For over two decades, Damian Fletcher has focused his practice on a broad range of litigation providing the highest caliber of legal representation.
Mr. Fletcher has gained the utmost respect of his peers and is an engaged advocate, advisor, educator, and industry leader. In addition, he has been awarded the AV Preeminent® Rating by Martindale-Hubbell for ethics and legal ability.
Notable Trial Experience:
- Glenn v. Regan, M.D.: Mr. Fletcher obtained a judgment in favor of defendant on all claims in a case involving medical malpractice, medical battery, intentional infliction of emotional distress, fraudulent misrepresentation, breach of fiduciary duty, and lack of informed consent. Plaintiff contended defendant lied to her about being a good candidate for a new type of artificial spinal disc which, after it was implanted during a spinal fusion, causing debilitating pain and total physical and mental disability. Plaintiff claimed she was not an appropriate candidate for the surgery because the disc was not approved by the FDA in patients with the plaintiff’s history, the consent forms she signed were invalid, and defendant failed to inform her he had a financial interest in the new technology, therefore committing a battery on her.
- Etienne v. Walgreen Co.: Mr. Fletcher obtained a defense verdict case in case where it was alleged a store manager falsely accused the plaintiff of shoplifting causing her false arrest through racial profiling and violating corporate policies and procedures. At trial, plaintiff alleged the accusation was motivated by race because no store property was found on the plaintiff or the plaintiff’s companion. The defense conceded some corporate policies and procedures were violated. Case was assigned only a few weeks after trial.
- Wallace v. Walgreen Co.: After several years of litigation, this premises liability case was reassigned prior to trial. Plaintiff slipped and fell allegedly rupturing spinal discs leading to hundreds of thousands of dollars in medical treatment. The jury rendered a verdict in favor of the defendant and the court awarded the defendant $250,000 legal fees pursuant to an offer of settlement years earlier.
- Maksad v. Kaskel, M.D.: Defense verdict in a medical malpractice case brought by a retired surgeon who claimed the defendants, including a hospital, failed to diagnose or refer him to an appropriate specialist for a vascular occlusion in his leg leading to amputation after a failed embolectomy.