Mr. Brown joined Flaherty Sensabaugh Bonasso, in the fall of 2005. His practice emphasizes medical professional liability with a particular emphasis in long-term care litigation. In addition, Ryan has advised clients concerning regulatory and compliance issues such as certificate of need, incorporation, acquisition, HIPAA, the West Virginia Nursing Home Act and the West Virginia Patient Safety Act.
Practice Concentrations:
- Medical Professional Liability Litigation
- Health Care/Regulatory Compliance
- Employment Litigation
Education:
- J.D., West Virginia University College of Law (2005)
- M.S., Criminal Justice, Eastern Kentucky University (2000)
- B.S., Criminal Justice, Fairmont State University (1998)
Court Admissions:
- West Virginia Supreme Court of Appeals
- United States District Court for the Southern District of West Virginia
Representative Legal Work:
- Obtained a trial verdict for an OBGYN where plaintiff alleged that she
was not properly informed of the risks and alternatives to a total
abdominal hysterectomy. Stanley v. Chevathanarat, 222 W.Va. 261, 664 S.E.2d 146 (2008).
- Obtained a trial verdict for a general surgeon where plaintiff alleged
that the general surgeon's decision to remove the patient's gallbladder
activated a virus that led to the patient's death.
- Obtained dismissal for hospital where former patient alleged that his mental health records were disclosed without his approval.
- Represented an insurance company which challenged a rate increase request by a hospital in front of the West Virginia Health Care Authority.
- Favorably represented a physician and physician's assistant in response to a patient complaint made to the West Virginia Board of Osteopathy.
- Favorably represented a dentist in response to an investigation by the West Virginia Board of Dental Examiners.
- Represented a national home health care provider in the acquisitions of
several West Virginia home health agencies.
- Represented a hospital in employment discrimination and West Virginia Patient Safety Act claims made by former employees.
- Favorably represented numerous nursing homes against Medical Professional Liability Act and West Virginia Nursing Home Act claims.
- Advised nursing homes regarding the applicability of arbitration agreements in long-term care settings.
- Obtained dismissal in an arbitration forum where plaintiff alleged she developed decubitus ulcers in a nursing home.
- Obtained dismissal for a long-term acute care hospital where the plaintiff alleged that the hospital failed to timely diagnose and treat the patient.
- Obtained summary judgment for a hospital and nurse in a medical malpractice action where plaintiff claimed he fell out of his hospital bed and fractured his shoulder.
- Obtained dismissal for hospital administration in a medical malpractice action where plaintiff was asking the court to order hospital administration and treating physician to prescribe medication to plaintiff.
- Obtained dismissal for physician and physician's assistant in a medical malpractice action where plaintiff alleged that the physician’s assistant perforated the plaintiff's left tympanic membrane.
- Obtained summary judgment for an employer in a deliberate intent case where plaintiff claimed she sustained injuries resulting from a fall at work.
- Represented a natural gas company in defense of a property damage claim where plaintiffs claimed that a natural gas pipeline caused a stream to overflow and flood plaintiff's property.
- Favorably represented plaintiffs in a contract dispute where defendant failed to repay a loan for college tuition.
Reported Cases:
- Stanley v. Chevathanarat, 222 W. Va. 261, 664 S.E.2d 146 (2008)
Community Involvement:
- Holly Evans Memorial Scholarship Fund
Awards & Honors:
- CALI Excellence for the Future Award: Workers’ Compensation, West Virginia University College of Law.
- Alpha Phi Sigma
Teaching & Lecturing:
- Adjunct Professor, Internet Criminal Activity, Fairmont State University (2002)
- From Pinstripes to Jail Stripes: Using Prison Inmate Date to Challenge Stereotypes of the White-Collar Crime Offender, Academy of Criminal Justice Sciences (2002)
- The Nature and the Problem and the Statistics Relating to Identity Theft, American Society of Criminology (2001)