J. M. Kelley's , (Jay) civil trial work in state and federal courts encompasses matters of medical negligence and wrongful death arising from birth injury and surgery; oncological, cardiac and pharmaceutical causes. Mr. Kelley has presented to jury more than 70 cases, including felony prosecution, criminal defense, civil defense and civil plaintiff cases. He was lead counsel on cases in more than 30 Ohio counties, appeals court and the Supreme Court of Ohio.
Jay has been recognized as an "Ohio Super Lawyer" and maintains the highest AVVO rating. He has been named as a top 50 lawyer in Cleveland by Ohio Super Lawyers, Cincinnati Magazine and Northern Ohio Live. Jay has been asked and is currently serving as a member of the board of trustees for Ohio Association of Justice and The Cleveland Acadamy of Trial Attorney's. Nationally he is a member of the American Association of Justice's "Leadership Forum".
Jay speaks internationally to medical 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. The respect of the medical community provides access to leading experts and optimal results.
Email: jkelley@elkandelk.com
Personal History:
Marital status: Married to W. Kelley, with whom he has four children.
DOB 8/18/1968
Education:
Undergraduate - College of Wooster
Wooster, Ohio - B.A. 1990
Graduate - University of Akron, Akron, Ohio
Juris Doctorate 1993
Externship - Ohio Supreme Court. Columbus, Ohio
Office of The Master’s Commissioner 1992
Licensure:
Ohio State Bar November, 1993
Federal Court, Northern District of Ohio 1995
Certifications:
Board Certified Civil Trial Specialist by the National Board of Trial Advocacy
Multi-Million Dollar Advocates Forum
Elite Lawyers of America- Platinum Member (10 or more 2 million dollar results)
American Trial Lawyers Association: Top 100 Lawyers in Ohio.
Ohio Superlawyers- Top 50 Cleveland
Professional Associations:
Ohio State Bar Association
American Association of Justice (AAJ) - Leaders Forum
Cleveland Metropolitan Bar Association
Cleveland Academy of Trial Attorneys (CATA) Board Member, 2006- present
The Ohio Association of Justice (OAJ) Board of Trustees
Political Positions:
Precinct Committee Member, Democratic Party, Ward 1-G. Elected 2006.
Lectures Presentations:
2009:
Winter conference on Obstetrics/ Gynecology, St. Kitts, W. Indes, Symposia Medicus
13th annual conference on Fetal Monitoring, Las Vegas, Nevada, Symposia Medicus
2008:
2007:
2006:
2005:
Miscellaneous Years:
Authorship/Collaboration:
Miscellaneous Credentials:
Recent Settlements and Verdicts by J.M. Kelley III:
$10 Million verdict in paralysis case: (Lucas County Record)
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 (towards) 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.
$9.88 Million verdict in birth injury claim. (Portage County Record)
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 6 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 intubate 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 (air pipe), but was misplaced in the esophagus (stomach). 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 Childs 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 has the home and transportation modifications she requires for her independence.
$6 Million resolution in a medication error resulting in death
Plaintiff was being worked up for appendicitis, when an abdominal aortic aneurysm was incidentally discovered. Out of a sense of precaution plaintiff was held post-operatively in the intensive care unit for vigilant monitoring. During the evening an antibiotic was supposed to be hung on his IV. Unfortunately, a paralytic agent, which looked alike and sounded similar, was given instead.
The effect of this medication is to stop all muscle movements both voluntary and involuntary, such as breathing. The patient is not asleep, and cognitively remains coherent throughout this. Monitors were in place, but despite visual and audible warnings went unattended. The result was a profound neurological injury leading to death from oxygen deprivation of a single man in his 50's with three adult children.
June 2008: $5.3 Million Medical Malpractice
J.M. Kelley III:
John Doe V. Unnamed Hospital et al
5.3 Million dollar confidential result for a neurologically impaired twin. The first of two twins born suffered an acute hypoxic injury following a failure by medical personnel to appreciate the persistent fetal tachycardia (rapid heart rate) and a non-reassuring fetal tracing indicative of oxygen deprivation for an hour and forty-five minutes prior to delivery. The evidence bore out an acute insult either from the umbilical cord or a twin to twin transfusion caused an emergent situation at 7:15 pm, and went unattended, resulting in delivery at 9:06.
Utilizing of experts in obstetrics, neonatology, pediatric neuroradiology, placental pathology and pediatric neurology we established the medical need for intervention, and established with appropriate care this catastrophic outcome would have been avoided.
Additionally, through a certified lifecare planner and a PhD. in economics we demonstrated the exact cost of each item needed now and through the Childs lifetime. Following the resolution through annuities and a Special Needs Trust we ensured the child would have the benefits of the money and retain government benefits through his lifetime. This results in added funds and security for the child and his parents.
January 2008: $3.9 Million Medical Malpractice Resolution -
J.M. Kelley III:
Jane Doe V. Unnamed Hospital
3.9 Million Dollar Confidential resolution on behalf of a child with Cerebral Palsy from the birth process. This young girl suffers from Cerebral Palsy as a result of in-utero oxygen deprivation. The mother presented and was placed on fetal monitors that reflect the contraction pattern and the Childs heart rate in response to the forces of labor.
The monitors revealed a sinusoidal (wavelike) pattern was present for several hours. Sinusoidal patterns are a non reassuring manifestation of fetal stress from oxygen deprivation. Unfortunately, the hospital's personnel failed to respond. This delay created permanent injury in the Child’s brain, resulting in the need for a lifetime of care.
The goal of any settlement for a child requiring assistance in their activities of daily living is to ensure the necessary quality of medical care is available throughout their life and providing the equipment and staff to maximize their independent functioning in their home and/or community. This resolution will provide all of those needs for this young girl throughout her life.
Delay in Diagnosis and Treatment of Tongue Cancer Case Settles For $1,100,000.00 (Medical Malpractice).
Client, age 54, was complained of pain in the tongue on several occasions to a periodontist. The periodontist simply poked around a hard surface on the client’s tongue, claimed it to not be cancerous, and failed to perform any biopsy on the lesion. The client then consulted an oncologist who did a biopsy and found that the client had stage 4 tongue cancer. As a result, the client completed radiation therapy to fight the cancer. Unfortunately, the client is in fear of relapse.
$4.1 Million in cerebral palsy case
$3.5 Million in surgical error case
$3 Million resolution for drowning death of teenager
$3 Million resolution for man burned over arms, legs and torso from explosion
$2.99 Million in birth injury/cerebral palsy case
$ 2.5 Million verdict in stillbirth case (Miami County Record)
Plaintiff was a child who was stillborn as a result of a failure to properly triage and monitor non-reassuring signs prenatally. The mother had signs of premature labor and was hospitalized and monitored at 35 weeks gestation. Thereafter she made multiple calls to the OBGYN regarding decreased movement by her child and leaking fluid. In lieu of the physician handling the calls, an aide with a high school education gave advice, which was how she was trained by the physician.
Unfortunately, the umbilical cord was around the Child’s neck and as he continued down the birth canal the signs were progressively more ominous. Ultimately they did not check the patient until there was no movement by the child. It was too late and the child had passed.
The plaintiffs demonstrated the standard of care does not allow non-physicians to triage these types of complaints. Further, with the increased risks of premature labor, leaking fluid and decreased movement, this mother should have been continuously monitored. Had the defendants complied with accepted standards of care, this child would have been born healthy.
$1.8 Million in botched sinus surgery
$1.5 Million resolution for delay in diagnosing breast cancer
$1 Million resolution in a failure to diagnose prostate cancer - resulted in cancer progressing to Stage IV by diagnosis
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