits Against Generic Drug Manufacturers,” Association of Trial Lawyers of America annual meeting, San Francisco, July 19, 1999
  • “A Conversation Between a Hypothetical Judge and an Expert,” University of Kansas Second Annual Appellate Judges and Lawyers Symposium: Scientific Methodology and the Admissibility of Expert Testimony, Lawrence, Kansas, May 13, 1999
  • “Forum Shopping: What Every Litigator Must Know,” D.C. Bar/George Washington Univ. Law School CLE Program, November 2, 1998 (program chair)
  • “Medical Malpractice: Learning from the Experts,” Trial Lawyers Association of Metropolitan Washington, D.C. and American University, Washington College of Law, October 23, 1998 (co-chair of one-day CLE program)
  • “‘The FDA Is All-Wise and All-Knowing,’ or Meeting the FDA Compliance Defense Before the Jury,” Association of Trial Lawyers of America annual meeting, Washington, D.C., July 13, 1998
  • “Judging Science,” a debate with Peter W. Huber of the Manhattan Institute and Kenneth R. Foster, University of Pennsylvania, on their book, Judging Science (1997), at the Cato Institute, Washington, D.C., January 7, 1998.
  • “Disqualifying Opposing Experts in the Daubert Era,” D.C. Bar/George Washington Univ. Law School CLE Program, September 11, 1997 (program chair)
  • “David v. Goliath: Litigating for Plaintiffs in a Tort Reform Era,” chairperson of one-day CLE  conference co-sponsored by Georgetown University Law Center and Trial Lawyers of Metropolitan Washington, D.C., March 21, 1997.
  • "Winning Discovery and Trial Techniques from Winning Lawyers," chairperson of one-day CLE conference co-sponsored by Georgetown University Law Center and Trial Lawyers of Metropolitan Washington, D.C., October 20, 1995
  • Faculty member, annual trial advocacy course, National Institute of Trial Advocacy, Georgetown University Law Center, June 1994
  • "Fees and Expenses in Personal Injury Cases," Trial Lawyers Association of Metropolitan Washington, D.C., October 5, 1993
  • "How to Use Requests for Admissions," Maryland Trial Lawyers Association, March 12, 1993
  • "False Arrest/Imprisonment and Malicious Prosecution," Maryland Trial Lawyers Association, March 12, 1993
  • "Neglected Discovery Techniques: Subpoenas of Non-Parties, Requests for Admissions, Informal Discovery," Georgetown University Law Center, December 11, 1992
  • "Creative Use of Videotaped Depositions," Georgetown University Law Center,  December 11, 1992
  • "Anesthesiology," Georgetown University Law Center, December 13, 1991
  • "Heart Attack and Emergency Medicine," Georgetown University Law Center, December 13, 1991
  • "Using Experts at Trial: Selected Problems," Georgetown University Law Center, December 14, 1990

 

Lectures to Medical Groups:

  • “A Lawyer’s Perspective on Medical Liability Reform,” American College of Surgeons, October 2012 liability summit, Washington, D.C.
  • “Medical Malpractice Prevention,” medical staff, Loudoun Hospital Center, Leesburg, Va., May 9, 2003
  • “Effective Courtroom Techniques,” American Association of Women Emergency Physicians, Leadership Conference, Alexandria, Va., June 8, 1996
  • “The Pathologist in the Courtroom,” Yale-New Haven Medical Center, Pathology Department Grand Rounds, December 14, 1995
  • “Anesthesia and the Law,” District of Columbia General Hospital, Anesthesiology Department Grand Rounds, September 28, 1992

 

Other Legal publications:

  • "Unethical Secret Settlements: Just Say No,” (by Patrick Malone & Jon Bauer),  Trial September 2010.
  • “Lessons for trial lawyers from Lincoln’s Second Inaugural Speech,” Litigation, Summer 2008.
  • “Medical malpractice in managing diabetes,” Trial, March 2004
  • “Working with experts in the Daubert era,” Trial, September 2003
  • “The Role of FDA Approval in Drug Cases,” Trial,  November 1998
  • “Love-Hate Relationship: Expert Witnesses and the D.C. Court of Appeals,” The Washington Lawyer, March/April 1998
  • “A Trial Lawyer Sings Psalms,” Litigation, Summer 1997
  • “Discovery in Pharmaceutical Products Liability Cases,” Trial, March 1996
  • "Undiagnosed Heart Attack," Trial, February 1988
  • "Negligent Failure to Diagnose Impending Heart Attack," American Jurisprudence Proof of Facts, 1 POF 3d 691 (1988)
  • "You Have the Right to Remain Silent, Miranda After 20 Years," The American Scholar, summer 1986.
  • "Medical Authority and Infanticide," Journal of Law and Health, Vol. 1, No. 1, 1985.

 

Washington Post Health Section Publications:

  • "Anesthesia: How Safe Is It?" February 4, 1992
  • "Granting Informed Consent," July 10, 1990
  • "Your Medical Records: How to Get Them, How to Read Them," November 22, 1988
  • "Is It Malpractice?" March 22, 1988

 

Noteworthy Cases:

• Semsker v. Lockshin, Montgomery County, Maryland Circuit Court, November 2008: $5.5 million verdict for the wrongful death of Richard Semsker, a 46-year-old attorney, from a 100% preventable skin cancer.

• Nina Jones v. Prince George’s County, Maryland, Circuit Court, Prince George’s County, January 2006: $3.7 million verdict for the wrongful death of Prince Jones Jr., a 25-year-old college student who was shot to death by a Prince George's County, Maryland undercover police officer. A jury in Prince George's County Circuit Court awarded $2.5 million to the young daughter of the deceased, Nina Jones, and $200,000 to Prince Jones's father, both of whom were represented by Mr. Malone and his co-counsel, Terrell N. Roberts III. The jury awarded $1 million to Mabel Jones, the mother of the deceased, who had separate lawyers.

• Boone v. Goldberg, Circuit Court, Montgomery County, Maryland, April 2004: $943,000 verdict in for a 62-year-old man whose brain was punctured by an instrument during ear surgery. The surgeon denied anything had happened, and the case was proved by post-operative CT scans. Boone v. Goldberg. The verdict for Mr. Boone was recently reinstated in full by the Maryland Court of Appeals after being partially reversed by an intermediate appellate court.

• Cooper v. First Government Mortgage & Lenders Corp., U.S. District Court, Washington, D.C., March 2003: $4.5 million jury verdict for six elderly consumers cheated in home loans by a mortgage lender.

• Burke v. Groover Christie, Superior Court for the District of Columbia, March 2004.  Verdict for plaintiff in medical malpractice case for $5.7 million against physicians who failed to diagnose impending stroke in 40-year-old patient.

• Berg v. Footer, 673 A.2d 1244 (D.C. 1996) (establishing plaintiff’s right to recover more than the jury’s verdict under some situations where plaintiff struck a good pre-trial settlement with one joint tortfeasor).

• Benedi v. McNeil-P.P.C., Inc., October 1994, U.S. District Court for the Eastern District of Virginia, Alexandria (Hon. Albert V. Bryan Jr.): Man loses liver after taking Tylenol in therapeutic doses over several days.  Suit against Tylenol manufacturer for failing to warn consumers that Tylenol taken by regular alcohol drinkers can be toxic to the liver.  Verdict for plaintiff: $7,855,000 compensatory damages, $1 million punitive damages.  Punitive award reduced to $350,000 to comply with Virginia statutory punitive damages cap, but defendant's post-trial motion otherwise denied. Judgment affirmed, 66 F.3d 1378 (4th Cir. 1995).

• Aguehounde v. District of Columbia, May 1993, Superior Court of the District of Columbia (before Hon. Franklin Burgess): Pedestrian hit in crosswalk by car and rendered quadriplegic. Suit against District of Columbia for negligence in timing yellow light clearance interval at intersection.  Verdict for plaintiff: $7,984,226.20. On appeal, judgment for defendant entered on grounds setting traffic light timing is discretionary function immune from suit. 666 A.2d 443 (D.C. 1995).

• Grinder v. Chemlawn, 1989, Fairfax County, Va., Circuit Court.  Two children killed when mother's car rear-ended by speeding pickup truck; suit against Chemlawn which created blockage in roadway that required mother to stop; Chemlawn failed to set out required warning triangles on roadway.  Verdict for plaintiff: $2 million.  Paid in full.

 

Law School awards:

Editor, Yale Law Journal.

Recipient, Harlan Fiske Stone Prize (best moot court argument)

Co-recipient, Potter Stewart Prize (best moot court team effort)

Co-recipient, C. LaRue Munson Prize (best in clinical program)

Teaching assistant, Professor Burke Marshall

 

Professional work before law school:

1978-81: Medical Writer, Miami (Fla.) Herald.

1977-78: Journalism Fellow, National Endowment for the Humanities, University of Michigan.

1972-78: Reporter, United Press International, Kansas City bureau (1972-77) and Boston bureau (summer 1978).

 

Journalism awards:

Finalist, Pulitzer Prize, 1980, for series co-authored on "Dangerous Doctors."

Florida Medical Association, best newspaper medical writer in the state, 1980 and 1981.

The Newspaper Guild, Heywood Broun Award, 1980.

American Bar Association, Gavel Award, 1980.

Sigma Delta Chi, Distinguished Service Award, 1980.

National Headliners Club Award, 1980.

Women in Communications, Clarion Award, 1980.

American Academy of Family Physicians, 2nd prize, 1981.

 

Undergraduate education:

B.A., University of Kansas, 1972, summa cum laude, departmental honors (American Studies), Phi Beta Kappa, Summerfield Scholar, student senator.

 

Non-legal Community Service:

Board of Trustees, Loyola Retreat House, Faulkner, Md., 1996-2005; chair: 1999-2001.

Board of Trustees, Monsignor Smyth Fund, Blessed Sacrament parish, Washington, D.C.

Board of Directors, Catholic Disability Foundation, 2013-  .

 

Personal:

Born December 12, 1951, Lawrence, Kansas.

Wife Vicki L. Malone, botanical artist.

Sons Ian, Christopher and Brendan.

Hobbies: Writing, cooking, photography, model railroading, bicycling, swimming.