Fain Anderson VanDerhoef, PLLC is, primarily, a trial law firm.  The three named partners have routinely been selected among Washington State’s top trial attorneys in their specialty by Law & Politics Magazine.  We try cases for our clients in state and federal courts, and before state agencies and private trial judges.  Our experience in trying cases also enables us to provide counsel to a wide array of clients on ways to avoid litigation, and to avoid the work we love best – trying cases before juries.

We work hard to develop our skills in communicating with and educating juries and professional panels.   All of our cases require substantial expert testimony; and our representation of health care providers over the years has introduced us to some of the brightest and the best in their respective specialties.  Graphic artists are routinely called upon to help us identify and explain the anatomy or surgical procedures involved in a manner that helps the witnesses tell their stories.  A sampling of our cases tried since 2000 is set out below.

We enjoy assisting our clients with their various legal needs.  Because of relationships we have developed representing clients in trials and other adversary proceedings, those same clients bring other legal work to us.  We appreciate their vote of confidence and are more than willing to assist in partnership/corporate disputes, licensing investigations or actions, hospital privileging and provider plan credentialing matters, crisis management, and risk prevention matters.

FSAV Trials – 2000 to present

1. Alleged failure to diagnose TIA’s, leading to stroke. Defense verdict.
2. Alleged failure to diagnose cardiomegaly in infant, resulting in brain damage. Defense verdict.
3. Alleged negligence and lack or informed consent in performance of neobladder construction. Defense verdict.
4. Alleged negligence by emergency room physicians in diagnosing pneumonia, and in failing to diagnose necrotizing fasciitis or inform patient of availability of public assistance for hospitalization. Defense verdict.
5. Wrongful death of 30 yr old male. Alleged failure to diagnose coronary artery disease, with heart attack on the way home from the doctor’s office. Plaintiff verdict $139,000.
6. Premises liability. Alleged negligence in maintaining and upgrading elevator, allowing 17 year old male to manually open elevator doors when elevator was stuck between floors. Plaintiff fell 100 feet through elevator shaft, suffering permanent brain damage. Plaintiff verdict (28% contributory negligence).
7. Alleged negligent performance of stellate ganglion block. Plaintiff the block caused a near immediate stroke, brain damage and total disability. Defense verdict.
8. Wrongful death. Alleged negligent prescription of Baycol in combination with gemfibrozil in 2001. Defense verdict.
9. Alleged negligence in performance of an interscalene regional anesthetic block during rotator cuff surgery. Plaintiff claimed resulting brachial plexus nerve injury and near total disability of the arm and shoulder. Plaintiff verdict for $350,000.
10. Alleged negligence in performance of an epidural regional anesthetic block during labor. Plaintiff claimed resulting bilateral nerve injury throughout her lower extremities and severe psychological injury. Defense Verdict
11. Alleged negligence of ophthalmologist in placement of an intraocular lens during cataract surgery. Defense verdict
12. Alleged negligence by chiropractor. Allegation of striking patient during chiropractic manipulation resulting in permanent injury to shoulder girdle. Defense verdict.
13. Alleged negligence and lack of informed consent by psychiatrists. Plaintiff alleged improper diagnosis of depression with psychotic features and inappropriate medical treatment, resulting in permanent movement disorder. Defense verdict on informed consent. Hung jury on negligence--subsequently dismissed by plaintiff.
14. Alleged negligence by family practice physician and physician's assistant in failing to timely test and diagnose colorectal cancer, resulting in fatal, metastatic disease. Defense verdict.
15. Alleged negligence of ophthalmologist regarding cataract surgery with damage to vitreous and permanent vision loss. Defense verdict
16. Alleged negligence by anesthesiologist, obstetrician and clinic in birth injury case to baby resulting in permanent brain injury. Allegations of negligence included improper preparation and monitoring of epidural anesthesia leading to stroke in baby. Defense verdict
17. Alleged negligence by obstetrician regarding diagnosis and treatment of a 4th degree laceration following vaginal birth. Plaintiff claimed permanent injury to bowel and loss of sexual function. Plaintiffs verdict for $59,000.
18. Alleged negligence in failing to properly manage labor and delivery and post-cesarean section infection. Plaintiff verdict, reversed on appeal, case settled.
19. Alleged sexual contact during physical exam. Defense verdict.
20. Bowel perforation after alleged negligence in repair of mesentery during infertility surgery. Defense verdict.
21. Alleged failure to diagnose anal cancer in patient with hemorrhoids and alleged failure to obtain informed consent for failing to tell patient that cancer had not been excluded. Defense verdict.
22. Alleged excessive traction on baby’s head by a certified nurse midwife causing brachial plexus injury with loss of use of left arm. Plaintiff verdict.
23. Alleged failure to diagnose mesenteric ischemia in patient with acute onset of severe abdominal pain who was hospitalized for emboli in arm and undergoing tests to determine nature of aortic abnormality that was possible site of clot formation and emboli resulting in loss of large and small bowel allegedly causing chronic, disabling, severe diarrhea. Defense verdict.
24. Plaintiff presented with rectal bleeding and had initial testing. She claimed that she was assured that it was hemorrhoids and that there was no cause for concern. Physician claimed that he told her she needed more testing. More than two years later, colon cancer was diagnosed and breast cancer was diagnosed at the same time. Defense verdict.
25. Wrongful death, plaintiff alleged failure to diagnose pneumonia. Defense verdict.
26. Wrongful death, plaintiff alleged failure to diagnose cardiomyopathy of 11 year old child. Defense verdict.
27. Alleged negligence in prescription of antidepressant meds, causing movement disorder. Defense verdict.
28. Alleged negligence in retinal surgery causing blindness in eye. Defense verdict.
29. Admitted liability, with high-low agreement. Plaintiff alleged negligence in performance of endoscopic procedure. Verdict returned under the negotiated low.
30. Alleged negligence and lack of informed consent in breast reduction surgery resulting in unequal sized breasts and left nipple loss. Defense verdict.
31. Alleged failure to properly treat a leg ulcer. Defense verdict.
32. Alleged negligence. Plaintiff alleged doctor said inappropriate things to her that caused her emotional distress because it brought up her past sexual abuse. Defense verdict.
33. Wrongful death, alleged delayed diagnosis of cancer. Defense verdict.
34. Alleged negligence during performance of femoral-popliteal bypass graft. Incised popliteal nerve instead of popliteal artery. Defense verdict.
35. Wrongful death, alleged negligence in management of long-term ventilatory patient. Defense verdict.
36. Alleged negligence in failing to monitor a patient on multiple medications leading to alleged adverse drug interactions that caused permanent injury. Defense verdict.
37. Wrongful death, alleged negligent management of meningioma by internist and nurse practitioner. Defense verdict.
38. Alleged improper management of a patient on multiple medications leading to the patient having a breakdown. Defense verdict.
39. Wrongful death, alleged overuse of narcotics and sedative with ventilated patient at acute care facility, alleged improper attempts to wean from ventilator causing death. Defense verdict.
40. Brain injury from sepsis following pyloromyotomy and perforation. Plaintiff verdict for economic damages against hospital, surgeon and pediatrician.
41. MQAC trial regarding licensure for physician with concurrent disorders, and alternatives to Washington Physicians Health Program for monitoring.
42. Multiple plaintiff patients and their families sought damages from a pediatrician for alleged inappropriate care and treatment, boundary violations and sexual misconduct. Plaintiffs asked for damages in excess of $22 million, and the jury award after contributory fault was around $550,000.
43. MQAC trial regarding surgeon with postoperative complications following gastric surgery and cholecystectomy. License not suspended, but requirement for consultation.
44. MQAC trial regarding claims of multiple deviations from the standard of care for 14 patients, involving multiple medical issues (cardiology, hematology, gastroenterology, endocrinology, dermatology). Following 5 day hearing, physician was exonerated and all charges were dismissed.