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John Birath is a partner practicing in the litigation department of Bricker & Eckler LLP. He has a general civil litigation practice, including both commercial and tort litigation, with an emphasis on professional liability, including medical malpractice, personal injury and wrongful death.
Representative Experience
Representation of hospital in over 100 personal injury and wrongful death lawsuits brought by patients involved in overradiation misadventure, with resolution of lawsuits within insurance coverage limits
Trial counsel for coalition of rural, suburban and urban public school districts in successfully challenging constitutionality of Ohio's system of financing public primary and secondary education; system declared unconstitutional in landmark case of DeRolph v. Ohio (1997), 78 Ohio St. 3d 193
Trial counsel for nine hospitals in class action by personal injury plaintiffs and plaintiffs' counsel against hospitals and copy service companies, challenging cost of copies of hospital records, and asserting claims under the Consumer Sales Practices Act, Workers Compensation Act and Medical Records Act
Trial counsel for Ohio judges in federal court proceeding attacking campaign spending limitations enacted by the Ohio Supreme Court - prevailed in Federal District Court, and Sixth Circuit Court of Appeals
Trial counsel for hospital in federal court action by former physician for damages alleged to have been incurred in dismissal of physician from staff
Frequent lecturer at medical and legal seminars on topics including professional liability, liability of hospitals and other health care entities, Ohio tort reform, risk management, and trial practice
Community and Professional Activities
Member, Columbus, Ohio State and American Bar Associations
Member, Defense Research Institute
Member, Association of Trial Lawyers of America
Member, Ohio Association of Civil Trial Attorneys
Awards & Recognition
Listed, Best Lawyers in America (Medical Malpractice; Personal Injury Litigation) 2006-2008
Education
Miami University (B.A. 1968)
Washington University (J.D. 1971); Editor-in-Chief, Urban Law Annual (1970-71).
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