Jay's practice focuses on civil trial work in state and federal courts in matters of medical negligence and wrongful death arising from birth injury, surgery; oncological, cardiac and pharmaceutical product liability causes. Jay has presented to jury more than 70 cases, including felony prosecution, criminal defense, civil defense and civil plaintiff cases. He has been lead counsel on cases in more than 30 Ohio counties, appellate courts and the Supreme Court of Ohio.

Jay has been recognized as an “Ohio Super Lawyer” for Four consecutive years, maintains the highest AVVO rating and received a 5.0/5.0 AV Preeminent Martindale-Hubbell® Peer Review Rating™ by members of the Bar and Judiciary for his legal ability and professional ethical standards. He has been named to the Top Ten Ohio Super Lawyer’s list for 2011 and 2012 by Super Lawyers, Cincinnati and Columbus magazines, Top 100 Ohio Super Lawyers for 2010, 2011 and 2012 and Top 50 lawyers in Cleveland by Super Lawyers for 2009 and 2012. Jay is a past member of the board of trustees for Ohio Association of Justice and currently serves on Board of Trustees for The Cleveland Academy of Trial Attorneys. Nationally, he’s a member of the American Association of Justice's “Leadership Forum.”

Jay speaks internationally to medical and legal groups on the issue of birth injury and medical liability. In 2008, Jay was reviewer for a fetal monitoring textbook used by physicians around the country on the issue of liability for birth injuries. Jay has recently submitted a chapter on Medical Legal Liability in Gynecology for print in 2011 in Katz, 6th Edition Comprehensive Gynecology. The respect of the medical community provides access to leading experts and optimal results.

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$10 Million Verdict – Medical device error results in paralysis

The case centered on instrument positioning intra-operatively during the removal of the pedicle bone. It is a foreseeable consequence of pressure that the bone can give way. Accordingly, the standard of care mandates applying pressure with the ronguer lateral to the spinal cord. This simple precaution insures the cord is not harmed by the instrument if the bone breaks. Unfortunately, in this claim, the instrument was held medial (toward) the cord and when the bone gave the instrument caused blunt trauma to the spinal cord.

The resultant injury was paralysis from the waist down. A life care planner and economist assisted in presenting evidence of medical needs throughout our client’s life and the exact cost of the same. The verdict insures that our client will have access to the medical needs and lifestyle modifications to maximize the quality of care and his independence.

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$9.88 Million Verdict – Birth injury leads to brain damage

This claim centered on the failure to properly respond to an infant born in distress. Plaintiff underwent a scheduled cesarean section delivery. Preoperatively, all medical evidence supported the child was medically fine. The surgery took approximately six times longer than typical. At birth the child had no respirations, critically low heart rate, was flaccid and cyanotic.

A neonatal team was present in the room, and the standard of care mandates a specific algorithm be followed when resuscitating a newborn, and that each step be recorded. Unfortunately, despite respiratory distress, it took three minutes to incubate the child by a technician. Thereafter the child failed to respond until an anesthesiologist was paged to the room.

Upon arrival the physician noticed the tube was not in the trachea but was misplaced in the esophagus. The tube was removed and appropriately placed, and the child began to respond. Unfortunately, the delay was at least eight minutes where this ill child had no reparatory response, resulting in permanent brain injury.

Through pediatric neuroradiology evidence was presented that documented the child was without oxygen for less than six minutes before birth and would have been spared injury with appropriate response. Evidence of lifetime needs was presented through a life care planner and economist. Furthermore, a trust to protect the child’s funds throughout her lifetime has been put in place by the parents and probate courts to be certain she receives the best care throughout her life, and that she has the home and transportation modifications she requires for her independence.

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$6.3 Million Verdict – Medication error results in neurologic injury

Our 56-year-old client from Montgomery County suffered neurologic injury following medication interaction and delayed airway management in recovery room.

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$4.5 Million Settlement – Intrapartum mismanagement results in delivery injury

Intrapartum mismanagement by family practitioner and nurses combined with delivery injury left child with a permanent brain injury. Settlement will meet most all of the Plaintiff’s needs throughout the course of her life.

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$1.5 Million Settlement – Medical malpractice causes death

Decedent’s 49-year-old wife went to the emergency room three times in one week with a fever, vomiting and abdominal pain but was sent home each time. The third time she was admitted and eventually sent to the ICU after her blood pressure was dropping. Plaintiff was then taken to surgery for a bowel obstruction when she died from a heart attack. A pre-surgical check indicated she had no heart history.

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