Joe Gharrity

Mr. Gharrity is a member of the American Board of Trial Advocates (ABOTA), a national invitation-only association of experienced trial lawyers and judges with considerable jury trial experience as lead trial counsel.  He is also a member of the Association of Defense Counsel of Northern California and has participated on the Medical Malpractice Committee of the Association.  In addition to an impressive defense verdict jury trial record, he has assisted many physicians in obtaining successful resolution of Medical Board complaints.  He has notable skills in building positive relationships and developing rapport with clients and experts in difficult and stressful trial and litigation settings.

Mr. Gharrity is admitted to practice before all the Courts in California, Federal Courts including the US Supreme Court.  He has over 35 years’ experience successfully trying and arbitrating medical malpractice-professional liability cases in addition to negotiating many favorable settlements.  Since joining the firm in 1984, he has successfully defended many physicians, physician groups, hospitals and medical centers in civil litigation as well as Medical Board matters.  He is also a member of the firm’s Management Committee.

HASSARD BONNINGTON LLP, San Francisco, CA

Partner, 1984-Present

Alleged negligent anesthesia causing brachial plexus injury: Unanimous defense verdict in Alameda County Superior Court on behalf of anesthesiologist alleged to have negligently caused severe brachial plexopathy and loss of use of right upper extremity during regional anesthesia administration. 2017

Alleged negligent care and treatment of accident victim: Unanimous defense verdict in Santa Clara County Superior Court on behalf of physician involving issues of standard of care in claim alleging improper care and treatment of accident victim resulting in permanent injuries to pelvis, femur, knee and shoulder. 2011

Alleged negligent techniques and positioning during thoracoscopic sympathectomy: Defense verdict in Santa Clara County Superior Court on behalf of physician and other defendants in a claim alleging negligent techniques and positioning during thoracoscopic sympathectomy resulting in paraplegia. 2010

Alleged negligence and lack of informed consent: Unanimous defense verdict in San Mateo County Superior Court on behalf of a physician which involved issues of standard of care and informed consent arising from management of a patient with severe pyelonephritis and sepsis due to a large staghorn calculus in her left kidney. 1997

Alleged brain injury during an endoscopic sinus surgery: Unanimous defense verdict in San Francisco County Superior Court in a trial on behalf of a physician which involved issues of standard of care and informed consent as a result of alleged brain injury during an endoscopic sinus surgery. 1997

Alleged negligent endoscopic sinus surgery: Unanimous defense verdict in San Mateo County Superior Court on behalf of physician involving issues of standard of care and informed consent in a claim alleging loss of sense of smell and taste resulting from endoscopic sinus surgery. 1997

Alleged negligent psychiatric treatment resulting in the suicide: Defense verdict in a three-week trial in San Francisco County Superior Court on behalf of a physician in which the three minor children of decedent claimed negligent psychiatric treatment resulting in the suicide of the patient. 1997

EH v. UC Regents - Gender Affirming Care to Minor: Plaintiff, father of the youth, sued alleging the child was provided with a hormonal implant without his consent. Through two motions to dismiss in federal court, all of plaintiff's claims were eliminated. The appeal is pending. Lead attorney handling all aspects of case and coordinating strategy with co-defendants -2024.

QB v. SBH - Birth Injury with Brain Injuries Case:
Patient, a twin, alleged significant birth injuries due to a prolapsed umbilical cord. Strategic low value settlement was achieved at mediation. Co-defendant proceeded to trial with large 8-figure verdict. Lead attorney handling all aspects of case and coordinating strategy with co-defendants through resolution -2024.

JD v. MESR - Alleged Sexual Assault at Massage Therapy Franchise:
Patient alleged she was assaulted at a massage clinic. Discovery revealed no therapist matched the description of the alleged assailant and the case was dismissed for a nominal amount - Lead attorney handling all aspects of case through resolution - 2024.

MP v. SH - Alleged Failure to Diagnose Bladder Cancer:
Plaintiff alleged defendants failed to properly diagnose a kidney cyst as renal cell carcinoma. With a motion for summary judgment pending, plaintiffs agreed to dismiss SH for a waiver of costs at mediation. Lead attorney handling all aspects of case through dismissal - 2023.

XC v. The Regents - Alleged Breach of Contract and Conversion of IVF Embryos:
Plaintiff alleged The Regents wrongfully retained her embryos and refused to transfer them to another facility. Plaintiff's case was dismissed on demurrer. Following a successful appeal, plaintiff's case was again dismissed following a motion for terminating sanctions. Lead attorney handling all aspects of case through dismissal - 2023.

MM v. The Regents – Premises Liability/Design Defect: Patient alleged she slipped and fell while a patient on the maternity ward due to a defective design. Complex motion for summary judgment granted based on governmental immunities – 2021

PL v. The Regents – Alleged Delay in Transfer of Stroke Patient:
Patient was taken to a local hospital for signs of a stroke. The case was filed in federal court including allegations of violation of EMTALA, medical malpractice, NIED, dependent adult abuse, wrongful death and intentional misconduct. Contested motion to dismiss was granted in its entirety, ending the case. Lead attorney handling all aspects of case through dismissal – 2021.

KRB v. SHC – Wrongful Life/Wrongful Birth Case
: Plaintiffs alleged negligent genetic counseling failed to identify that plaintiff child’s parents were both sickle cell anemia carriers. Plaintiff child was born with sickle cell anemia. Discovery revealed plaintiff mother’s knowledge of her status as a carrier of sickle cell anemia. Thereafter, the case resolved for nuisance value. Lead attorney handling all aspects of case through resolution – 2020.

AS v. SH - Wrongful Life/Wrongful Birth Case:
Plaintiff alleged defendant lab failed to identify the genetic marker for cystic fibrosis during prenatal testing, resulting in the birth of a child with severe cystic fibrosis. Plaintiff required very costly medication for life, had significant care needs and a relatively long life expectancy given advances in treatment for cystic fibrosis. Initial demand for $50 million. Experts were disclosed, key depositions taken and case was resolved for an amount in the low seven figures, a significant victory for the defense. Lead attorney handling all aspects of case through resolution – 2020.


CM v. SH - Wrongful Death – Failure to Diagnose Malaria: Plaintiff alleged defendant hospital and physician failed to diagnose malaria, leading to his discharge from the emergency department and death. Plaintiff sought and obtained a significant settlement from the treating emergency physician and proceeded with the case against the hospital. Days before trial, the case settled for nuisance value. Lead attorney handling all aspects of case through resolution – 2019.

GS v. SH - Severely Brain-Injured Child: Plaintiff mom and plaintiff child alleged medical negligence related to care and treatment plaintiff child received in the NICU. Plaintiff child had a PICC line placed for nutrition and medication administration. The PICC line migrated and caused a pericardial effusion. Plaintiff child’s heart stopped and he underwent a prolonged resuscitation until the pericardial effusion was identified and tapped. Plaintiff mom was brought up to the NICU while the code was in process and brought an NIED claim. The NIED claim was eliminated with a motion for summary adjudication. The plaintiff child had profound neurological injuries but also a significantly long life expectancy. A favorable settlement was reached following development of causation arguments related to placental pathology. Lead attorney handling all aspects of case through resolution – 2019.

EG v. The Regents: Plaintiff alleged negligent attempted placement of an epidural catheter prior to hernia surgery, leading to an epidural hematoma and lower extremity paralysis. Plaintiff was a high wage earner with no ability to work and a significant remaining work-life expectancy. Prior to trial, the case was presented to two mock juries, with opening statements, a few witness presentations and closing arguments presented to the mock juries. Expert depositions were underway when plaintiff passed away from unrelated causes. Co-lead attorney handling causation and damages experts – 2018.

  • UC Hastings College of Law, JD 1984
  • Northwestern University, BA 1981
  • Association of Defense Counsel of Northern California, Medical Malpractice Committee
  • ABOTA
  • California Academy of Attorneys for Health Care Professionals
  • Trial Practice Defense Counsel for Mock Trials; UCSF Medical Center, Psychiatry and The Law Fellowship Program, 2005-Present.
  • Guest Trial Practice Judge; University of San Francisco Law School, 1995-2011.
  • Guest Instructor/Lecturer, “Psychiatry and the Law” Course, UCSF Medical Center, Langley Porter, Center for Occupational Psychiatry, 2002-2010.
  • Speaker, “Medication Error Reduction: A Strategy for Safe Practice,” Fresno Community Medical Centers Medical Staff Meetings, 2001.

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