Craig L. McIvor, Shareholder

Phone: 206.621.3464
Toll Free: 877.624.7990
Fax: 206.624.5944
Email: clmc@leesmart.com
VCF file

Craig L. McIvor is a shareholder at Lee, Smart. Mr. McIvor’s practice has emphasized the defense of medical malpractice cases for over twenty five years. He also represents healthcare providers in licensing and credentialing proceedings. His experience includes all aspects of healthcare claims from initial evaluation through discovery, jury trial and appeal.

Mr. McIvor graduated from Western Washington University in 1978. He received his J.D. degree from the University of Washington School Of Law in 1982, where he was an Executive Editor of the Washington Law Review. He is a member of the Washington State Bar Association and is admitted to practice in the U.S. District Courts in Washington and in the U.S Court of Appeals for the Ninth Circuit.

Representative Cases

  • Rupnick v. Wright – Defense of neurosurgeon in claim of failure to correct postoperative cauda equina syndrome, resulting in permanent sacral nerve root deficits.  Defense verdict.
  • Hines v. BEPS – Defense of wrongful death case against emergency physician who treated recurrent nosebleed.  Defense verdict.
  • Lopez v. Skagit Valley Hospital – Defense of hospital in birth injury case. Dismissed at the close of plaintiffs’ evidence.
  • Tinker v. Sisters of Providence – Defense of hospital for failure to screen newborn for phenylketonuria (PKU), resulting in brain damage. Defense verdict, affirmed on appeal to Ninth Circuit.
  • McCandless v. Buckner – Defense of physician in IUD case with no defense expert. Verdict for less than amount offered.
  • Milleson v. Romig – Defense of physician, claim of unnecessary hysterectomy. Defense verdict.
  • Myers v. Gant – Defense of obstetrician in birth injury case. Defense verdict.
  • Kilgore v. Highline – Defense of hospital in admitted liability case (nurse used wrong equipment). Verdict for same amount suggested by defense in opening statement.
  • Skalka v. Ulvila – Defense of nephrologists in wrongful death case (heart arrhythmia). Defense verdict.
  • Burk v. Havorka – Defense of dentist in mouth reconstruction case. Defense verdict.
  • Erickson v. Kerr – Defense of primary care physician in suicide case. Defense verdict (reversed on appeal and tried again to a plaintiffs’ verdict).
  • Chicoine v. Flake – Defense of gynecologist in post-operative infection case. Defense verdict.
  • Evans v. Group Health – Defense of travel medicine clinic in case of psychiatric reaction to malaria medication (mefloquine). Hung jury, settled for amount offered before trial.
  • Riehl v. Valley Medical Center – Defense of hospital in ER case alleging failure to diagnose necrotizing fasciitis (flesh-eating bacteria), resulting in disfiguring surgery and blindness. Defense verdict.
  • Yi v. El-Ghazzawy – Defense of surgeon against claim of unnecessary abdominal surgery for bowel obstruction, resulting in several more surgeries and permanent colostomy. Defense verdict.
  • Haines et. al. v. Kamson – Defense of interventional pain specialist performing endoscopic microdiscectomy; four plaintiffs claimed violations of Consumer Protection Act. Defense verdicts in all four consolidated cases.
  • Callahan v. BEPS – Defense of emergency medicine group in wrongful death case claiming inadequate workup of chest pain. Defense verdict.
  • Ellis v. Connell – Defense of gynecologist in IUD infection case. Defense verdict.

 Other Illustrative Cases:

  • Continental Casualty Co. v. Weaver – declaratory action regarding coverage for a wrongful death claim arising out of use of a rental car. Cohabiting boyfriend held not member of “immediate family” under insurance policy. Summary judgment affirmed on appeal. 48 Wn. App. 607, 739 P.2d 1192.
  • Fils-Aime v. Upjohn – Defense of drug manufacturer in wrongful death case, claiming drug caused pancreatitis. Dismissed on summary judgment.
  • Mullen v. Campbell – Defense of lawyer who had defended a physician in a medical malpractice trial, which resulted in an excess verdict. The physician assigned claims for bad faith and legal malpractice to plaintiff, in exchange for a covenant not to execute. Case against lawyer dismissed on summary judgment (legal malpractice claims are not assignable).
  • Hayes v. McGrath – Defense of law firm; after meeting clients in a bar, firm partner shot plaintiff in the parking lot. Law firm dismissed on summary judgment, holding no vicarious liability. Affirmed on appeal. 50 Wn. App. 505, 749 P.2d 178.
  • Mission Ins. Co. v. Guarantee Ins. Co. – Declaratory action seeking contribution under “other insurance” clauses for settlement of wrongful death claim. Summary judgment granting contribution affirmed on appeal. 37 Wn. App. 695, 683 P.2d 215.
  • Kent v. Lee – Defense of physician who had moved out of state and was served with process by publication. Denial of summary judgment on service of process issue reversed on appeal, resulting in dismissal. 52 Wn. App. 576, 762 P.2d 24.
  • Young v. Key Pharmaceuticals – Defense of pediatric allergist in theophylline overdose/brain damage case. Summary judgment for defendants affirmed on appeal, holding pharmacist’s affidavit insufficient to establish standard of care for prescribing medications. State Supreme Court opinion remains the leading case for defense summary judgment motions. 112 Wn.2d 216, 770 P.2d 182.

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Practice Areas

Education

  • University of Washington School Of Law, J.D., 1982
  • Western Washington University, 1978

Admissions

  • Washington State Bar, 1982
  • United States District Court, Western District of Washington
  • United States District Court, Eastern District of Washington
  • United States Court of Appeals, Ninth Circuit

Professional & Civic Affiliations

  • Washington State Bar Association
  • Executive Editor of the Washington Law Review, 1982