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John D. Madden

Partner
AA Contact Info

Kendra Thrash
Phone: 919.838.2013
kthrash@smithlaw.com

Overview

John Madden has over 30 years of experience in defending doctors and hospitals in cases of alleged medical negligence. He has handled matters on both the trial and appellate levels. John currently serves as leader of the firm’s Medical Malpractice Defense practice group. 

John also has extensive experience in representing businesses and individuals in a wide variety of commercial disputes. He regularly represents insurance companies regarding coverage issues as well as allegations of bad faith and unfair and deceptive trade practices. He also represents manufacturers and designers of drugs and medical devices.

  • American Bar Association
  • Defense Research Institute
  • North Carolina Association of Defense Attorneys
  • North Carolina Bar Association
  • Wake County Bar Association
  • Member, Board of Trustees, Highland United Methodist Church
  • Volunteer, Habitat for Humanity
  • Volunteer, Food Bank of Central and Eastern North Carolina
  • Former Member, Davidson Athletic Foundation Board
  • Past President, Wake Forest University Law Alumni Council
  • Past Co-Chair, Wake Forest University Law Board of Visitors
  • Past President, Wake County Bar Association Young Lawyers Division
  • The Best Lawyers in America©, Medical Malpractice Law - Defendants (2007-2018)
  • Benchmark Litigation, North Carolina State Litigation Star (2012-2018)
  • Martindale-Hubbell AV Preeminent Rated
  • North Carolina Super Lawyers (2006-2017)
  • Order of Barristers

Experience

Experience

  • Represented medical device designer regarding an alleged product defect.
  • Successfully defended an emergency medicine physician at trial in a case alleging medical malpractice/wrongful death
  • Successfully defended an obstetrician at trial in a case alleging medical malpractice
  • Successfully defended a bariatric surgeon at trial in a case alleging medical malpractice
  • Successfully represented an insurance company at trial against allegations of breach of contract, "bad faith" and unfair and deceptive trade practices
  • Successfully defended a family practice physician at trial in a case alleging medical malpractice/wrongful death
  • Successfully defended a vascular surgeon at trial in a case alleging medical malpractice/wrongful death
  • Successfully defended two vascular surgeons at trial in a case alleging medical malpractice
  • Successfully defended a general surgeon at trial in a case alleging wrongful death/medical malpractice
  • Successfully represented an insurance company in a case alleging breach of contract and "bad faith" arising from an automobile insurance policy
  • Obtained summary judgment for an insurance company in a case alleging breach of contract and "bad faith" arising from an automobile insurance policy
  • Successfully defended a hospital at trial in a case alleging medical malpractice/wrongful death of an infant
  • Successfully defended a hospital at trial in a case alleging medical malpractice/wrongful death
  • Successfully defended an emergency medicine physician at trial in a case alleging medical malpractice/wrongful death
  • Obtained summary judgment for a local company in a case alleging "social host liability" and wrongful death

News & Publications

News

Bar & Court Admissions

  • Supreme Court of the United States 
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Courts for Eastern, Middle and Western Districts of North Carolina
  • All North Carolina State Courts

Education

Wake Forest University, J.D., 1983

Davidson College, B.A., 1979

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