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Attorney Profiles

Patrick S. Casey

Founding and Managing Member

Education

  • West Virginia University College of Law (J.D. 1983)
  • West Virginia State College (B.A. Psychology 1979)

Professional Employment

  • Founding and Managing Member, Casey & Chapman, PLLC 
    September 2011 – present
  • Member, Burns White, LLC
    October 2004 – September 2011
    (Managing Member of WV Office)
  • Member, Flaherty, Sensabaugh & Bonasso, PLLC
    February 1996 – October 2004
    (Managing Member of Wheeling, WV Office)
  • Associate/Partner, Schrader, Stamp, Byrd, Byrum, & Companion
    June 1985 – January 1996
  • Law Clerk, Honorable Thomas E. McHugh, Supreme Court of Appeals of West Virginia
    May 1983 – June 1985

Licenses

  • West Virginia-1983
  • Pennsylvania-1993

Admissions to Practice

  • Supreme Court of the United States (1994)
  • U.S. Court of Appeals for the Fourth Circuit (1986)
  • U.S. Court of Appeals for the Third Circuit (1998)
  • U.S. District Court for Southern District of WV (1983)
  • U.S. District Court for Northern District of WV (1985)
  • U.S. District Court for Western District of PA (1998)
  • U.S. District Court for Eastern District of PA (2012)
  • Supreme Court of Appeals of West Virginia (1983)
  • Supreme Court of Pennsylvania (1993)

Memberships

  • American Bar Association
  • American Health Lawyers Association
  • Defense Research Institute
  • Defense Trial Counsel of West Virginia
  • Federal Bar Association
  • Ohio County Bar Association
  • Pennsylvania Bar Association
  • West Virginia Bar Association
  • West Virginia State Bar

Professional Accomplishments

  • “AV Preeminent” Rated in Martindale-Hubbell
  • Listed in the publication “Best Lawyers in America®” since 2008 in the areas of Professional Malpractice Law, Health Care Law, Medical Malpractice Law, and Personal Injury Litigation
  • Selected Best Lawyers “Lawyer of the Year” including 2016 and 2017, Medical Malpractice Law—Defendants, Morgantown, WV (Northern West Virginia)
  • Included in Listing of “Super Lawyers” in West Virginia since 2011
  • Foundation Fellow, West Virginia Bar Foundation 2016
  • Permanent Member, Fourth Circuit Judicial Conference
  • Member, Board of Governors, West Virginia State Bar, 1995 – 1998 and 2001 – 2004

Community Involvement

  • Chairman and Member, Board of Directors, Northwood Health Systems, Inc.
    2004 – present
  • Member, Board of Directors, Northwood Health Systems, Inc.
    1997 – 2004

Representative Matters

The results listed below have been selected by Casey & Chapman, PLLC, and are for informational purposes only. The results of any particular matter cannot be predicted from prior results and are highly dependent upon unique factual and legal circumstances. Casey & Chapman, PLLC, cannot guarantee a particular result in any given matter.

  • Provides ongoing risk management consultation and representation to several area acute care hospitals.
  • Obtained defense verdict in Ohio for internist and medical director of a long-term care facility accused of improper use of atypical antipsychotic medications in patient with Alzheimer’s Dementia.
  • Obtained defense verdict in Ohio for orthopedic surgeon whose nonsurgical treatment led to a nonunion of a humeral head fracture and several revision surgeries.
  • Obtained defense verdict for general surgeon who inadvertently removed a segment of ureter while removing an arteriovenous malformation from the retroperitoneum which had resulted in the loss of Plaintiff’s kidney.
  • Obtained defense verdict for general surgeon accused of improperly passing a surgical stapler striking a surgical technician in the hand. The technician developed complex regional pain syndrome and claimed to become permanently and totally disabled.
  • Obtained defense verdict for ophthalmologist accused of blinding patient with an optical microscope during lens replacement surgery.
  • Obtained defense verdict for a defendant who was involved in a single car motor vehicle accident resulting in death of an occupant. The seminal issue for the jury was who was driving the vehicle during the accident. Involved issues of accident reconstruction and biomechanics. The result protected an insurance company from substantial exposure for first party bad faith.
  • Obtained multi-million dollar verdict and settlement on behalf of a plaintiff against a Fortune 500 chemical company for sexual harassment by a supervisor which included an award of punitive damages and attorney fees.
  • Obtained plaintiff’s verdict and settlement in federal court against pediatric gastroenterologists at a large metropolitan health care facility for medical malpractice. The case involved negligent failure of the physicians to recognize the need for liver transplant surgery and advising the patient to pass on multiple transplant offers which resulted in her death.
  • Obtained defense verdict for a telecommunications company accused of improperly placing and maintaining a utility pole on a rural road which sheared off the elbow of a passenger in a vehicle that left the roadway. The plaintiff was seeking $2.1 million in future economic damages.
  • Obtained defense verdict for obstetrician accused of delaying the diagnosis of fetal distress which resulted in a maternal death during a stat C-section.
  • Obtained defense verdict for emergency room physician accused of failing to diagnose a primary spinal epidural abscess which eventually resulted in the partial quadriplegia of the patient.
  • Obtained defense verdict for acute care hospital for mismanagement of dialysis of a patient resulting in peritonitis and death.
  • Obtained defense verdict for large manufacturer accused of improper design and manufacture of a lawnmower that caused the partial amputation of operator’s right hand.
  • Obtained defense verdict for internist accused of improperly managing asthma resulting in fatal cardiopulmonary arrest of patient.
  • Obtained substantial settlement on behalf of developmentally disabled client who suffered serious orthopedic injuries and a degloving of her right arm when the van in which she was a passenger rolled and skidded along an interstate.
  • Obtained defense verdict in a first degree murder prosecution for a fatal stabbing at an interstate truck stop.
  • Obtained defense verdict for internist in a medical malpractice action accused of improperly managing intractable hypertension causing catastrophic stroke and death.
  • Obtained defense verdict for internist/nephrologist accused in a medical malpractice action of improperly managing necrotizing vasculitis and subsequent infection and sepsis resulting in death.
  • Through the use of civil rights litigation pursuant to 42 U.S.C. §1983, successfully halted action by state regulatory agency and high state officials to close a comprehensive behavioral health center thereby saving 500 full-time jobs. It was alleged that the state officials engaged in retaliation for the exercise of free speech.
  • Successfully defended long-term care facility and rehabilitation center in employment litigation for racial discrimination which had the impetus to become a class action.
  • Represents large behavioral health center and acute care facilities in a variety of corporate and regulatory matters.
  • Represents physicians in administrative proceedings before State Board of Medicine and internal hospital credentialing proceedings.
  • Obtained innumerable dismissals, summary judgments, favorable settlements and resolutions in litigation in a multitude of areas including breach of contract, professional malpractice, products liability, motor vehicle accidents, general personal injury and insurance bad faith.
  • Serves as mediator in a variety of litigation.
  • Served as hearing officer for West Virginia Department of Education in Due Process hearings for special education disputes between students and county school boards.
  • Represents innumerable health care practitioners and health care facilities in medical malpractice litigation involving practically every medical specialty and corporate department.
  • Successfully prosecuted and argued multiple appeals and original actions in Supreme Court of Appeals of West Virginia and the United States Courts of Appeals for the Fourth and Third Circuits.
  • Represented drilling company in breach of contract litigation against developer.
  • Represented school system in various educational issues and litigation including a variety of personnel matters.

Summary of Experience

Patrick S. Casey focuses his practice in the areas of professional malpractice litigation, health care law, insurance bad faith, general litigation, trial and appeal work. He has represented numerous clients in multiple state and federal courts in West Virginia, Pennsylvania and Ohio. He has tried numerous cases to verdict in the areas of medical malpractice, motor vehicle accidents, sexual harassment and products liability on both the defense and plaintiff sides. He has handled multiple appeals before the Supreme Court of Appeals of West Virginia and the United States Courts of Appeals for the Fourth and Third Circuits.

Mr. Casey has successfully represented physicians in malpractice litigation in practically every specialty area. The list includes but is not limited to the following:

Addiction
Allergy
Anesthesia
Cardiology
Clinical Pathology
Colon and Rectal Surgery
Critical Care
Dentistry
Dermatology
Emergency Medicine
Endocrinology
Family Medicine
Gastroenterology
General Surgery
Hair Transplantation
Infectious Diseases
Internal Medicine
Maxillofacial Surgery
Neonatology
Nephrology
Neurosurgery
Neurology
Nuclear Medicine
Obstetrics and Gynecology
Oncology and Hematology
Ophthalmology
Orthopedic Surgery
Otolaryngology
Pain Management
Pathology
Pediatric Gastroenterology
Pediatrics
Physical Medicine and Rehabilitation
Placental Pathology
Plastic Surgery
Podiatric Surgery
Psychiatry
Pulmonology
Radiology
Radiology Oncology
Thoracic Surgery
Urology
Vascular Surgery

In addition, Mr. Casey has successfully represented acute care hospitals, skilled nursing, long-term care and behavioral health facilities in virtually every aspect of care including:

Credentialing
Labor and Delivery
Laboratory Services
Licensing and Regulation
Medical Devices
Nursing
Nurse Anesthesia
Pharmacology
Phlebotomy
Physical Therapy
Physician Assistants
Psychologists
Mental Health
Surgical Personnel

Mr. Casey has advised and represented physicians and institutions alike in contract negotiations over employment; and made presentations, provided in-services, advice and drafted policies, procedures and forms for facilities on a variety of topics including:

Deposition and Trial
Testimony Preparation
HIPAA
Informed Consent
Medical Record Retention
Medical Recordkeeping and EMR
Peer Review
Risk Management
Sexual Harassment
Tort Reform

Mr. Casey represents physicians and nurses before the state professional boards involving licensing and disciplinary matters and he has represented physicians in internal administrative proceedings involving limitations of privileges.