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Medical Malpractice

"Combating Abusive Arbitration Clauses in Nursing Home Contracts"

Two-thirds of Medical Malpractice Claims End in No Payout

Why your loved one may receive substandard care in a nursing home

Insurance Claims

Private insurers mishandling medicare claims

CNA Insurance Loses ERISA Case - Judgment Order

UnumProvident Settles ERISA Case

Order Granting Attorneys Fees and Costs in ERISA case

Personal Injury

See Fourth Circuit Order Awarding Attorney's Fees and Costs in Civil Rights Action

Verdict - Doris DeGracia Jury Trial in Jefferson County, West Virginia

Judgment entered by Judge Sanders following jury trial of Doris Degracia in the Circuit Court of Jefferson County, West Virginia

Census of Fatal Occupational Injuries

Enforceability of liens for hospital treatment where injured party is eligible for Medicaid to Medicare

Employment Law

Former Executive Director of the Jefferson County Parks and Recreation Commission files lawsuit over wrongful discharge in violation of Open Governmental Proceeding Act and West Virginia Human Rights Law

Admissibility of electronic evidence in employment cases

Article concerning the ability to contact an employee of an adverse corporation in civil litigation.

Fourth Circuit decision overturning summary judgment in an age discrimination suit.

Technical Assistance Manual providing disability discrimination information pertinent to the ADA

General

Verdict Form - $162,000 verdict in rear end collision case tried in Circuit Court of Jefferson County, West Virginia

Civil Rights Complaint filed for Racial Profiling Arrest by Charles Town, West Virginia Police

Cyberbullying- Identification, Prevention, and Response

The Lawyer's Role by Joe Jamail

Hearing Examiner's Decision in Funkhouser Case

List All Members | General:

Harry P. Waddell

The Law Offices of Harry Waddell
300 West Martin Street
Martinsburg, West Virginia 25401
304 263 4988

For over twenty-five years, I have focused my legal practice in the area of civil litigation, with an emphasis on personal injury, medical negligence and employment discrimination. AREAS OF CONCENTRATION Personal Injury I represent people injured in trucking and automobile accidents. Insurance Claims I represent people whose insurance claims have been unfairly denied or who have otherwise been treated in bad faith by their insurance companies. Medical Negligence I represent individuals in civil actions involving claims of professional negligence including: • Medical negligence claims against hospitals and physicians; • Nursing malpractice claims; • Nursing home malpractice claims; Employment Law I represent employees in civil actions involving: • Employment discrimination claims of race, gender, age and disability in state and federal courts • Representing clients before the Equal Employment Opportunity Commission; and • Handling cases of employment discrimination before the West Virginia Human Rights Commission. Civil Rights I prosecute civil rights claims against public agencies in state and federal court including: • Claims against municipal, county and state law enforcement agencies; • Claims against county, regional and state correctional facilities; • Claims against county boards of education and state colleges and universities; and • Claims against municipal, county and state public officials in their executive, legislative and judicial capacities. PROFESSIONAL ASSOCIATIONS I have been a member of Harrison County Chamber of Commerce, a member of the Harrison County Bar Association, the Kanawha County Bar Association, and the Berkeley County Bar Association. I am a member of the American Association for Justice (AAJ) and the West Virginia Association for Justice (WVAAJ). I am also a member of the National Employment Lawyers Association (NELA) and the West Virginia Employment Lawyers Association (WVELA). I was born in Washington, D.C. and raised in Northern Virginia and East Asia. I graduated from Hong Kong International School in 1968 and attended Cornell University prior to volunteering to serve in the United States Army in 1970. After my discharge from military service, I finished my undergraduate education at George Mason University. I joined the Central Intelligence Agency in 1974 where I served as a case officer in the Directorate of Operations. I left the CIA in 1978 to attend law school at the College of William and Mary. Upon graduation I joined the West Virginia law firm of Steptoe & Johnson as a trial attorney working in the areas of insurance defense, medical malpractice and employment law. I left the firm in 1995 to open my own law practice in Martinsburg, West Virginia. Since 1995 I have represented the rights of injured individuals against insurance companies and corporations. I assist patients who have been the victims of negligence at the hands of doctors and hospitals. I also assist employees who have been wrongfully discharged or unlawfully discriminated against by their employers. I have been married to my wife, Barbara, a school psychologist, for seventeen years and have a son, Jack , who is in his second year at the University of Pittsburgh.

Publications:

Five Deadly Sins That Can Wreck Your West Virginia Accident Case I've Just Been Fired, Do I Have a Case Why Most Medical Malpractice Cases Are Lost Before The Victim Reaches The Courthouse Door

Bar Admissions:

West Virginia and Maryland

Court Admissions:

United States Supreme Court Fourth Circuit Court of Appeals United States District Court for the Northern District of West Virginia United States District Court for the Southern District of West Virginia United States District Court of Maryland Supreme Court of Appeals of West Virginia

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Insurance Claims

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The Law Offices of Harry Waddell
300 West Martin Street
Martinsburg, WV 25401
Phone: (304) 263-4988
Fax: (304) 262-2498
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Case Results

Medical Malpractice

$350,000 settlement for failure to diagnose breast cancer

Awarded: $350,000

$70,000 Settlement for Third Degree Burn to Foot During Wart Removal Procedure

Awarded: $70,000

$80,000 Settlement for Fall at Nursing Home Resulting in Facial Fracture

Awarded: $80,000

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Insurance Claims

Liberty Mutual pays client $40,000 for malicious prosecution claim

Awarded: $40,000

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Personal Injury

Trial in the Circuit Court of Jefferson County West Virginia results in verdict of $162,000 for woman rear ended in car wreck

Awarded: $162,000

Trial in Circuit Court of Berkeley County, West Virginia results in verdict of $123,000 for young woman rear-ended in collision

Awarded: $123,000

City of Martinsburg pays $100,000 to a woman who fractured lower back as a result of a fall in her basement following sewer back up.

Awarded: $100,000

$50,000 settlement for slip and fall at grocery store

Awarded: $50,000

$32,500 for slip and fall injury

Awarded: $32,500

More

Employment Law

185,000 Settlement in Employment Discrimination Suit

Awarded: $185,000

$150,000 settlement of sexual harassment, retaliation and wrongful termination lawsuit

$85,000 Settlement for sexual harassment

Awarded: $85,000

$85,000 Verdict for racial harassment

Awarded: $85,000

$150,000 Settlement in wrongful termination case brought by store manager

Awarded: $150,000

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Federal Civil Rights 42 USC Section 1983

First Amendment Civil Rights Retalaition Claim Won by West Virginia School Superintendent

Awarded: $450,000

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Other

$375,000 Defamation Verdict for Former State Bar President

Loss of Eye in Construction Accident

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