Kelley, James (Jay) M. III

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Address: 6105 Parkland Boulevard Suite 200, Mayfield Heights, OH 44124
Lawyer Firm: Elk & Elk Co., Ltd.
Phone: 440-442-6677
Fax: 877-355-1355

Areas of Practice Personal Injury

Jay, a partner at Elk & Elk since 2011, focuses on civil trial work in state and federal courts in matters of medical negligence and wrongful death arising from birth injury, surgery; oncological, cardiac and pharmaceutical product liability causes. Jay has presented more than 70 cases to jury, including: felony prosecution, criminal defense, civil defense and civil plaintiff cases. He has been lead counsel on cases in more than 30 Ohio counties, appellate courts and the Supreme Court of Ohio.

Jay was included in the 22nd and 23rd Edition of The Best Lawyers in America® for Medical Malpractice Law and Personal Injury Litigation.

Jay has been recognized as an "Ohio Super Lawyer" for six consecutive years, maintains the highest AVVO rating and received a 5.0/5.0 AV Preeminent Martindale-Hubbell® Peer Review Rating™ by members of the Bar and Judiciary for his legal ability and professional ethical standards. He has been named to the Top Five in Cleveland by Super Lawyers from 2012-2015, Top Ten Ohio Super Lawyer’s list from 2011-2015 by Cincinnati and Columbus Super Lawyers magazines, Top 100 Ohio Super Lawyers from 2010-2017 and Top 50 lawyers in Cleveland by Super Lawyers for 2009, 2012, 2013, 2014, 2015, 2016, 2017. Jay is a past member of the board of trustees for Ohio Association of Justice and currently serves on Board of Trustees for The Cleveland Academy of Trial Attorneys. Nationally, he’s a member of the American Association of Justice’s “Leadership Forum.”

Jay speaks internationally to medical and legal groups on the issue of birth injury and medical liability. In 2008, Jay was reviewer for a fetal monitoring textbook used by physicians around the country on the issue of liability for birth injuries. Jay has a chapter published in the 6th edition of Comprehensive Gynecology, Medical Legal Issues (2011) and in the 7th edition of Comprehensive Gynecology, Medical-Legal Risk Management (2017.) The respect of the medical community provides access to leading experts and optimal results.

When Jay isn’t working, he enjoys spending time with his family, watching his kids play sports and attending various other sporting events.

Read more about Attorney Jay Kelley of Elk & Elk Co., Ltd.

Settlements and Verdicts

$10 Million Verdict Claim arising from Spinal surgery to correct Scoliosis, 2004. Lucas County. Case resolved pending appeal and post-trial motions.

$9.88 Million Verdict Birth injury claim. (Portage County Record), 2006. Portage County. Case resolved pending appeal and post-trial motions.

$9.75 Million Neonatal brain injury settlement. Specific terms confidential.

$7.3 Million Surgical complication resulting in global brain injury.

$6 Million Patient was administered a paralytic agent negligently resulting in an arrest and death while in the ICU, 2003, Federal Court resolutions.

$5,055,000 Plaintiff suffered an anoxic brain injury in the recovery room from a combination of Morphine, Valium and airway risk factors, 2009. Montgomery County verdict. Verdict reduced to comport with Ohio laws and damage caps. Case settled during post-trial motions with one defendant. Judgement remains versus the other.

$5.4 Million Mismanagement of Labor resulting in HIE/ CP in newborn. Settlement among multiple parties.

$5.3 Million Mismanagement of intrapartum care of twins, results in Twin “A” suffering Hypoxic Ischemic Encephalopathy, 2008, settlement.

$4.75 Million Failure to appropriately respond to changes on fetal tracing resulting in HIE / CP in newborn.

$4.5 Million Result for Labor and delivery claim resulting in hypoxic injury, 2011

$4.1 Million Cerebral palsy case.

$3.9 Million Mismanagement of Labor and delivery, including a failure to recognize warning signs on Fetal Tracings resulting in Neurologic Injury (CP) to the infant, 2007

$3.5 Million Resolution for 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 case, pregnant female.

$3.3 Million Neonatal injury following PEG tube placement.

$3 Million Man burned over arms, legs and torso from explosion

$2.5 Million Verdict Mismanagement of preterm labor resulting in a stillbirth, 2006. Miami County, Ohio. Case resolved at insurance limits post verdict.

$2.4 Million Death of mother secondary to hemorrhage following delivery.

$2 Million Maternal death, multiple defendants. Failure to timely respond to postpartum arrest.

$1.9 Million Settlement Neurologic injury secondary to epidural creating subdural hematoma.

$1.8 Million Botched sinus surgery resulting in neurological issues.

$1.5 Million Result for surgical error, 2011.

$1.5 Million Resolution for herniated disks following accident with city truck.

$1.5 Million Delay in diagnosing breast cancer.

$1 Million Failure to diagnose prostate cancer – resulted in cancer progressing to Stage IV by diagnosis.

$1.1 Million Delay in Diagnosis and Treatment of Tongue Cancer Case.

Amount Confidential New Jersey Pro Hac Vice with co-counsel, Louis DeVoto, wrongful death of 21 year-old female who arrested secondary to pyelonephritis. Code blue was issue in case.

Settlement Amount Withheld 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.

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