Kelly L. Andersen

Attorney Profile

Top Rated Medical Malpractice Attorney in Medford, OR

Andersen Morse & Linthorst
 | 1730 East McAndrews Road, Suite A
Medford, OR 97504
Phone: 541-773-7000
Fax: 541-608-0535
Selected to Super Lawyers: 2007, 2009 - 2019
Licensed Since: 1979
Practice Areas:
  • Personal Injury - Medical Malpractice: Plaintiff (60%),
  • Personal Injury - General: Plaintiff (20%),
  • Professional Liability: Plaintiff (10%),
  • Personal Injury - Products: Plaintiff (10%)
Attorney Profile

Serving all of Southern Oregon (with cases ranging throughout the State), Kelly L. Andersen focuses his practice on helping those who have been harmed by others. He is a 1979 graduate of the J. Reuben Clark Law School at Brigham Young University at Provo, Utah. A dedicated trial attorney, Mr. Andersen has represented the needs of his clients for 36 years.

Mr. Andersen primarily focuses on helping personal injury plaintiffs, particularly in the areas of medical malpractice, professional liability, and injuries caused by defective products. He has assisted his clients in thousands of personal injury cases and has served as lead counsel in cases in Oregon, California, Washington, and Hawaii.

Kelly L. Andersen is admitted to practice in both state and federal courts.  He is a member of the Oregon State Bar Association, the Oregon Trial Lawyers Association, the Oregon State Bar Product Liability Section, the American Association for Justice, the American Inns of Court, and several other prestigious organizations.

Mr. Andersen has compiled a long list of scholarly publications and is an active lecturer. He has also served as volunteer pro-tempore judge and is highly committed to his own continuing education.  The mission of the law firm of Kelly L. Andersen, P.C. is to meet the highest national legal standards while serving local clients.

Mr. Andersen has been recognized throughout the legal community for many years. He is a Member of the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, the Society of Outstanding Lawyers of America, the Best Lawyers in America, and has been named to the Bar Register of Preeminent Lawyers by Martindale-Hubbell. In 2014 Mr. Andersen was named Distinguished Trial Lawyer of the Year by the Oregon Trial Lawyers Association. Also in 2014 the national Trial Lawyer Board of Regents named him as a recipient of the "Litigator Award," an honor reserved for law firms ranked in the top 1% of all firms in the United States.  

Kelly L. Andersen loves the practice of law and cares deeply about his clients. His experience, education and commitment are your advantage in the field of personal injury law.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - Medical Malpractice (60%): Medical Malpractice, Birth Injury, Delayed or Incorrect Diagnosis, Informed Consent

Personal Injury - General (20%): Personal Injury - Plaintiff, Wrongful Death, Brain Injury

Professional Liability (10%): Professional Malpractice - Other

Personal Injury - Products (10%): Medical Devices, Products Liability

Focus Areas

Medical Malpractice, Birth Injury, Delayed or Incorrect Diagnosis, Informed Consent, Personal Injury - Plaintiff, Wrongful Death, Brain Injury, Professional Malpractice - Other, Medical Devices, Products Liability

Selections

Selected to Super Lawyers for 12 yearsbottom-image

Super Lawyers: 2007, 2009 - 2019

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About Kelly Andersen

Admitted: 1979, Oregon

Professional Webpage: andersenlaw.com/profiles/kelly-l-anderson/

Honors/Awards:

  • Member, Multi-Million Dollar Advocates Forum, 1997
  • This award is given each year by the Oregon New Lawyers Division to one attorney in Oregon whom the New Lawyers have judged to be a role model of professionalism for all young lawyers to follow and emulate. , Honorable John V. Acosta Professionalism Award, Oregon New Lawyers Division, 2017
  • Bar Register of Preeminent Lawyers by Martindale-Hubbell
  • Distinguished Trial Lawyer of the Year, Oregon Trial Lawyers Association, 2014
  • Member, Society of Outstanding Lawyers of America, 2004
  • Best Lawyers in America, 2015
  • Litigator Award, Trial Lawyers Board of Regents (National), 2014
  • A.V. Preeminent with Martindale-Hubbell, 2003
  • Multi-Million Dollar Advocates Forum, 2008
  • American Board of Trial Advocates , 2010

Bar/Professional Activity:

  • Past President, Southern Oregon Federal Bar Association
  • Appearance in Oregon Court of Appeals
  • Appearance in U.S. Court of Appeals 9th Circuit
  • National College of Advocacy - Advanced Trial Training at Stanford University & at Harvard University
  • Member, Jackson County Bar Association
  • Member, National College of Advocacy, 1992
  • Appearance in Oregon Supreme Court 
  • Appearance in U.S. District Court District of Oregon
  • Member, American Association for Justice
  • Senior Counsel, American College of Barristers, 2001
  • Member, Product Liability Section, Oregon State Bar Association
  • Appearance in U.S. Court of Federal Claims
  • Member, Oregon Trial Lawyers Association

Pro bono/Community Service:

  • Served on the Board of Directors of the William V. Deatherage American Inns of Court for five years (2012 - 2017), then served as its President for one year (2018), then as its Past President for one year (2019). This organization helps foster professionalism and high quality legal education among the attorneys of Southern Oregon. 
  • Serve on the Board of Directors of the Oregon Trial Lawyers Association. 
  • Serve on Oregon's Council of Court Procedures, a select group of attorneys who consider requests to change Oregon's Rules of Civil Procedure. 
  • Serve on the Board of Directors of Rogue Retreat, which helps homeless persons transition from the streets into tiny homes and then into traditional housing. 
  • Served on the "Steering Committee" that constructed "Hope Village," a tiny home village of 30 units to help the area's homeless population. 
  • Volunteer pro-tempore judge in Jackson County Circuit Courts

Scholarly Lectures/Writings:

  • Trial Lawyer, "Keep Balance, Keys to Good Law Firm Economics", Summer, 2009
  • Trial Lawyer, "Lessons Learned – What David Ball Can Teach Us," Spring, 2009
  • Southern Oregon Federal Bar Association Newsletter, "What You Don't Know You Don't Know," Winter, 2006
  • Products Liability Newsletter, "Informal Focus Groups," Winter, 2004
  • Southern Oregon Federal Bar Association Newsletter, "To Be Free," April, 2003, reprinted in the Oregon State Bar Bulletin, February/March, 2004
  • Oregon State Bar Product Liability Newsletter, "Filing in State or Federal Court," Fall, 2001, reprinted in the Oregon Law Journal, December, 2001
  • Southern Oregon Federal Bar Association Newsletter, "Sleeping When the Wind Blows," Summer, 2001, reprinted in Oregon State Bar Bulletin, January, 2002
  • Oregon State Bar Bulletin, "Piloting Your Practice," September, 2001
  • Oregon Trial Lawyers Association Magazine, "Making a Difference: Persistence Prevails, Spousal Support Payment Secured," Winter, 2001
  • Oregon State Bar Bulletin, "The Genie is Out of the Bottle," February/March, 2000
  • Oregon State Bar Bulletin, "Lincoln the Lawyer," February/March, 1998, reprinted in the Clark Memorandum, Brigham Young University Law School Magazine, Fall, 1998
  • Oregon State Bar Bulletin, "It's Not So Bad," June, 1992
  • Oregon Trial Lawyers Association Magazine, "Beating the Statute of Limitations in a Products Liability Case," October/December, 1990
  • Washington State Association for Justice, "Increasing Productivity in the Practice of Law," Vancouver, BC, July. 2010
  • Oregon State Bar CLE, "Evaluating the Wrongful Death Case," Portland, Oregon, June 18, 2010
  • Oregon Trial Lawyer's Association Annual Convention, "Time Management," Bend, Oregon, August, 2009
  • Southern Oregon Federal Bar Association, "Differences in State and Federal Evidence Codes," Klamath Falls, Oregon, May, 2006
  • Lorman Education Seminars, "Fourteen Steps to Greater Productivity," Eugene, Oregon, August, 2004
  • Jackson County Bar Association, "Keeping Up With the Times: Presentation of Evidence in Electronic Form," Medford, Oregon, October, 2003
  • HIPAA: Privacy of Medical Records, "Disclosure of Medical Records and Pending Litigation," Salem, Oregon, September, 2003
  • Southern Oregon Federal Bar Association, "Shepherding a Case in Federal Court," Klamath Falls, Oregon, October, 2001
  • Oregon Trial Lawyers Association, "Discovery Issues in Civil Cases," Sun River, Oregon, August, 2001
  • Southern Oregon Federal Bar Association, "Choosing Between a State and Federal Forum in Civil Cases," Medford, Oregon, Fall 1999

Verdicts/Settlements:

  • Rulon v. Hoffman, Hart & Wagner, Jackson County Case No. 10-3209-L2Verdict: $3.5 Million Date: 6/25/13 In this legal malpractice case, Dr. Michael Rulon sued the Oregon’s largest medical malpractice defense firm because of the bad conduct of its first-named partner, Michael D. Hoffman. In an underlying medical malpractice case, Hoffman had withheld vital evidence from opposing counsel, and then blamed his own client, Dr. Rulon, for its late production. In a trial lasting over two weeks involving a medical malpractice case inside a legal malpractice case, and using one of the most difficult of all torts to prove – intentional infliction of emotional distress – jurors awarded Dr. Rulon his full prayer of $3,000,000 in non-economic damages and $500,000 in lost income. With the consent of Dr. Rulon, I had rejected all pretrial settlement overtures because I felt that Hoffman’s conduct was so unscrupulous that the case had to be tried for the public good. Through the process of preparing for trial, I also more fully realized that attorneys can conduct their own focus groups, without the expense of hiring outside vendors. In Rulon two different focus groups gave me the words and phrases that later would resonate with jurors, and also gave me confidence that we would achieve a verdict for the full prayer. The initial pre-trial offer was $20,000 and the last offer, just before trial, was $100,000. , 2013
  • Estate of Pauline Allen v. Brookdale Senior Living Communities, Inc. Jackson County Case No. 15CV06555Verdict: $500,000 Date: 10/28/16 Brookdale, a senior living facility, failed to give its resident, Pauline Allen, age 89, needed medication to combat a life threatening condition known as sepsis. Brookdale alleged that Ms. Allen’s subsequent death was not from sepsis but instead from a rupture aortic aneurysm. The jury heard extensive medical testimony from doctors on both sides of this issue and concluded that Ms. Allen’s death was indeed from sepsis and that her Estate should be compensated in the full amount it had asked for, $500,000. In the related case of Brookdale Senior Living Communities, Inc. v. Estate of Pauline Allen, U.S. District Court Case No. 15-CV-01400CL, Brookdale had sued Ms. Allen’s Estate to compel it to resolve the case through arbitration. After briefing and oral argument, the United States District Court held that the arbitration provisions of the senior living contract were procedurally and substantively unconscionable and one-sided in favor of Brookdale. The court thus held that the contract was not enforceable, thus allowing a jury rather than arbitrators to decide liability and damages.  , 2016
  • Smith v. United States, U.S. District Court Case No. 16-CV-00690-CLVerdict: $12,647,009.10 Over a six week period Smith had sought medical treatment at a federally funded health care clinic in Oregon. During this time medical providers at the clinic failed to recognize and treat a condition known as Methicillin-Resistant Staphylococcus Aureus (MRSA). As a result, 16 levels of Smith’s spinal column became so badly infected that he became an “incomplete quadriplegic.” Witnesses called to testify on behalf of Smith included a family nurse practitioner teaching at John Hopkins University in Baltimore, a medical doctor specializing in emergency room medicine and infectious diseases teaching at UCLA in Los Angeles, and an economist teaching at Southern Oregon University. The case involved complex medical issues, as well as projections of future economic losses including long term medical care and the loss of future income as well as reductions (or increases) of these future losses to “present value.” Estate of Pauline Allen v. Brookdale Senior Living Communities, Inc. Jackson County Case No. 15CV06555Verdict: $500,000 Date: 10/28/16 Brookdale, a senior living facility, failed to give its resident, Pauline Allen, age 89, needed medication to combat a life threatening condition known as sepsis. Brookdale alleged that Ms. Allen’s subsequent death was not from sepsis but instead from a rupture aortic aneurysm. The jury heard extensive medical testimony from doctors on both sides of this issue and concluded that Ms. Allen’s death was indeed from sepsis and that her Estate should be compensated in the full amount it had asked for, $500,000. In the related case of Brookdale Senior Living Communities, Inc. v. Estate of Pauline Allen, U.S. District Court Case No. 15-CV-01400CL, Brookdale had sued Ms. Allen’s Estate to compel it to resolve the case through arbitration. After briefing and oral argument, the United States District Court held that the arbitration provisions of the senior living contract were procedurally and substantively unconscionable and one-sided in favor of Brookdale. The court thus held that the contract was not enforceable, thus allowing a jury rather than arbitrators to decide liability and damages. Rulon v. Hoffman, Hart & Wagner, Jackson County Case No. 10-3209-L2Verdict: $3.5 Million Date: 6/25/13 In this legal malpractice case, Dr. Michael Rulon sued the Oregon’s largest medical malpractice defense firm because of the bad conduct of its first-named partner, Michael D. Hoffman. In an underlying medical malpractice case, Hoffman had withheld vital evidence from opposing counsel, and then blamed his own client, Dr. Rulon, for its late production. In a trial lasting over two weeks involving a medical malpractice case inside a legal malpractice case, and using one of the most difficult of all torts to prove – intentional infliction of emotional distress – jurors awarded Dr. Rulon his full prayer of $3,000,000 in non-economic damages and $500,000 in lost income. With the consent of Dr. Rulon, I had rejected all pretrial settlement overtures because I felt that Hoffman’s conduct was so unscrupulous that the case had to be tried for the public good. Through the process of preparing for trial, I also more fully realized that attorneys can conduct their own focus groups, without the expense of hiring outside vendors. In Rulon two different focus groups gave me the words and phrases that later would resonate with jurors, and also gave me confidence that we would achieve a verdict for the full prayer. The initial pre-trial offer was $20,000 and the last offer, just before trial, was $100,000.  , 2018

Educational Background:

  • Brigham Young University, B.A., 1976

Industry Groups

  • American Association For Justice
  • Jackson County Bar Association
  • Oregon Trial Lawyers Association
  • Southern Oregon Federal Bar Association
Office Location for Kelly L. Andersen

1730 East McAndrews Road
Suite A
Medford, OR 97504

Phone: 541-773-7000

Fax: 541-608-0535

Kelly L. Andersen:

Last Updated: 4/2/2019

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