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Brain Injury Research Institute
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Robert P. Fitzsimmons, J.D.

Founding Member, Brain Injury Research Institute


Robert (Bob) P. Fitzsimmons is a founding member of the Brain Injury Research Institute and a trial lawyer experienced in traumatic brain injuries. Mr. Fitzsimmons served as counsel for the late Mike Webster, a Hall of Fame center from the Pittsburgh Steelers and first established that "Iron Mike" was totally disabled as a result of football related head trauma in 1999. A lawsuit had to be later filed against the NFL's Pension Board in order to obtain benefits back to the date of Webster's retirement which to date is the only successful total disability lawsuit against the NFL.

In 1985, Mr. Fitzsimmons was elected to a three-year term to the governing body of the West Virginia State Bar, the Board of Governors. He was appointed as a Commissioner of the State of West Virginia (Boxing) Commission by Governor Bob Wise and served from 2003 through 2007. He served as a member of the West Virginia State Bar Disciplinary Board Investigative Committee from 2004-2010. Bob is presently a member of the Judicial Ethic's Investigation Committee.

Mr. Fitzsimmons has tried numerous jury trials including, at that time, the largest insurance bad faith verdict in West Virginia of $39 million (Kocher v. Oxford Insurance Co.). Bob has obtained over 125 settlements and verdicts in excess of $1 million dollars. He has also been counsel in over 50 published appellate opinions, the majority of which were published by the West Virginia Supreme Court of Appeals.

Mr. Fitzsimmons also represented West Virginia University in its successful lawsuit against WVU's former football coach, Rich Rodriguez, who went to the University of Michigan.

Mr. Fitzsimmons received a Juris Doctorate degree with highest honors from the University of Baltimore School of Law in 1978, where he was inducted into the Heusler Legal Honor Society. Bob received a Bachelor of Science degree from Allegheny College in 1974.

Mr. Fitzsimmons was admitted to practice law in West Virginia, Ohio, Pennsylvania and North Carolina (inactive license presently in N.C.). Bob is also admitted to practice in the United States District Courts for the Northern and Southern Districts of West Virginia and the Southern District of Ohio, the Fourth Circuit Court of Appeals and the United States Supreme Court.

Bob is a co-author of several medical articles dealing with Chronic Traumatic Encephalopathy (CTE) published in "Neurological Focus", "Neurosurgery", "Journal of Forensic Medical Pathology", and "Journal of Forensic Nursing". Bob was named one of the top 75 plaintiffs' trial Lawyers in the United States. Mr. Fitzsimmons has been the #1 vote getter of all attorneys in the State of West Virginia evaluated as "Super Lawyers." "Super Lawyers" is a publication naming outstanding attorneys in each state determined by peer review and professional achievement. In 2011 Bob was selected to a three person mediation panel which settled all claims resulting from the 29 miners' death in the Upper Big Branch Mine Disaster in Boone County, West Virginia.

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