In 2002, Jay joined Elk + Elk after nine years as a trial attorney, including work as a felony prosecutor and civil defense attorney for Ohio’s largest medical centers. This diverse background laid the foundation for his impressive career.
In 2011, Jay became a partner at Elk + Elk, and in 2017, he assumed the role of Managing Partner. His focus on civil trial work in state and federal courts solidified his reputation as a seasoned attorney.
Jay’s practice areas encompass a wide range of medical negligence and wrongful death cases, including birth injuries, maternal deaths, surgeries, oncological issues, cardiac complications, and pharmaceutical causes.
His extensive courtroom experience includes handling cases in over 30 Ohio counties, as well as appearances in appellate courts and the Supreme Court of Ohio.
Jay’s exceptional legal skills and leadership abilities were recognized when he was appointed as Court Liaison and Lead Counsel for all claimants in lawsuits against University Hospitals regarding the loss of thousands of eggs and embryos in 2019. In this role, he supervised the comprehensive management and resolution of cases involving 65 plaintiffs. The litigation stemmed from a fertility clinic incident that rendered thousands of fertilized embryos and eggs non-viable.
In 2021, Jay was awarded “Lawyer of the Year” in Medical Malpractice Law in Cleveland.
Jay has been consistently recognized as an “Ohio Super Lawyer” since 2009. He holds the highest AVVO rating and a 5.0/5.0 AV Preeminent Martindale-Hubbell® Peer Review Rating™, underscoring his legal abilities and commitment to ethics.
Jay’s accomplishments include:
- Top 5 in Cleveland by Super Lawyers from 2012 to 2015
- Top 10 Ohio Super Lawyers list from 2011 to 2015
- Top 100 Ohio Super Lawyers from 2010 to 2023
- Awarded “Lawyer of the Year” in Medical Malpractice Law in Cleveland in 2021
- Consistently included in The Best Lawyers in America for Medical Malpractice and Personal Injury since 2016
Jay’s dedication extends beyond his practice. He has served on the boards of the Ohio Association of Justice and The Cleveland Academy of Trial Attorneys. Nationally, he is a member of the American Association for Justice’s “Leadership Forum.”
Jay is a respected authority in his field and frequently speaks at international conferences for medical and legal groups. He has published chapters in Comprehensive Gynecology, addressing medical-legal issues and risk management related to birth injuries.
He has also contributed to medical textbooks, serving as a reviewer for:
- The Sixth Edition of Fetal Monitoring, a Multidisciplinary Approach
- The Ninth Edition of Pocket Guide to Fetal Monitoring, a Multidisciplinary Approach
Outside of his legal work, Jay values spending quality time with his family, reminding us that life’s greatest treasures are found in our personal connections.
Read more about Attorney Jay Kelley of Elk & Elk Co., Ltd.
In the News
Elk & Elk among best employers in Ohio for 2023 – July 5, 2023
Lawsuit: Workers at local burger eatery robbed customer – May 2, 2023
Elk & Elk preps for formal transition in leadership – May 20, 2018
Settlements and Verdicts
Multiple Resolutions – IVF Embryo Litigation Liaison Counsel – 2018/2019
$10 Million – 2004 – Lucas County
Claim arising from Spinal surgery to correct Scoliosis.
$9.88 Million – Birth Injury – 2006 – Portage County
$9.75 Million – Neonatal Brain Injury
$7.3 Million – Surgical complication resulting in global brain injury.
$6 Million – Minor Neurological Injury – 2022
$6 Million – 2003
The patient was administered a paralytic agent negligently, resulting in an arrest and death while in the ICU, Federal Court resolutions.
$5.45 Million – Birth Injury – 2015 – SW Ohio
Mismanagement of Labor resulting in HIE/ CP in newborn. Settlement among multiple parties.
$5.3 Million – 2008
Mismanagement of intrapartum care of twins results in Twin “A” suffering Hypoxic Ischemic Encephalopathy.
$5.05 Million – 2009
Plaintiff suffered an anoxic brain injury in the recovery room from a combination of Morphine, Valium and airway risk factors. Montgomery County verdict. Verdict reduced to comport with Ohio laws and damage caps. Case settled during post–trial motions with one defendant. The judgment remains versus the other.
Failure to appropriately respond to changes on fetal tracing resulting in HIE / CP in newborn.
$4.6 Million – Explosion Wrongful Death – 2019 – Eastern Ohio
$4.6 Million – Explosion Wrongful Death
$4.55 Million – Neurologic Injury – 2019 – Summit County
$4.55 Million – Birth Injury – 2019
$4.5 Million – Hypoxic Injury – 2011
$4.375 Million – Explosion Wrongful Death – 2019
$4 Million – Neurologic Injury – 2019 – Central Ohio
$4 Million – Birth Injury – 2019
$3.9 Million – 2007
Mismanagement of Labor and delivery, including a failure to recognize warning signs on Fetal Tracings resulting in Neurologic Injury (CP) to the infant.
$3.5 Million – Birth Injury in premature child – 2012
$3.5 Million – Result for injury to neonate/child following placement of a PEG tube – 2011
$3.5 Million – Surgical Error, pregnant female
$3.3 Million – Neonatal injury following PEG tube placement
$3.25 Million – Birth Injury – 2020 – Franklin County
$3.25 Million – Birth Injury – 2020
$3 Million – Injured minor secondary to birth trauma – 2017
$3 Million – Explosion accident resulting in severe burns
$3 Million – Neurologic Injury minor – 2016 – SE Ohio
$3 Million – Minor Birth Injury/Death – 2014
$2.875 Million – Birth Injury/Resuscitation – 2017
$2.875 Million – Medical Malpractice minor – 2017 – NE Ohio
$2.75 Million – Medical Malpractice – 2017
$2.75 Million – Medical Negligence – 2017 – Cuyahoga County
$2.6 Million – Wrongful Death minor – 2016
$2.5 Million – 2006 – Miami County
Mismanagement of preterm labor resulting in stillbirth. Case resolved at insurance limits post–verdict.
Death of mother secondary to hemorrhage following delivery.
$2.3 Million – Birth Injury – 2018
$2.3 Million – Medical Malpractice minor – 2018 – NE Ohio
$2.275 Million – Wrongful Death – 2018 – Delaware County
$2 Million – Wrongful Death Amniotic Fluid Embolism – 2015
Maternal death, multiple defendants. Failure to timely respond to postpartum arrest.
$1.95 Million – Complications from Spinal Anesthesia – 2015
Neurologic injury, secondary to epidural creating subdural hematoma.
$1.8 Million – Wrongful Death minor – 2015
Botched sinus surgery resulting in neurological issues.
$1.75 Million – Birth Injury/Death – 2015
$1.5 Million – Surgical Error – 2011
Resolution for herniated disks following an accident with a city truck.
Delay in diagnosing breast cancer.
$1.5 Million – Delay in Diagnosis of Cancer – 2014
$1.47 Million – Neurologic Injury/Death minor – 2017
$1.375 Million – Medical Malpractice/Wrongful Death – 2018
Failure to diagnose prostate cancer – resulted in cancer progressing to Stage IV by diagnosis.
Delay in Diagnosis and Treatment of Tongue Cancer Case.
$980,000 – Wrongful Death – 2014 – Holmes County
$975,000 – Wrongful Death – 2015 – Franklin County
$950,000 – Wrongful Death – 2019 – Summit County
$950,000 – Delay in diagnosis of cancer – 2018
$800,000 – Dental Malpractice – 2016
$750,000 – Wrongful Death – 2021 – NE Ohio
$750,000 – Stillbirth – 2016
$750,000 – Orthopedic Surgery Complication – 2014
$725,000 – Medical Malpractice – 2020
$400,000 – Wrongful Death – 2014 – Summit County
New Jersey Pro Hac Vice with co–counsel, Louis DeVoto, wrongful death of a 21–year–old female who arrested secondary to pyelonephritis. Code blue was issued in the case.
Wrongful death, cardiac cath complicated by re–occlusion resulting in arrest. Local counsel Rosetti & DeVoto.
Oversaw the handling and resolution of claims related to birth control patches resulting in blood clots.
**All lawsuits are different and Elk & Elk makes no representation or promises that it can obtain the same results in other cases. These results do not guarantee, warrant, or predict the outcome of any future legal matter. You should consult an attorney for advice regarding your individual situation.
Nicholas C. – May 2019
Attorney Jay Kelley and his law firm helped to navigate a very difficult part of our lives. Jay was very responsive to our needs and answered our questions through every step of the process. Jay is top notch and I would highly recommend him to anyone seeking representation.
Julie B. – May 2019
Jay and his team were very professional. They were efficient and always available to be reached for questions. We definitely felt comfortable having them represent us and would recommend to anyone who needs their services!