Brendan H. Fitzpatrick
- Direct — 443.615.7513
- Fax — 443.615.7599
Brendan H. Fitzpatrick defends entities involved in toxic tort, product liability, and environmental litigation. He has represented a variety of clients, including equipment and product manufacturers, distributors, suppliers, contractors, and premises owners in claims in federal and state courts. He writes frequently about asbestos litigation for Goldberg Segalla's award-winning Asbestos Case Tracker, which was recently named to the ABA Journal's prestigious Blawg 100 and named the Best Litigation Blog for 2016 by the Expert Institute in its annual legal blog contest.
Brendan has extensive experience in all phases of litigation, including trials. A representative sampling of his successes include:
- Securing a directed verdict on assumption of risk for a manufacturer of sealing products in a wrongful death asbestos-related case. The plaintiffs claimed their decedent developed lung cancer and mesothelioma as a result of asbestos exposure. The court agreed with Brendan’s motion arguments and found that the decedent assumed the risk of lung cancer based on evidence developed by the trial team that the decedent knew and appreciated the increased risk of lung cancer from both smoking and asbestos exposure, yet chose to continue smoking. This significant victory followed nine days of trial in the Circuit Court for Baltimore City, Maryland.
- Obtaining a defense verdict as member of defense trial team for an insulation contractor in a peritoneal mesothelioma case following a two-week trial in the Circuit Court for Baltimore City, Maryland.
Brendan has also acted as lead direct- or cross-examiner of fact witnesses at hundreds of depositions in matters heavily dependent on product identification and exposure testimony. He has examined expert witnesses from a wide range of disciplines, including pathology, pulmonology, and industrial hygiene, on complex medical and scientific issues related to causation. Brendan also has experience litigating matters involving breach of contract, premises liability, and property damage.
Brendan has a background in environmental law. He graduated from law school with a Certificate of Concentration in Environmental Law. He has also clerked at the U.S. Department of Justice in the Environment and Natural Resources Division and at the U.S. Environmental Protection Agency.
- Maryland Super Lawyers, Rising Stars (2013-2017)
- Maryland State Bar Association
- American Bar Association
- Defense Research Institute
- Bar Association of Baltimore County
- St. Ambrose Housing Aid Center, Legal Advisory Committee
Admitted to Practice
- District of Columbia
- U.S. District Court for the District of Maryland
- U.S. Court of Appeals for the Fourth Circuit
- J.D., Certificate of Concentration in Environmental Law, University of Maryland School of Law, 2008
- B.A., Colby College, 2003
- Author, "Uncertain Risks Associated With Products May Pose Real Legal Risk for Manufacturers and Insurers,” Claims Journal, April 17, 2017
- Co-Author, “Assumption of the Risk as a Defense in Smoking Lung Cancer Cases: An Example From Baltimore,” Westlaw Journal: Asbestos, Vol. 38, No. 24, September 16, 2016