News & Results

After 39 years of practice with the Firm, D. Lee Rutland, Esq. has stepped down as managing shareholder and has retired from the practice of law.  A Fellow of the American College of Trial Lawyers and a perennial AV-Rated Preeminent Attorney, Lee's expertise, professionalism, and cordial demeanor were appreciated by all.  We congratulate Lee on an exemplary career in law!

We are happy to announce that our colleague Daniel C. Costello, Esq. has been unanimously elected as the new Managing Shareholder of the Firm.  Congratulations Dan!

Congratulations to Daniel C. Costello, Robert D. Klein, D. Lee Rutland, and Michael T. Wharton on their inclusion in the list of 2025 AV Preeminent Attorneys - Judicial Edition! This is Martindale-Hubbell's highest possible rating in legal ability and ethical standards.

Defense verdict in a Delaware brain surgery case where the plaintiff allegedly suffered a stroke as a result of negligent aneurysm clipping by the neurosurgeon.

Additionally, dismissal of a case where Plaintiff alleged that the doctor failed to timely intervene in an aortic dissection, leading to the patient’s demise.

Wharton Levin is pleased to announce its newest Virginia associate, Mary Grace Godfrey! Mary Grace's practice concentrates on medical malpractice defense and appellate litigation. She represents physicians, hospitals, nurses and health care facilities at the trial and appellate level in cases alleging medical negligence.

Defense verdict in the Circuit Court for Fairfax County, Virginia in favor of an interventional cardiologist who allegedly caused a dissection in  the left main artery during cardiac catheterization, leading to multiple subsequent surgeries and stroke. The 54 year old Plaintiff claimed $736,000 in medical bills and loss of earnings of approximately $150,000 per year.

We are proud to announce and celebrate Wharton Levin’s 40th anniversary.

Founded in 1984, the firm’s longevity is a testament to the skill, diligence, and professionalism of its legal team.  With offices in Delaware, Maryland, and Virginia, Wharton Levin continues to offer a broad range of litigation and professional-oriented legal services, particularly in its representation of healthcare professionals, hospitals, product manufacturers, and other business entities in cases involving alleged medical malpractice, professional licensing, products liability, toxic tort liability, and other civil matters.  Wharton Levin is committed to continuing its tradition of legal excellence and client service for years to come. 

Congratulations to Lee Rutland, Dan Costello, Michelle Mitchell, Stephen Altman, and Paul Walkinshaw on their recent inclusion in the 31st edition of The Best Lawyers in America® in the area of Medical Malpractice Law for Defendants!

Congratulations to Dan Costello and Tim Fisher on their recent victory in the Superior Court of the District of Columbia! The estate of the patient sought $2.5 million in a lawsuit against the defendant physician claiming she was negligent. The patient unexpectedly woke up during cataract surgery, leading to a severe, tragic, and unfortunate result. The defendant physician – a caring, competent, and credible surgeon – took reasonable steps in managing the entire event. The diligent efforts and legal expertise of Dan and Tim were pivotal in securing this favorable result for their client.

This victory underscores the importance of legal representation and expertise in navigating intricate medical malpractice cases. The trial attorneys at Wharton Levin remain committed to delivering exceptional legal representation of physicians, hospitals, nurses, and health care facilities.

We are pleased to announce the addition of Branch Taylor and Diane Uhl to our team of trial attorneys! Their addition further strengthens our firm's commitment to providing exceptional legal services to our clients. With a combined 60 years of trial experience, Branch and Diane bring a wealth of expertise to the firm. Their impressive track records and dedication to delivering high-quality legal representation to healthcare providers align perfectly with the firm’s values and mission.

With the addition of Branch and Diane, the firm is well-positioned to meet the diverse needs of its clients. We are excited about the opportunities for growth and success that this expansion brings, and we look forward to the valuable contributions that Branch and Diane will make to our team. Their addition reinforces the firm’s position as a trusted and reliable legal partner for individuals and businesses seeking outstanding legal representation.

The Town of Chesapeake Beach, Maryland, has appointed D. Lee Rutland as Legal Counsel for the Ethics Commission.

Defense verdict in a wrongful death case in the Circuit Court for Fairfax County, VA against two cardiologists. Plaintiff alleged the Defendants failed to diagnose unstable angina and prescribe therapeutic Lovenox while the patient awaited a stent procedure for a 75% stenosis of his left main coronary artery.

Wharton Levin is proud to announce the recent hiring of our newest associates, Logan Blake and Zoe Plerhoples! Both attorneys are a great addition to our team of trial attorneys. Logan and Zoe represent physicians, hospitals, nurses and health care facilities at the trial and appellate level in cases alleging medical negligence. 

Congratulations to Lee Rutland, Esq., on his inclusion in the list of 2024 AV Preeminent Attorneys - Judicial Edition! This is Martindale-Hubbell's highest possible rating in legal ability and ethical standards. 

In January 2024, LexisNexis / Michie Publishing released the brand new Fourth Edition of Robert Dale Klein’s (“Of Counsel”) popular two-volume treatise, “Maryland Civil Procedure Forms & Practice,” which has been in continuous print for forty years. Available for purchase here.

Congratulations to Lee Rutland, Michael Wharton, Michelle Mitchell, David Roling, Tim Fisher, and Robert Klein on their selection to the 2024 list of Maryland Super Lawyers, as well as to Paul Walkinshaw who was selected to the 2024 list of Virginia Super Lawyers! Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com. 

Congratulations to Phillip Casale on his recent election as our newest Shareholder!

Wharton Levin is pleased to announce its newest Virginia associate, Kate Ryland! Kate's practice concentrates on medical malpractice defense and appellate litigation. She represents physicians, hospitals, nurses and health care facilities at the trial and appellate level in cases alleging medical negligence.

Defense verdict in New Castle County, Delaware, in a surgical malpractice case against a spinal surgeon, involving allegations of negligent performance of anterior cervical discectomy and fusion procedures resulting in paralysis and complex ongoing physical limitations. Due to the unexpected nature of the complications during the procedure the Defense successfully argued an uncommon but likely perfusion syndrome caused this outcome.

Defense verdict in New Castle County, Delaware, in a case against a regional obstetrics practice in a wrongful death claim involving allegations of a failure to detect and react to signs of fetal distress prior to delivery. The successful defense involved coordinating between hospital, NICU, and individual providers to demonstrate the Plaintiffs’ theory was incompatible with clinical and physiologic processes involved during and after delivery.

We are pleased to announce that Best Law Firms^® assigned Tier 1 ranking to Wharton Levin for Medical Malpractice Law - Defendants and Personal Injury Litigation - Defendants in Washington, D.C., and Virginia! Visit bestlawfirms.com for more information.

Wharton Levin is proud to announce that it has been named in the 2024 Best Law Firms® rankings!  

Visit: www.bestlawfirms.com 

Congratulations to Paul Walkinshaw on his recent selection to the 2024 Best Lawyers, Medical Malpractice-Defense! 

Defense verdict on behalf of cardiologist in Prince George’s County Circuit Court in a wrongful death action involving a 19-year-old basketball player who collapsed on the court and died, having been cleared by the cardiologist after a similar syncopal episode the year prior.

Congratulations to Lee Rutland! He has been named the 2024 "Lawyer of the Year" for Medical Malpractice Law - Defendants in Annapolis by Best Lawyers.

Wharton Levin is proud to announce that Lee Rutland, Daniel Costello, and Michael Wiggins were recently selected by their peers for inclusion in the 30^th edition of The Best Lawyers in America®  in the field of Medical Malpractice Law.

Defense verdict in Fairfax County, VA, in a case involving allegations that a pain management physician negligently performed PRP injections, resulting in thoracic outlet syndrome and occipital neuralgia.

Michael Wiggins has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.

The induction ceremony at which Mr. Wiggins became a Fellow took place recently before an audience of approximately 525 during the recent Spring Meeting of the College in Key Biscayne, Florida.

Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada and Puerto Rico. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.

Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently approximately 5,800 members in the United States, Canada and Puerto Rico, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascended to the bench after their induction) and Honorary Fellows. The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

Mr. Wiggins is a Shareholder with the Firm and has been practicing for 29 years. He is an alumnus of the University of Baltimore School of Law.

Summary judgment obtained in favor of D.C. Hospital in a case involving allegations of negligent and aggressive insertion of an IV catheter resulting in permanent nerve damage and disability in the right arm.

Congratulations to Tim Fisher who was recently elected to membership with the Maryland chapter of the American Board of Trial Advocates. ABOTA is an invitation-only organization. Members must have at least five years of active experience as trial lawyers, have tried at least 10 civil jury trials to conclusion and possess additional litigation experience. Members must also exhibit the virtues of civility, integrity and professionalism by following its Code of Professionalism and Principles of Civility. For more information about ABOTA, please visit the website abota.org. 

Defense verdict in Montgomery County in a case against a cardiac electrophysiologist alleging negligent failure to inform the plaintiff regarding a potential prophylactic lead revision procedure of her ICD’s lead wires which were under an advisory, resulting in the patient experiencing twenty-one inappropriate discharges to her heart.

Robert Dale Klein (“of counsel”) has released the 38th annual supplement of his highly popular two-volume treatise, Maryland Civil Procedure Forms with Practice Commentary (published by Matthew Bender & Company).

Successfully persuaded the Virginia Court of Appeals that a misdiagnosis could not serve as the basis for a claim of lack of informed consent.  An interventional neuroradiologist was found liable on the basis of negligence and/or lack of informed consent for recommending surgery on an aneurysm that he believed previously ruptured, and thus, was at high risk for re-rupture. The Court of Appeals found that his conclusion that the aneurysm previously ruptured, and the failure to inform the patient that the aneurysm may not have previously ruptured, was not an appropriate basis for a lack of informed consent claim. 

Congratulations to Jim Drnec for his recent inclusion in DelawareToday Top Lawyers of 2022 for Medical Malpractice Defense!

Defense verdict in New Castle County Superior Court where a patient claimed a critical care surgeon caused a stomach perforation during placement of gastrostomy, and subsequent injury to the superior mesenteric artery during the repair of the perforation, ultimately leading to bowel ischemia, necrosis, and death. 

Defense verdict in Baltimore City after a two-week wrongful death trial. An Internal medicine physician was found not liable for allegedly failing to diagnose a dislodged and infected PEG tube in a post-stroke patient, which Plaintiffs claimed led to her death.

Congratulations to Steve Altman who was just included in the “Top Lawyers Hall of Fame” in the September 2022 issue of Washingtonian Magazine! To be included, a lawyer must be named at least 10 out of the past 15 years to Washingtonian Magazine’s “Top Lawyer” list. 

Defense verdict in Kent County, Delaware, after an 8-day wrongful death trial. Hospital system, along with two emergency medicine providers, found not liable for allegedly failing to diagnose and treat a patient with an IVC filter complication which caused a lacerated aorta and death within 24 hours of being discharged from the emergency department.

Defense verdict in Prince George’s County on behalf of a vascular surgeon where it was alleged that the surgeon negligently repaired an AVF resulting in a femoral artery injury requiring transfer and subsequent surgeries. The Plaintiff also claimed that the providers failed to appropriately manage the patients wound vac requiring additional wound repair surgeries.

Defense verdict in the District of Columbia on behalf of an orthopaedic spine surgeon. The Plaintiff alleged the Defendant failed to recommend and perform further cervical spine surgery within weeks following an initial anterior cervical diskectomy and fusion that was complicated by a C5 palsy. The Plaintiff also alleged that this delay resulted in permanent right upper extremity weakness.

After an 8 day trial, defense verdict in Fairfax County, Virginia, for a pain management physician alleged to have injected cement outside of the sacrum during a sacroplasty resulting in an L5 nerve root injury, drop foot and chronic pain.

Defense verdict in Fairfax County, Virginia, in a case in which the jury found that a cardiologist was entitled to statutory immunity. Plaintiff alleged that the cardiologist was liable for plaintiff’s death because she failed to review and act on the results of a chest x-ray revealing a lung mass, which led to an alleged delayed diagnosis of lung cancer. The defense successfully argued that she was entitled to statutory immunity because she was not aware that the chest x-ray was ordered, nor did she assume responsibility to review or act on the results.

Best Lawyers and U.S. News & World Report announce the selection of Wharton Levin Ehrmantraut & Klein in the 2022 Edition of "Best Law Firms" as a First-Tier firm in Virginia.

December 2021