Donn Alexander focuses his practice in the area of health care litigation, with a particular emphasis on hospital defense, medical malpractice, drug and medical device litigation, and defense of long-term care facilities. He represents local and national health care clients, including general and specialty hospitals, physicians, Fortune 500 drug and medical device companies, long-term care facilities, home health agencies, laboratories, pharmacies, outpatient surgery centers and ancillary service providers. Donn has successfully tried numerous cases to verdict in state and federal court, and represented clients in arbitration, mediation and administrative proceedings. He is dedicated to providing his clients with creative, efficient solutions for their complex matters.
- Obtained Unanimous Defense Verdict in 5-day Jury Trial Involving Alleged Negligence of an Orthopaedic Surgeon
Case Summary: Donn obtained a unanimous defense verdict in this medical malpractice case. After a 5-day trial, the jury deliberated for less than 30 minutes before returning their verdict in our client’s favor. Plaintiff alleged that the Defendant surgeon negligently performed surgery to repair a rotator cuff injury. At trial, Plaintiff’s expert testified that the surgeon negligently failed to perform a proper preoperative workup; failed to perform the surgery in accordance with the applicable standard of care; and negligently treated Plaintiff post-operatively. Plaintiff’s counsel argued that Defendant’s negligence caused Plaintiff’s failed surgery, resulting in additional treatment, surgery, pain, possible permanent injury, and financial and emotional distress. During trial, Donn Alexander argued that the surgeon acted in accordance with and met all medical care standards. Records also demonstrated that the Plaintiff did not follow certain discharge instructions, and refused recommended medications and treatment plans.
- Obtained Defense Verdict in 6-day Jury Trial Involving Home Healthcare Provider
Case Summary: Donn and another JSH attorney, Cory Tyszka, represented a home healthcare provider against allegations of abuse, neglect, and negligence relating to the care of an elderly woman with dementia. Plaintiff alleged that Defendants’ caregiver employee was negligent in failing to respond to the elderly woman’s calls for help, causing the woman to fall and break her hip after she got up from her bed without assistance. Plaintiff further alleged that Defendants were negligent in failing to properly train and supervise the caregiver. Plaintiff also sought punitive damages. The Defense maintained that the caregiver’s actions were reasonable, that Defendants exceeded the standard of care in training and supervising the caregiver, and that the woman’s fall was not caused by Defendants’ or the caregiver’s conduct. Plaintiffs claimed $877,874.64 in damages due to pain and suffering, medical bills and expenses, and loss of enjoyment of life. The case was tried in Maricopa County Superior Court before the Honorable Rosa Mroz. After a 6-day trial, the jury returned a unanimous defense verdict on January 30, 2018.
Acknowledged in Arizona Attorney magazine under Arizona Trials, Settlements and Arbitrations for important trials in Arizona, June 2018
- Obtained Defense Verdict in 5-week $20 Million Jury Trial Involving a Pediatric Critical Care Specialist
Case Summary: In this medical malpractice and wrongful death case, Plaintiffs, parents of a deceased 16-month old, alleged that Defendant, a pediatric critical care specialist, fell below the standard of care by failing to timely and properly intubate the child. The child had been admitted to the hospital after developing croup and respiratory distress. The child ultimately coded and could not be resuscitated. In closing, Plaintiffs’ counsel asked the jury to award the parents $15 – $20 million in damages. After a 5-week trial, the jury returned a verdict in favor of Defendant.
Professional Associations & Memberships
- Arizona Association of Defense Counsel
- State Bar of Arizona
- State Bar of Nevada
Professional Recognition & Awards
- Peer-Review Rating of 5.0 out of 5.0 by Martindale Hubbell
- Best Lawyers in America®, Medical Malpractice Law – Defendants, 2020-2023
- Southwest Super Lawyers, Super Lawyers, 2013-2019
- Top Attorneys in Arizona, Phoenix Magazine, 2013
- Nominated for “Attorney of the Year,” Medmarc Insurance Group, 2010
- Phoenix Magazine Top Lawyers, Healthcare Law, 2022
Presentations & Publications
Donn frequently presents on health care law issues at local, regional and national seminars and conventions. He is also actively involved in the Arizona community.
University of Arizona James E. Rogers College of Law, J.D., 1998
Arizona Law Review, Executive Note Editor, 1996-1998
University of Arizona, B.S., 1993
U.S. District Court, District of Arizona
U.S. Court of Appeals, Ninth Circuit