Kerrie is a partner in the firm’s Morgantown, West Virginia office. After joining Bailey & Glasser in August 2007, Kerrie has expanded her practice locally and regionally to include medical malpractice cases, pursuing pharmaceutical companies in mass tort litigation involving various drugs and supplements, and litigating personal injuries, and construction law matters.
Kerrie has litigated hundreds of cases to resolution. Kerrie prides herself in learning and understanding her clients’ needs and expectations in order to shape them as to what can be accomplished under the law. She is an associate member of the American Association of Justice.
West Virginia, 2003
Summer Intern, Public Defender Corporation, Lewisburg, West Virginia, 2002
Law Clerk, West Virginia Senior Legal Aid, 2001-2002
Memberships and Affiliations
American Association of Justice
Monongalia County Bar Association
– President, 2009
– Vice-President, 2008
Phi Beta Kappa
MacCorkle, Lavender, Casey & Sweeney, PLLC, Morgantown, West Virginia, 2003-2007
U.S. District Court for the Northern District of West Virginia, 2003
U.S. District Court for the Southern District of West Virginia, 2003
Q: Let’s start out with a general overview of your practice. How do you describe to recruits or family what it is you do?
A: I specialize in medical malpractice and mass pharmaceutical litigation. I also have extensive experience in traumatic injury cases, products liability, and large-scale construction litigation.
Q: Did you ultimately find that your family background gave you an edge in handling medical malpractice cases?
A: On a very basic level, maybe. I think it helped that my parents raised us to just be inquisitive. They guided us toward the resources to find the information you’re looking for. My practice definitely requires a tremendous amount of research to tackle the varied and complex issues for each case.
Q: An inquisitive nature must be particularly helpful for a litigator. What other skills does that role require?
A: Litigators are driven by deadlines, detailed preparation and quick analysis. During depositions and trial, you must know the detailed facts of your case to apply them to the legal analysis presented. This type of work fits my skillset in that I am very organized, detail-oriented, and well-versed in my areas of practice. As litigators in the medical field, we have the basic foundation of the law, then we incorporate the medical knowledge surrounding the case. In a way, we’re dual professionals in that we learn the client’s profession as well as teaching our clients about the law while using it to protect their interests.”
Q: What cases are keeping you busy at the moment?
A: Primarily medical malpractice cases. We currently have a mass tort in Massachusetts that involves a dialysis product, GranuFlo, that the FDA determined had an increased risk of sudden death to patients. We have several hundred direct cases that we’re either pursuing before we file or are actively filed in the federal or state court actions. The litigation is still in the preliminary stages.
Q: Tell us a little about your move from MacCorkle Lavender to Bailey Glasser.
A: Two of the attorneys I worked with at MacCorkle Lavender left to form the Morgantown office of Bailey Glasser, and shortly after doing that, they asked me to join them. One of the reasons for the change was to expand my practice. I still work primarily in the northern part of West Virginia, but working with Bailey & Glasser, our practice has expanded regionally and nationally. My practice now gives us an opportunity to meet and work with other experienced lawyers across the nation.
Q: What do you like about your practice? What is professionally satisfying?
A: I enjoy learning about my clients and my opponents. Being a lawyer allows me to practice law but also offers me an apprenticeship as a patient, medical provider, pharmaceutical company, and contractor, which also opens my eyes to the various challenges those professionals experience professionally and personally.
Q: How long do your cases typically last?
A: My cases usually have a life of approximately two years. There is a balance of cases recently filed, those where depositions are under way, and several being teed up for trial. I work hard to press all my cases toward trial, which often produces favorable results for my clients. My clients do not want their lives to be centered on litigation like mine is daily, so I press for results as soon as possible.
Q: Did you always know you wanted to become a lawyer?
A: Not exactly. In college, I majored in Public Administration. I wanted to be the head of a non-profit organization, a place with the purpose of helping people, helping a cause. By the time I finished college with a degree in political science and minor in psychology, I wanted a more analytical focus, so I decided to take a different direction.
Q: What do you wish you had known or done differently in school? Or, put another way, do you have advice now for current law school students?
A: Read for pleasure. It’s fulfilling and gives a person an intellectual edge which I think is beneficial in litigation, particularly where a good analogy will help you to identify with a jury.
Q: What has been your most interesting experience as an attorney?
A: While primarily focused on medical malpractice, I did have a construction case. I represented a homeowners association against numerous contractors, subcontractors and developers in litigation involving construction that occurred in 2006.
We started out in circuit court, moved to the state Supreme Court of Appeals, which then transferred us to the Mass Litigation Panel, a unique avenue in West Virginia to litigate a large number of cases all at once in a consolidated process similar to mass torts.
We didn’t envision that it would apply to this because there was only one plaintiff, and the system usually requires more than one plaintiff to go that venue. But through that process, we ended up representing more than 300 plaintiffs and managing a lot of discovery in about a two-month period to bring all those people up to speed. That was eye-opening, but it was challenging and rewarding at the same time.