Thomas H. Fain

After a 40 plus year career as a trial lawyer, Tom has retired from his trial practice, but continues to consult with professionals in disciplinary disputes, and is available for consultation on other types of litigation. Tom has been elected by his peers into the American College of Trial Lawyers and the American Board of Trial Advocates. Tom’s practice emphasized product and professional liability. He has represented hundreds of health care professionals over the years, and tried their cases before civil juries and professional disciplinary boards. Tom has worked closely with corporate counsel in representing some of the largest U.S. and foreign manufacturers of agricultural products, manufactured housing, consumer goods and industrial equipment with respect to claims brought in the Western United States. His other trial activities have included legal malpractice, contract claims, workers compensation jury appeals, construction, guardianship fraud, bankruptcy fraud and insurance fraud.

Practice

‍Medical Professional Liability Defense
Licensing and Disciplinary Actions
Products Liability
Business Litigation

Representative Cases

‍Fain v Chapman, 89 Wn.2d 48
Jeffries v Clark’s Restaurant Enterprises, Inc., 20 Wn. App. 428
Ohler v Tacoma General Hospital, 92 Wn.2d 507
Roth v Bell, 24 Wn. App. 92
DeHaven v Gant, 42 Wn. App. 666
Gustav v Seattle Urological Associates, 90 Wn.App. 785
Silves v King, 93 Wn.App. 873
Fireman's Fund Insurance Co. v. Puget Sound Escrow Closers, Inc., 96 Wn. App. 227, 979 P.2d 872

Education

University of Texas at Austin School of Law, J.D., with honors, 1976
Order of the Coif, Phi Delta Phi
Southern Methodist University, B.B.A., 1969
Double Major: Economics and Finance

Admitted to Practice

‍Washington State Bar
United States District Court - Western District of Washington, Western District of Texas, District of Idaho
United States Court of Appeals - Eighth, Ninth and Tenth Circuits
Pro Hac Vice Admissions: Montana, Hawaii, Wyoming, Arizona, Colorado, Texas, South Dakota

Professional Experience

Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane PLLC, Of Counsel 2019 - Present
Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane PLLC, Principal / Owner, 2015 - 2018
Fain Anderson VanDerhoef PLLC, Member, 1997 to 2015
Williams, Kastner & Gibbs, PLLC, Attorney, 1976-1982, Partner – 1983 to 1997
Shell Chemical Co., Accountant and Senior Analyst, Financial Reporting and Computer Programming, 1970 to 1973

Professional Memberships

American College of Trial Lawyers
American Board of Trial Advocates
American Bar Association
- Trial Torts & Insurance Practice Section (TIPS)
Defense Research Institute
Washington Defense Trial Lawyers Association

Publications & Presentations

Tom has presented to more than 30 legal, healthcare and other trade organizations over the years on a variety of topics, including:

Successful Medical Malpractice Suits
Informed Consent
Masters in Trial
Telling Your Story as a Witness
When Trouble Occurs: Some Legal Issues for Physicians
Responding to Unanticipated Outcomes
Expert Witness Testimony and the Litigation Process
Ethical & Malpractice Issues in Forensic Work
Protecting Your Practice and Your License
Health Insurers’ “Fraud and Abuse” Enforcement
Trying Big Tort Cases
Emerging Issues In HMO Tort Liability
Limiting the Expert Witness: Before Judge and Jury
Common Issues in Claim Investigation
Punitive Damages from the Jury's Perspective
Problems and Pitfalls in Litigation Involving a Foreign Party
Product Liability Law in Washington
Health Law: An Overview of Issues Affecting Providers
Risk Management: Staying Out of Trouble
Liability Issues for Primary Care Practitioners
Comments on Expert Witnesses in Toxic Tort Litigation

Honors & Awards

‍American Board of Trial Advocates – Masters in Trial Award (National, 2011)
Tom has served by invitation as Director of the ABA/TIPS National Trial Academy in Reno, NV, Chair of the WSBA Multidisciplinary Task Force, and Chair of the ABA/TIPS Products Liability Committee
Named a Super Lawyer by Washington Super Lawyers every year since 2003, and in Top 100 in years 2008, 2011, 2012, 2013

Thomas H. Fain

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