John Fitzpatrick, a former concert pianist and Army Airborne Ranger, began his legal career in 1981 with the U.S. Army JAG Corps as a prosecutor trying criminal cases in Colorado. He became the 8th Army Division's Chief Prosecutor in South Korea in 1983 and was selected to be the senior medical malpractice attorney for the U.S. Army Tort Branch at the Pentagon in1986, where he tried 12 civil cases to verdict in federal courts across the country before entering private practice in Richmond, Virginia in 1988.

Over the next 20 years, "Fitz" developed a reputation as the "go-to" trial attorney for high-exposure cases for both national and local clients. Whether the case involves claims of product defects in aviation, asbestos, pharmaceuticals or medical devices, high-exposure birth-trauma claims in medical malpractice, or chemical releases of toxic substances, Fitz has an unparalleled record of success with high-exposure cases. He has tried in excess of 200 cases to verdict in 30 states and obtained defense verdicts in the vast majority of them.

Fitz moved to Colorado in 2007 to join the national litigation firm of Wheeler Trigg O'Donnell. He quickly became known locally as a respected national trial lawyer when his peers selected him as one of Colorado's Super Lawyers in 2008 and 2009. He was chosen a Law Week Colorado "Lawyer of the Year" for 2008. Also, in 2008, General Electric's Asbestos Section of the Environmental Law Division named Fitz GE's "Outside Counsel of the Year."

PRODUCT LIABILITY

Fitz's civilian trial career started when he was selected as the youngest national trial counsel for Owens-Corning's national asbestos trial team in 1989. He currently serves as national trial counsel for GE, Foster Wheeler, Leslie Controls, Velan Valve, and Dana Corporation. Fitz has taken more than 40 asbestos cases to verdict in some of the toughest jurisdictions in the United States. Below is a sample of his recent case activity:

• General Electric (August 2009, Chicago, IL) - Fitz obtained a defense verdict in a land-based turbine case in Chicago. First asbestos case trial in Chicago in 10 years, and the first case to verdict in Illinois since the Nolen decision. Two-week trial and jury was out for 30 minutes before coming back with a verdict.
• Leslie Controls (June 2009, Los Angeles, CA) - Fitz won a defense verdict after two weeks of trial in a Navy exposure case to Leslie Valves following a 20-minute jury.
• Foster Wheeler (February 2008, Los Angeles, CA; March 2008, Iowa City, IA; December 2008, San Francisco, CA) – Fitz obtained a JNOV from a Los Angeles judge following a three-week trial. While that jury was deliberating, Fitz flew to Iowa and began cross-examining plaintiff's expert the day he arrived. He obtained a defense verdict after two weeks of trial.
• Foster Wheeler (June 2007, Boston, MA) – Fitz won a defense verdict after six weeks of trial in a living mesothelioma case, the first case tried to verdict in Boston in 10 years.
• Foster Wheeler (June 2006, Los Angeles, CA) – The same day a settlement was reached during trial in another case, Fitz was asked to take over the defense of a living mesothelioma case already in jury selection. After three weeks of trial, he obtained the first defense verdict for Foster Wheeler in California.
• General Electric (June 2005, Madison County, IL) – Fitz obtained the first defense verdict for GE in an asbestos case in the jurisdiction voted the "#1 judicial hellhole" for corporate America. It was the first asbestos case tried to verdict for GE in 15 years.

Fitz has been selected to handle high-exposure cases involving product defects in aviation (e.g., he handles Global Aerospace cases in multiple states with a SWAT team of lawyers with aviation experience, many of them with private pilot's licenses), equipment (e.g., he represents Illinois Tool Works in product liability cases involving building straps), chemical releases (e.g., he represents Air Product regarding ammonia gas cases), medical products (e.g., he represents General Electric in matters involving Omniscan), pharmaceuticals (e.g., he represents Lab Corps) and national security (e.g., he represents Nike Hercules Air Defense System).

MEDICAL MALPRACTICE

Fitz has extensive experience trying medical malpractice actions throughout the United States. His first trial in Virginia in 1989 led to the building of the largest medical malpractice team in Virginia over the next 20 years. He generally had three to five of the top defense verdicts in any given year and often averaged 10 verdicts per year. His expertise in brain-damaged baby cases led CNA Insurance to ask him to become their national trial counsel for birth-trauma cases in 2002. He assisted CNA in selecting a national "brain-damaged baby" team. This concept of establishing "SWAT" lawyers with particular expertise to try cases across the country gained acceptance with many other national companies. Since then, Fitz has been chosen to be national trial counsel for HCI, UHS, Premier, Medical Protective, The Doctors Company, SwissRe, GE Healthcare and MedStar in their high-exposure cases. Since 2004, Fitz has tried 25 high-exposure cases to verdict in 13 states and prevailed in 95% of them. In 2005, Fitz was named CNA's 2004 Health Pro Litigator of the Year.

• UHS (July 2009, Riverside, CA) - Fitz spent four weeks in trial for a case involving a brain damaged adult man. Specials were in excess of $10 million and plaintiff's last demand when trial started was $2.5 million. Jury returned a verdict of $6 million, but found plaintiff 75% contributory negligent. After setoff from settling defendants, Fitz's client owed only $37,000.
• SwissRe (March 2009, Tampa, FL) – Two weeks before trial began, Fitz and his team were asked to take over a case involving a permanent brain injury to a well-known plaintiff's lawyer. Both local and regional defense counsel recommended a settlement of $12-15 million. Fitz tried the case for two weeks and obtained a defense verdict.
• HCI (February 2007, Rockingham, NH) – With two-weeks notice, Fitz agreed to take over as lead trial counsel in a case involving the death of a 63-year-old man following complications from gall bladder surgery. He obtained a defense verdict by convincing the jury that an empty oxygen tank, which the plaintiff was using for supplemental oxygen shortly before his cardiac arrest, did not cause his death.
• MedPro (March 2006, Columbia, SC) – Fitz successfully defended a doctor who performed spine surgery. The plaintiff became paralyzed following the surgery and blamed the surgeon for not recognizing the early signs of paralysis. Fitz obtained a defense verdict after a two-week trial.
• CNA (March 2005, Orlando, FL) – Fitz obtained a defense verdict for Universal Studios in federal court. Fitz entered the case after all mediation attempts failed and co-defendants and excess insurance carriers recommended settlement of $3-5 million. The jury was out for less than 30 minutes following a one-week trial.

COMMERCIAL LITIGATION

Because of his trial experience, Fitz was asked to assist in the defense of a significant commercial case involving allegations of fraud in 2008. He also acted as lead counsel in a large employment discrimination case for Circuit City in Maryland in 2005.

• Chesapeake Advisors LLC (September 2008, Richmond, VA) – After a five-day trial, Fitz obtained a defense verdict in this case involving allegations of breach of contract, fraud, and unjust enrichment

Obviously no stranger to the courtroom, Fitz lectures frequently on the need to select "experienced" trial lawyers for high-exposure cases.