Adam L. Fenstermaker, Esquire
Attorney Fenstermaker boasts nearly a decade of medical malpractice professional liability litigation experience, including successfully defending healthcare providers at trial and binding arbitration. He has experience defending hospitals, physicians and other healthcare providers in complex medical malpractice matters, often involving catastrophic injury or death. Attorney Fenstermaker has also successfully briefed and argued complex legal issues of first impression in front of Pennsylvania appellate courts, including the Supreme Court of Pennsylvania.
While his practice has been focused on representing healthcare providers, Attorney Fenstermaker has also successfully represented a broad spectrum of other licensed professionals in malpractice litigation, including engineers, architects, lawyers, among others. Attorney Fenstermaker was recognized by Lehigh Valley Business Magazine in 2023's Forty Under 40 Awards. This award recognizes young professional leaders in Berks, Bucks, Carbon, Lehigh, Monroe, Montgomery, Northampton, Schuylkill and Warren Counties, for success in their careers and giving back in meaningful ways to the Lehigh Valley community.
Mr. Fenstermaker has achieved many notable defense verdicts at trial and arbitration in his litigation career, including:
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A 2024 defense verdict following a 5 day jury trial in Pennsylvania state court for two gastroenterologists who allegedly failed to appropriately plan for and perform a colonoscopy, during which the patient tragically died. The jury rendered a verdict in favor of our clients, with a finding that both gastroenterologists acted appropriately and met the standards of care. The jury did find for the plaintiff against two Co-Defendant healthcare providers in the amount of $2.5 million.
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A 2024 defense verdict following a 6 day jury trial in Lehigh County for a gastroenterology practice that allegedly failed to manage a 40 year old patient's liver disease, which resulted in an upper GI bleed and catastrophic brain injury. The plaintiff introduced nearly $8 million dollars in economic damages in evidence. The jury rendered a verdict for the GI practice, with a finding of no negligence.
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A 2023 defense verdict following a week-long jury trial in Lackawanna County, for a gastroenterologist that allegedly failed to appreciate findings suspicious for colorectal cancer on three separate colonoscopies, resulting in a delay in diagnosis such that the cancer became untreatable.
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A 2022 defense verdict for a long-term care facility that allegedly failed to timely diagnose a patient’s necrotizing fasciitis, resulting in prolonged pain and suffering, and ultimately, death.
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In 2022, the dismissal of 25 separate, distinct medical malpractice lawsuits against an orthopedic surgeon who allegedly failed to properly perform knee replacement surgeries on 25 different patients.
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A 2022 defense verdict for an emergency medicine physician who allegedly failed to timely diagnose a thoracic aortic dissection and failed to timely transfer the patient to hospital capable of the necessary surgical intervention, resulting in the patient's death.
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A 2021 defense verdict for a podiatrist who allegedly was negligent during the performance of a plantar wart excision surgery, causing the minor-Plaintiff to develop CRPS/RSD.
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A 2019 defense verdict for a podiatrist who alleged failed to timely treat osteomyelitis in the toe, resulting in amputation.
Education
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JD, Villanova University School of Law, 2014
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BA, Moravian College, 2011
Admissions
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Pennsylvania
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Colorado (inactive)
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New York – Admission Pending
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U.S. District Court for the District of Colorado
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U.S. Middle District of Pennsylvania
Volunteer Experience
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Villanova Law Theodore L. Reimel Moot Court Competition -- Volunteer Judge
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Upward Basketball League -- Youth Basketball Coach