Law Office of Jeffrey Downey

An experienced trial attorney with a proven track record of exceptional verdicts in personal injury, malpractice, elder neglect and complex litigation cases.

As an experienced trial attorney Mr. Downey has litigated numerous types of cases in both Federal and state courts in Maryland, the District of Columbia, Virginia, West Virginia and New York. He spent the first seven years of his legal career doing defense work for the Federal Government and a Virginia insurance defense firm. He defended a wide variety of cases including personal injury cases, criminal matters, employment matters, medical malpractice cases, declaratory judgment actions, commercial cases and civil rights claims.

After working for the large national law firm of Robins Kaplan Miller and Ciresi, Mr. Downey opened up his own firm in 1997. Now you can hire a big firm lawyer who used to work for insurance companies, but now works for you.

 

Practice Areas

• Nursing Home/Assisted Living Negligence


• Medical Malpractice


• Personal Injury/Serious Truck/Auto Accidents


• Health Care Fraud/Whistle-Blower Cases


• Commercial Litigation

 

Selected Results

$58,482,347 Judgment, $5,265,144 Judgment

Jeffrey J. Downey was lead trial counsel in In re Lorazepam & Clorazepate antitrust litigation, civil No. 99-276 where he, along with a team of lawyers from his prior firm, Robins Kaplan Miller and Ciresi, L.L.P., represented Blue Cross Blue Shield of Massachussets and Minnesota. These Plaintiffs had alleged that Defendants, including one of the Country’s largest generic drug manufacturers Mylan Pharmaceuticals Inc., had conspired to prevent generic competition for two popular anti-anxiety medications, Lorazepam, the generic equivalent of Ativan and Clorazepate, the generic equivalent of Tranxene. Defendants effectively cut off the supply of raw materials to Mylan’s competitors then increased the drugs prices, in some markets, by over 2000%. Many uninsured consumers, including elderly patients on fixed incomes, found that they were no longer able to afford these popular drugs that they had become reliant upon. At trial, Mylan’s senior Vice President was quoted by one Mylan former employees who had relayed various complaints that customers raised after the enormous price increases. "F… the customers" said the V.P., "they don’t set pricing."

The Jury awarded all of plaintiff’s projected economic damages and found that Defendants Mylan, Gyma Labs and Cambrex corporation had violated state antitrust laws. The verdict was eventually trebled under Massachussets state law, resulting in a final judgment of $58,482,347.00 on behalf of Blue Cross Blue Shield of Massachusetts, and a $5,265,114 verdict on behalf of Blue Cross Blue Shield of Minnesota. Defendants have promised to appeal the case.

 

 

$5 Million Dollar Verdict

... involved a case in which an elderly man claimed he was sexually molested by his male nurse aid at a nursing home. The defense argued that his complaints to his psychiatrist of sexual abuse were a manifestation of his dementia, and that the abuse never occurred. The alleged abuser had a history of inappropriate conduct at the nursing home, and we presented evidence that the plaintiff's roommate was also the victim of abuse. After a week long trial the Jury awarded a $5 million verdict including 4.5 million in punitive damages. The case established important precedents in Virginia case law. See the published decision, Huffman vs. Beverly California Corporation, et al, 42 Va. Cir. 205, 1997 Va. Cir Lexis 113 (J. McGrath, Rockingham County 1997).

 

To see more Selected Results, please review the Case History section below.