On May 10, 2021, and largely through the advocacy of the Washington State Hospital Association (WISHA), Governor Jay Inslee signed into law Senate Bill (SB) 5271. The bill amended the…
Read MoreCOA Division III: Hanson v. Carmona, et al.
On March 9, 2021, Division III of the Court of Appeals issued Hanson v. Carmona, et. al., 16 Wash.App.2d 834, ___ P.3d ___ (2021), holding that a claimant is required…
Read MoreHermanson v. MultiCare: Washington Supreme Court clarifies scope of corporate attorney-client privilege and application of Loudon rule.
Over 20 years ago, the Washington Supreme Court announced in Loudon v. Myhre[1] that, in order to protect the patient-physician relationship, defense counsel cannot have what it called “ex parte”…
Read MoreVirtual Hearing Notice
Department of Health Proposed Rule Regarding Coordinated Quality Improvement Programs On October 20, 2020, the Washington State Department of Health (“DOH”) submitted a proposed rule (WSR 20-21-099) that,…
Read MoreAsbestos Appellate Update
Though the seminal asbestos appellate decision in Washington State has remained Lockwood v. AC & S, 109 Wn.2d 235, 744 P.2d 605 (1987) for the last thirty years, there have…
Read MoreCoolen v. Group Health – Division II holds that the defendant hospital did not have a duty to adopt policies and procedures for methods of screening illnesses.
On August 18, 2020, Division II of the Court of Appeals issued unpublished opinion Coolen v. Group Health Cooperative, 2020 WL 4784849, addressing the contours of the Corporate Negligence Doctrine…
Read MoreBennett Bigelow & Leedom, P.S. Welcomes “LEAD-WA” Summer 1L Fellow, Meghan D. Ricci
June 3, 2020 – This year, BB&L partnered with Legal Employers Advancing Diversity in Washington (“LEAD-WA”). The mission of “LEAD-WA” is to foster inclusion and diversity in the practice of…
Read MoreAmicus Brief accepted by Supreme Court in Hermanson v. MultiCare Health System.
Bennett Bigelow & Leedom attorneys Mike Madden and David Norman presented an amicus brief to the Washington Supreme Court on behalf of the Washington State Hospital Association, Washington State Medical…
Read MoreFritz v. Rockwood Clinic – Court of Appeals upholds distinction between negligence and informed consent claims.
On April 2, 2020, a unanimous Division III of the Court of Appeals issued Fritz v. Rockwood Clinic, P.S., 2020 WL 1649817, addressing the long-standing rule in Washington that a…
Read MoreL.M. v. Hamilton – Supreme Court re-affirms limitation on the application and scope of the Frye test.
On March 21, 2019, the State Supreme Court, en banc, issued L.M. v. Hamilton, 193 Wn.2d 113, 436 P.3d 803 (2019), addressing two requirements for the admission of expert testimony:…
Read MoreEhrhart v. King County – Supreme Court orders summary judgment in favor of the defense under the public duty doctrine.
On April 2, 2020, a unanimous Supreme Court[1] issued Ehrhart v. King County, 2020 WL 1649891, which addressed the contours and applicability of the public duty doctrine, a doctrine of…
Read MoreBennett Bigelow & Leedom, P.S. – “Stay Home – Stay Safe” Order & Our Commitment to You
Bennett Bigelow & Leedom will continue to serve its clients through the closure mandated by Governor Inslee’s “Stay Home – Stay Healthy” Order. Our firm’s legal services comprise part of…
Read MoreBennett Bigelow & Leedom, P.S. – Response to COVID-19 & Our Commitment to You
Bennett Bigelow & Leedom knows that the majority of its clients are on the front line of the response to COVID-19. Since Healthcare is our focus, we are here to…
Read MoreDempsey v. Spokane Washington Hosp. – Court of Appeals holds draft opinions from experts not discoverable.
On December 14, 2017, Division III of the Court of Appeals issued Estate of Dempsey v. Spokane Washington Hospital Co., 1 Wn. App. 2d 628, 406 P.3d 1162 (2017). In…
Read MoreBB&L Instrumental in Obtaining Dismissal of Toxic Torts Case
February 22, 2018 – In a case involving claimed mesothelioma as a result of talc exposure, shareholders Jennifer Crisera, Bill Leedom, and associate Jenna Goltermann were instrumental as local counsel…
Read MoreLimitations on Physician Liability Outside Jurisdiction Strengthened by Washington Supreme Court Ruling
On July 6, 2017, the Washington Supreme Court unanimously affirmed the trial court dismissal of Washington State medical negligence claims against Idaho family physician…
Read MoreCourt of Appeals Division I Ruling Impacts Liability of “Apparent Manufacturers”
On June 26, 2017, Division I of the Court of Appeals issued Rublee v. Pfizer, Inc., 2017 WL 2734248 (June 26, 2017), where the Court expressly adopted the test from Restatement (Second) of Torts § 400 for when strict liability may be imposed against entities as “apparent manufacturers”…
Read MoreIn Defense Win, Appeals Court Affirms Outcome Obtained by BB&L Shareholder Jennifer Moore
On May 4, 2017, Division Three of the Court of Appeals of Washington affirmed the partial summary judgment and defense verdict obtained by BB&L partner Jennifer Moore…
Read MoreWashington Supreme Court Allows Expert Medical Causation Testimony by ARNPs, Lowering the Bar for Burden of Proof
On April 27, 2017, by unanimous decision, the Washington Supreme Court held that advanced registered nurse practitioners (ARNPs) are not per se disqualified from providing expert testimony on proximate causation in medical negligence cases…
Read MoreWashington Supreme Court Ruling Signifies Important Wins for Medical Malpractice Defense
On February 2, 2017, the Supreme Court of Washington issued a unanimous opinion in Dunnington v. Virginia Mason Med. Ctr.
Read MoreBB&L Verdict Named to Courtroom View Network’s Top 10 Defense Verdicts of 2016
We are pleased to announce that a major BB&L defense verdict has been selected by Courtroom View Network (CVN) as one of the Top 10 Defense Verdicts of 2016.
Read MoreNewly Signed 21st Century Cures Act May Directly Affect Hospitals and Patients
On December 13, 2016, President Obama signed the 21st Century Cures Act (“Act”) into law with large bipartisan support.
Read MoreBB&L Announces Opening of Spokane Office in 2017
The Directors are proud to announce some exciting additions to the BB&L Team coming in 2017!
Read MoreWashington Supreme Court Says Corporate Attorney-Client Privilege Does Not Cover Communications with Former Employees
On October 20, 2016, the Washington Supreme Court issued its 5-4 decision in Newman v. Highland School District…
Read MoreSignificant Changes Made to the Federal Rules of Civil Procedure
On December 1, 2015, several significant changes to the Federal Rules of Civil Procedure went into effect.
Read MoreThe Washington Supreme Court Upholds Use of “Exercise of Judgment” Jury Instruction
On March 12, 2015, the Washington Supreme Court approved of the use of an “exercise of judgment”…
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