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Jennifer M. Smitrovich

Jennifer is licensed in State and Federal courts in both Washington and Oregon. Jennifer’s practice includes all phases of healthcare law and litigation. Jennifer provides full range legal advice and litigation support to hospitals, clinics, medical providers and insurers regarding medical malpractice, employment, credentialing, bylaws, policies and procedures, employment contracts, risk management and civil litigation. Jennifer has tried many jury trials to favorable results, including as first chair and co-counsel. She also has extensive arbitration and private trial experience.


  • Medical Professional Liability
  • Employment Litigation
  • Personal Injury Defense
  • Professional Liability Defense


  • Pennsylvania State Dickinson School of Law, J.D. received 2005
    - Merit Scholarship Recipient
    - Environmental Law Review
  • Pennsylvania State University, 2002, B.A. Psychology
    - Psi Chi Honor Society

Admitted to Practice

  • Washington State
  • All Washington Federal Courts
  • Oregon State
  • ‍United States District Court – Oregon

Professional Experience

  • Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane, Principal/Owner, 2019 - present
  • Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane, Principal, 2016 - 2018
  • McCormick Barstow, LLP, Partner, 2014 - 2016
  • Scheer & Zehnder, LLP, Senior Associate Attorney, 2009 – 2014

Professional Memberships

  • Washington State Bar Association
  • Oregon State Bar Association
  • Washington Defense Trial Lawyers
  • Washington Women’s Lawyers
  • King County Bar Association
  • Washington Health Care Risk Management Society

Representative Cases

  • Completed a one-month medical malpractice wrongful death trial, representing a vascular surgeon, involving a graft that perforated the small intestine during a bypass procedure. Plaintiffs’ counsel asked the jury to award $9.6 million. After one hour of deliberation, the jury rendered a defense verdict.
  • Defense verdict in a professional negligence case, where plaintiff claimed that our client, the security contractor, failed to prevent a former VA employee from shooting another employee at a VA building in Clark County. Plaintiff asked for $8 million.
  • Defense verdict on behalf of a plastic surgeon, in a medical malpractice case tried in King County.  The plaintiff alleged that the surgeon negligently left a piece of sterile gauze in her breast following a breast augmentation surgery and that the gauze caused capsular contracture and resulting injuries.  The defense admitted a standard of care violation but disputed causation and damages.  Following a two week trial, the jury rendered a defense verdict and found that the gauze did not cause any injuries and was an incidental finding.
  • On June 26, 2018, Jennifer Smitrovich and Eron Cannon, as counsel for a security contractor, obtained a defense verdict in a professional negligence case, where plaintiff claimed the security contractor failed to prevent a former VA employee from shooting another VA employee at a Clark County building.  The jury found that the security contractor was not negligent.
  • Obtained a summary dismissal of all extra-contractual claims in Jelinek v. ANPAC. The lawsuit claimed that ANPAC acted in bad faith, violated Washington’s Insurance Fair Conduct Act, and violated Washington’s Consumer Protection Act by failing to tender its UIM policy limits following a motor vehicle accident in which the plaintiff allegedly suffered a traumatic brain injury. U.S. District Court Judge Richard A. Jones dismissed the plaintiff’s extra-contractual claims on summary judgment, however, finding that ANPAC’s claim handling and offers to settle were reasonable and that ANPAC had ample justification for not tendering its policy limits.

Honors & Awards

  • Selected as a “Super Lawyer” 2021 - Present by Washington Super Lawyers
  • Super Lawyers, Rising Star, 2015

Community Involvement

  • Washington Women Lawyers, Executive Committee, 2011, 2012, 2014
  • Housing Justice Project, Volunteer Attorney, 2007 - present

Jennifer M. Smitrovich