The firm obtained a monumental decision from the W.Va. Supreme Court. In the decision in STATE OF WEST VIRGINIA EX REL. JOHNSON & JOHNSON CORPORATION, V THE HONORABLE MARK A. KARL, JUDGE, DANIEL W. WILSON, M.D., AND ESTATE OF NANCY J. GELLNER, BY GREGORY A. GELLNER, EXECUTOR, appeal number 33211, June 27, 2007 the W.Va. Supreme Court refused to adopt the "learned intermediary" doctrine as related to prescription drug manufacturers. This means that prescription drug manufacturers have the same duty to warn consumers of risks of the product as any other manufacturer. They cannot hide behind the sheild of the prescribing doctor in W.Va. and cannot claim that a warning to the doctor is all they need to accomplish, rather they have get the warnings to the persons who will actually be taking the prescription drugs and whose lives and health may be put at risk. This case has already had national implications in this area of the law.
The firm recently settled complex multi-defendant medical malpractice cases, including a brain injury claim resulting in a recovery of nearly $3.5 million. along with several insurance bad faith claims against insurance companies who wrongly denied the claims of their policyholders. Recently the firm resolved a serious motorcycle accident case involving complex insurance issues for $1.4 million. In 2016 the firm has resolved a very serious auto accident crash case for $3.0 million after several years of litigation in preparation for trial.
We have also acheived settlements in excess of $6 million dollars for a single injured plaintiff in a malpractice case and successfully handled complex aircraft litigation in the state of New York.
Mr. Gellner was named to the elite group of "Super Lawyers" in 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016 for the State of West Virginia. This honor is based upon recognition by other lawyers and a lengthy evaluation process. Less than 5% of the lawyers in West Virginia achieve this status.
The firm regularly acts as lead trial counsel, and accepts co-counsel referrals in the states of West Virginia and Ohio.
Mr. Gellner is a member of the following: the American Association For Justice, the West Virginia Association For Justice, and a member of its Board of Governors, the Ohio Association for Justice, the WV Bar Association, the Ohio State Bar Association, the Marshall County Bar Association, and he is a Past President of the Ohio County Bar Association. He is a past member of the West Liberty State College Alumni Board and the Ohio Valley West Virginia University Alumni Association. Mr. Gellner was appointed by Governor Bob Wise as a board member on the West Virginia Motorsports Council in 2004. In 2005 Mr. Gellner become a board of director member for the Wheeling Amateur Hockey Association, a local youth hockey association that has had over 15,000 children in its sports programs since it inception in 1963. Mr. Gellner is also the president and co-founder of the John Marshall High School Hockey Association that oversees a high school hockey program at that local high school and was honored as an inductee in to the John Marshall High School Wall of Fame in 2013. Mr. Gellner also races dirt late model stock cars. He is a life long resident of Marshall County. He and his wife Cathy have three children and are members of the Glen Dale United Methodist Church.