Jody Simmons

Senior Member

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Ms. Simmons has been representing health care facilities and individual providers in West Virginia, Kentucky, and Virginia for more than 17 years. She has spent her career defending physicians and hospitals in medical malpractice cases and other legal disputes. In addition, she has represented health care providers in disciplinary actions before the West Virginia Board of Medicine and the West Virginia Board of Nursing. She has tried numerous cases involving complex medical issues.

Practice Areas:

  • Medical Malpractice
  • Legal Malpractice
  • Insurance Defense
  • Insurance Bad Faith
  • Premises and Product Liability
  • General Defense

Education:

  • JURIS DOCTOR, West Virginia University College of Law, Morgantown, WV (2005)
  • Executive Articles Editor, West Virginia Law Review, Volume 107
  • Executive Committee, West Virginia Law Review, Volume 107
  • Associate Editor, West Virginia Law Review, Volume 106
  • Publication: Expanding Attorney Liability To Third Party Adversaries For Negligence, 107 W. Va. L. Rev. 553 (2005)
  • Judicial Board of Appeals, West Virginia University, 2004-2005
  • Judicial Board, West Virginia University, 2003-2004
  • Who’s Who Among American Law Students, 2005
  • BACHELOR OF SCIENCE, BUSINESS ADMINISTRATION, University Of Tennessee, Knoxville, TN (2001)

Honors, Awards, Services:

  • Dean’s List 1997-2001
  • Who’s Who Among American Colleges and Universities

Licenses:

  • West Virginia, 2005
  • Kentucky, 2006
  • Virginia, 2008

Court Admissions:

  • United States Court of Appeals, Fourth Circuit
  • United States Court of Appeals, Sixth Circuit
  • United States District Court, Northern District of West Virginia
  • United States District Court, Southern District of West Virginia
  • West Virginia Supreme Court of Appeals
  • All West Virginia Circuit and Magistrate Courts
  • All Virginia Circuit and General District Courts
  • Virginia Supreme Court
  • Kentucky Supreme Court
  • United States District Court, Eastern District of Kentucky
  • United States District Court, Eastern District of Virginia
  • United States District Court, Western District of Virginia
  • Kentucky Court of Appeals
  • All Kentucky Circuit and District Courts
  • Virginia Court of Appeals

Professional Affiliations:

  • West Virginia State Bar
  • West Virginia Bar Association
  • Kanawha County, West Virginia Bar Association
  • Kentucky Bar Association
  • American Bar Association
  • Defense Trial Counsel of West Virginia
  • Defense Research Institute
  • Virginia State Bar
  • Virginia Bar Association
  • American Bar Association
  • West Virginia Super Lawyers "Rising Stars" 2016, 2017, 2018

Successes:

  • Successfully defended a family physician in a three day trial involving allegations of failure to appropriately treat pneumonia and sepsis, resulting in a 40 year old’s death.
  • Successfully defended a family physician in a seven day jury trial in a case involving allegations of failure to timely diagnose and treat pneumonia resulting in the patient’s death.
  • Successfully defended a retired ob/gyn suffering from Parkinson’s disease in a seven day jury trial in a case involving allegations of failure to appropriately diagnose and treat a pelvic abscess, resulting in severe infection and permanent injuries.
  • Successfully defended a dermatologist in a three day jury trial in a case involving allegations of failure to appropriately treat early stage melanoma, resulting in death.
  • Successfully defended a general surgeon in a six day jury trial in a case involving allegations of failure to appropriately diagnose and treat inflammatory breast cancer.
  • Settled case on behalf of a large hospital four days into trial in a case involving allegations that an employed surgeon failed to diagnose and treat early stage breast cancer, resulting in the patient’s death.
  • Settled case on behalf of a pediatrician for a nominal amount five days into trial in a case involving allegations of failure to appropriately resuscitate an infant born with a brain bleed, resulting in the infant’s death.
  • Settled case on behalf of a neonatologist for a nominal amount five days into trial in a case involving allegations of failure to timely and appropriately diagnose and treat a child with Kawasaki’s Disease, resulting in permanent injuries.