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Professional Statement:

Rick Jones concentrates his civil litigation practice in the areas of medical malpractice defense, products liability defense, complex and mass tort litigation, and commercial litigation. He has extensive experience in defending physicians and hospitals in medical negligence cases. Mr. Jones also has extensive experience in representing health care organizations in matters relating to privileging and credentialing, as well as matters arising from CLIA and HCQIA. Additionally, he has extensive experience in representing and defending manufacturers of a wide variety of products. His commercial experience has included representation of a variety of businesses and corporations in litigation-related matters.

Mr. Jones is an original member of Flaherty, Sensabaugh & Bonasso, PLLC, and has been an integral part in the growth of the firm from its original six members to over forty lawyers in three separate cities in the State of West Virginia.

Practice Concentrations:

• Hospital and Physician Malpractice
• Privileging and Credentialing for Health Care Organizations
• Pharmaceutical and Medical Device Defense
• Product Liability
• Complex and Mass Torts
• Commercial and Business Litigation

Education:

• J.D., College of Law, West Virginia University (1981)
  (Member and Associate Editor of the West Virginia Law Review)
• B.S., Economics, West Virginia University, College of Business and Economics (1976)

Court Admissions:

• West Virginia Supreme Court of Appeals
• United States Third Circuit Court of Appeals
• United States Fourth Circuit Court of Appeals
• United States District Court for the Southern District of West Virginia
• United States District Court for the Northern District of West Virginia

Professional Involvement:

• West Virginia State Bar (1981 - Present)
• West Virginia Bar Association (Present)
• Kanawha County Bar Association (President 1989 - 1990)
• American Bar Association (1981 - Present)
• Defense Trial Counsel of West Virginia (1984 - Present)
• Defense Research Institute (1986 - Present)

Community Involvement:

• Member and Past Chair (2006) of CAMC Foundation's Children's Gala
• Adult Leader, Boy Scouts of America (Buckskin Council)
• Volunteer, Read Aloud, Kanawha County Board of Education
• Volunteer, South Hills Youth Sports Leagues
• Agent, Class of 1981, West Virginia University College of Law
• Kanawha County Pro Bono Referral Project
• Alumnus, Leadership Charleston, Charleston, West Virginia
• Charleston Chamber of Commerce, Member, Management Information Services (1987-1991)
• Host Family, International Cultural Exchange Student (ICES) Program

Awards & Honors:

• West Virginia Super Lawyers, First Edition (2007)
• Select Committee on Local Rules for Circuit Court of Kanawha County, West Virginia (appointed by Supreme Court Chief Justice William Brotherton) (1990)
• President, Kanawha County Bar Association (1989 - 1990)
• Member, Young Lawyers Executive Committee, West Virginia State Bar (1986 - 1989)
• Member and Associate Editor, West Virginia Law Review, Vol. 83 (1980 - 1981)

Representative Legal Work & Trial Experience:

• Obtained defense verdict for general surgeon in wrongful death/medical malpractice case in which plaintiff alleged negligence in failing to appreciate the severity of the decedent's abdominal complaints
• Obtained defense verdict for two general surgeons in wrongful death/medical malpractice case in which plaintiff alleged negligence in post-operative care
• Obtained defense verdict for hospital/resident physician in wrongful death/medical malpractice case in which plaintiff alleged negligence in failing to detect the severity of decedent's depression resulting in suicide
• Obtained defense verdict for hospital in wrongful death/medical malpractice case in which plaintiff alleged negligence in failing to appropriately treat a child for croup
• Obtained defense verdict for hospital in wrongful death/medical malpractice case in which plaintiff alleged negligence in failing to timely diagnose and treat the decedent for abdominal complaints
• Obtained defense verdict for hospital/ob-gyn resident in medical malpractice case in which plaintiff alleged negligence in injuring femoral nerve during gynecological procedure
• Obtained defense verdict for hospital in defamation case brought by a cardiovascular surgeon who claimed that the hospital wrongfully published a peer review report relating to the surgeon
• Favorably settled lawsuits against twelve West Virginia hospitals in West Virginia’s Breast Implant Litigation
• Appointed by the trial court as liaison counsel for all West Virginia hospitals in West Virginia’s Breast Implant Litigation
• Obtained voluntary dismissal of general surgeon in medical malpractice case in which plaintiff alleged negligence in performing breast biopsy resulting in infection
• Obtained dismissal and successfully defended appeal of hospital in products liability case involving allegations of contaminated sutures
• Represented and favorably disposed of multiple lawsuits against medical laboratories in which plaintiffs alleged that pap smears were wrongly and negligently interpreted (CLIA related)
• Obtained dismissal of hospital in Norplant litigation
• Favorably settled claim against internal medicine physician in medical malpractice case in which plaintiff alleged negligence in prescribing a combination of medications resulting in lithium toxicity
• Favorably settled claim against hospital in medical malpractice case in which plaintiff alleged negligence in treating infection
• Obtained dismissal of nursing home in medical malpractice case in which plaintiff alleged sexual abuse of resident
• Obtained voluntary dismissal for hospital in medical malpractice case in which plaintiff alleged negligent removal of foley catheter
• Obtained summary judgment for hospital in a claim brought by a cardiovascular surgeon who alleged that his privileges were wrongfully terminated (HCQIA related)
• Favorably settled claim against manufacturer of recreational vehicles involving catastrophic head injuries
• Favorably settled claims against the manufacturer of herbicide in case in which plaintiffs alleged to have developed cancer from product exposure
• Obtained defense verdict for manufacturer of mining equipment in a commercial dispute
• Obtained summary judgments for a publicly traded technology company in a series of cases alleging violation of West Virginia's Prevailing Wage Act law

Reported Cases:

• Blankenship v. Ethicon, Inc., --- S.E.2d ----, 2007 WL 3034262, W.Va., October 12, 2007 (NO. 33224)
• Turnpike Ford, Inc. v. Ford Motor Co., 244 F.R.D. 332, S.D.W.Va., July 10, 2007 (NO. 2:05 CV 00398)
• Turnpike Ford, Inc. v. Ford Motor Co., 415 F.Supp.2d 666, S.D.W.Va., February 22, 2006 (NO. 2:05 CV 00398)
• Wahi v. Charleston Area Medical Center, 453 F.Supp.2d 942, S.D.W.Va., September 29, 2006 (NO. CIV.A.2:04CV00019)
• State ex rel. Brooks v. Zakaib, 216 W.Va. 600, 609 S.E.2d 861, W.Va., November 15, 2004 (NO. 31782)
• State ex rel. Brooks v. Zakaib, 214 W.Va. 253, 588 S.E.2d 418, W.Va., June 23, 2003 (NO. 31042)
• Barker v. Hoak, 60 Fed.Appx. 500, 2003 WL 1861565, C.A.4 (W.Va.), April 11, 2003 (NO. 02-2095)
• Raines v. White, 195 W.Va. 266, 465 S.E.2d 266, W.Va., November 17, 1995 (NO. 22816)
• Neary v. Charleston Area Medical Center, Inc., 194 W.Va. 329, 460 S.E.2d 464, W.Va., July 11, 1995 (NO. 22576)
• Dunn v. Kanawha County Bd. of Educ., 194 W.Va. 40, 459 S.E.2d 151, 101 Ed. Law Rep. 1207, W.Va., May 19, 1995 (NO. 22550)
• State ex rel. Charleston Area Medical Center v. Zakaib, 190 W.Va. 186, 437 S.E.2d 759, W.Va., October 29, 1993 (NO. 21821)
• McGlone v. Superior Trucking Co., Inc., 178 W.Va. 659, 363 S.E.2d 736, W.Va., November 18, 1987 (NO. 17151)
• Hickman v. Grover, 178 W.Va. 249, 358 S.E.2d 810, Prod.Liab.Rep. (CCH) P 11,464, W.Va., June 16, 1987 (NO. CC961)
• United Mine Workers of America v. Faerber, 179 W.Va. 73, 365 S.E.2d 353, W.Va., November 19, 1986 (NO. 17076)
• United Mine Workers of America v. Faerber, 179 W.Va. 65, 365 S.E.2d 345, W.Va., July 10, 1986 (NO. 17076)
• Buckeye Union Ins. Co. v. Boggs, 109 F.R.D. 420, S.D.W.Va., February 21, 1986 (NO. CIV. A. A:85-0502)
• Sitzes v. Anchor Motor Freight, Inc., 169 W.Va. 698, 289 S.E.2d 679, W.Va., March 23, 1982 (NO. CC924)

Slip Opinions/Unpublished Cases:

• Freidman, M.D. v. Charleston Area Medical Center, Slip Copy, 2006 WL 1806197, S.D.W.Va., June 29, 2006 (NO. CIVA 2:04CV00406)
• Blankenship v. Ethicon, Inc., Slip Copy, 2003 WL 25533762, S.D.W.Va., November 06, 2003 (NO. CIV A 203-0622
• Prather v. Commtec/Pomeroy Computer Resources, Inc., Slip Copy, 2006 WL 2038320, 12 Wage & Hour Cas.2d (BNA) 85, S.D.W.Va., July 20, 2006 (NO. CIV.A. 2:05-CV-00443)
• Prather v. Commtec/Pomeroy Computer Resources, Inc., Not Reported in F.Supp.2d, 2006 WL 363204, 11 Wage & Hour Cas.2d (BNA) 695, S.D.W.Va., February 15, 2006 (NO. CIV.A. 205-CV-00443)
• Barnett v. Commtec/Pomeroy Computer Resources, Inc., 439 F.Supp.2d 598, 153 Lab.Cas. P 60,295, 65 Fed.R.Serv.3d 1054, 11 Wage & Hour Cas.2d (BNA) 1527, S.D.W.Va., July 20, 2006 (NO. CIV.A. 2:05-CV-00439)
• Barnett v. Commtec/Pomeroy Computer Resources, Inc., Not Reported in F.Supp.2d, 2006 WL 363132, 11 Wage & Hour Cas.2d (BNA) 464, S.D.W.Va., February 15, 2006 (NO. CIV.A. 2:05-CV-00439)
• Sansom v. Commtec/Pomeroy Computer Resources, Inc., Not Reported in F.Supp.2d, 2006 WL 2038327, 12 Wage & Hour Cas.2d (BNA) 661, S.D.W.Va., July 20, 2006 (NO. CIV.A. 2:05-CV-00444)
• Sansom v. Commtec/Pomeroy Computer Resources, Inc., Not Reported in F.Supp.2d, 2006 WL 363170, 11 Wage & Hour Cas.2d (BNA) 700, S.D.W.Va., February 15, 2006 (NO. CIV.A. 2:05-CV-00444)
• Taylor v. Commtec/Pomeroy Computer Resources, Inc., Not Reported in F.Supp.2d, 2006 WL 2038332, 12 Wage & Hour Cas. (BNA) 823, S.D.W.Va., July 20, 2006 (NO. CIV.A. 2:05-CV-00445)
• Cooper v. Commtec/Pomeroy Computer Resources, Inc., Not Reported in F.Supp.2d, 2006 WL 2038333, S.D.W.Va., July 20, 2006 (NO. CIV.A. 2:05-CV-0441)
• Cooper v. Commtec/Pomeroy Computer Resources, Inc., Not Reported in F.Supp.2d, 2006 WL 362352, 11 Wage & Hour Cas.2d (BNA) 540, S.D.W.Va., February 15, 2006 (NO. CIV.A. 2:05-CV-00441)\
• Holland v. Bone, 833 F.2d 1005, 1987 WL 39013, Unpublished Disposition,, C.A.4 (W.Va.), November 19, 1987 (NO. 87-1166)

Teaching & Lecturing:

• Various legal seminars for clients, lawyers, and legal assistants

Writings & Publications:

• Various legal seminars for clients, lawyers, and legal assistants

Legal Experience:

• Partner/Member, Flaherty, Sensabaugh & Bonasso, PLLC (1991 - Present)
• Associate/Partner, Kay, Casto & Chaney (1981 - 1991)