Amanda leads the appellate team at FAVROS |Law, providing appellate representation in state and federal court to medical professionals and healthcare institutions. Amanda’s work helps ensure that favorable trial court decisions stand when challenged in the courts of appeals and supreme court, and seeks to overturn unfavorable, incorrect trial court rulings, in an effort to not only benefit individual clients but create pro-healthcare legal precedent. In addition to her appellate practice, Amanda has successfully defended Washington and Idaho healthcare providers in litigation, through licensing and disciplinary actions, and advises providers on unique risk management-related issues.

Amanda operates a remote office in Boise, Idaho.

Practice

• Idaho and Washington Medical Professional Liability Defense
• Appellate Representation in State and Federal Court
• Hospital Premises Liability
• Licensing and Disciplinary Actions
• Healthcare Risk Management

Representative Cases

• Affirmed defense trial verdict by obtaining appellate opinion upholding “exercise of judgment” and “no guarantee” jury instructions.
• Affirmed defense trial verdict by obtaining appellate opinion upholding directed verdict on informed consent and summary judgment dismissal of Consumer Protection Act claim.
• Affirmed summary judgment dismissal of lawsuit against physician on res judicata grounds.
• Affirmed trial court order dismissing medical malpractice lawsuit because plaintiff failed to provide expert testimony, could not rely on defendant’s “apology,” and failed to establish res ipsa loquitur.
• Affirmed dismissal of medical malpractice action on statute of limitations grounds, overcoming plaintiff’s argument that tolling applied.
• Achieved Court of Appeals’ reversal of DSHS administrative finding against nurse because Court of Appeals agreed that Review Judge failed to give due regard to ALJ’s opportunity to observe witnesses during administrative hearing.
• Successfully affirmed dismissal in Ninth Circuit of Eighth Amendment constitutional claims against jail physician based on plaintiff’s lack of adequate proof establishing deliberate indifference.
• Affirmed trial court order declaring plaintiff vexatious litigant and imposing pre-filing restrictions based on his pattern of abusive and frivolous litigation.
• Successfully affirmed dismissal in Court of Appeals of corporate negligence claims against small urology clinic on basis that corporate negligence did not apply to a non-hospital entity.
• Successfully affirmed dismissal in Court of Appeals of claims based on patient’s voluntary presentation to the emergency department based on Involuntary Treatment Act’s qualified immunity.
• Successfully affirmed summary judgment dismissal in Ninth Circuit Court of Appeals of Eighth Amendment deliberate indifference lawsuit against prison psychiatrist.
• Successfully affirmed dismissal in the Court of Appeals of an over 2,500 person class in a large class action lawsuit against a healthcare institution, convincing the Court of Appeals that these class members’ claims based on “fear of contracting a virus” from a notification letter that the healthcare institution sent to thousands in an abundance of caution should not, as a matter of law, constitute a cognizable claim based on the public policy of encouraging medical institutions to be open, transparent, and overinclusive in public health notifications.
• Successfully defeated a challenge in the Court of Appeals to legal precedent requiring a plaintiff claiming lost chance of a better outcome to produce expert medical testimony on the percentage lost chance that the plaintiff alleged the defendant’s actions caused, and defeated subsequent petition for supreme court review.
• Won appellate decision affirming summary judgment dismissal of hospital in premises liability action for lack of circumstantial evidence that hospital caused or had knowledge of dangerous condition on the premises.
• Obtained favorable appellate decision affirming summary judgment dismissal of a hospital due to plaintiff’s failure to produce adequate expert testimony, and defeated subsequent petition for supreme court review.
• Successfully defended appeal of corporation’s dismissal because corporation owed no duty as a health care provider under RCW 7.70.020, and defeated subsequent petition for supreme court review.
• Obtained favorable appellate decision affirming summary judgment dismissal of a hospital client on the statute of limitations in a medical negligence wrongful death lawsuit, and defeated subsequent petition for supreme court review.
• Defense verdict on behalf of an anesthesiologist in a lawsuit claiming negligent placement and management of an epidural catheter for postoperative pain control in a patient undergoing a large abdominal surgery for ovarian cancer.
• Defense verdict in alleged multi-million dollar medical malpractice action regarding failure to diagnose pituitary tumor and resultant acromegaly.
• Summary judgment dismissal of alleged delay in diagnosing lung cancer lawsuit in federal court based upon contested discovery rule statute of limitations analysis.

Education

• Seattle University School of Law, J.D., magna cum laude, 2012
• Saint Mary’s College of California, B.A.: Politics, Minor: French, summa cum laude, 2009
  

Admitted to Practice

• State of Idaho
• State of Washington
• United States District Court - District of Idaho
• United States District Court - Western District of Washington
• United States District Court - Eastern District of Washington
• United States Court of Appeals for the Ninth Circuit
• Supreme Court of the United States

Professional Experience

• Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane, PLLC, Principal, 2022 - Present
• Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane, PLLC, Associate, 2015 -2021
  
• Williams Kastner & Gibbs, PLLC, Associate, May 2013 to February 2015
  
• Anderton Law Office, Associate, November 2012 - April 2013
• Law Clerk, April 2011 - November 2012
• Ronald A. Peterson Law Clinic, Mental Health Court Rule 9 Intern, Summer 2011
  
• Aoki Sakamoto Grant, LLP, Law Clerk, Summer 2010
  

Professional Memberships

• Defense Research Institute, Appellate Advocacy and Medical Liability & Health Care Law committees
• Washington State Society of Healthcare Attorneys
• King County Bar Association
  
• Pierce County Bar Association
• Washington State Bar Association
  - Health Law Section Member
  - Litigation Section Member
• Idaho State Bar Association
  - Health Law Section Member
  - Litigation Section Member
• Idaho Women Lawyers Member

Publications & Presentations

• CommonSpirit Health, “Using Appellate Counsel Effectively” (Fall 2024)
• Washington State Society of Healthcare Attorneys Spring Conference, “Medical Malpractice Update 2023-2024” (Spring 2024)
• Washington State Society of Healthcare Attorneys Spring Conference, “Medical Malpractice Update 2021-2022” (Spring 2022)
• Washington Healthcare Risk Management Society 38^th Annual Conference, “Case Law Update 2021-2022” (Summer 2022)
• “Liability Implications and Recommendations for Telemedicine.” The Physicians Report, a Physicians Insurance & MedChoice RRG Publication, Fall 2021.
• “EPIC: Triumphs, Troubles, & Tasks,” Williams Kastner Risk Management Seminar, December 2014.
  

Community Involvement

• Water 1st International, Volunteer
  
• ‍Idaho Conservation League, Volunteer