Bertha Baranko Fitzer - Partner

Bertha Baranko Fitzer is a Partner in Tyson & Mendes’ Seattle office. Her practice focuses on medical malpractice defense involving catastrophic injuries and complex appeals.

Ms. Fitzer has extensive litigation experience having briefed and argued over one hundred appellate matters and tried 50 cases to jury verdict. Although she has obtained defense verdicts in high stakes cases involving neurological impairments and surgical mishaps, her verdicts are rarely appealed, ensuring the client does not have to try the same case twice. By careful case selection and preservation of the record, Ms. Fitzer has successfully rebuffed attempts to dilute the loss of chance doctrine and the duty of patients to follow their physician’s orders. Ms. Fitzer’s publications and prior service on important bar committees honed her analytic skills allowing her to provide second opinions rapidly and efficiently for complicated, high value cases headed for trial or the appellate courts.

Ms. Fitzer obtained a Masters of Laws from Harvard Law School in 1985. She received her J.D. from the University of Washington in 1981, where she was a managing editor of the Washington Law Review. She earned her B.A. from the University of Washington in 1978 where she participated in the English Honors Program and the Philosophy Honors Program. Ms. Fitzer is a member of two academic honor societies: Phi Beta Kappa and Phi Eta Sigma.

In her free time, Ms. Fitzer enjoys spending time with her adult son, reading, music, cooking, and the antics of her Border Doodle and two Bengal cats.

Recent Posts

Causation Instructions Cause Trouble

Significant costs are invested to obtain a defense verdict.  Experienced trial lawyers realize it is equally important to avoid inviting error which will result in a costly retrial…

Washington Supreme Court Holds Defendant Subject to New Claims

When a personal representative signs a release that releases “[a]ny and all claims, demands, actions, causes of action of every kind…,” the carrier has the right to consider the matter concluded.

Tyson & Mendes Successfully Defends Washington Healthcare Group in $111 Million Medical Malpractice Case, Defeating Junk Science Attack on Abusive Head Trauma

SEATTLE (November 15, 2021) – In a high-profile medical malpractice case against a pediatric cardiologist and his group, as well as a local children’s hospital, a Pierce County Superior Court jury returned a defense verdict in Link v. MultiCare Health System, et. al. The jury returned a unanimous defense verdict on October 29, rejecting the plaintiff’s $111 million damages claim in which plaintiff’s experts alleged that dysphagic choking, cerebral venous thrombosis (CVST) or reflex apnea could explain the infant’s grave neurological injuries.

Tyson & Mendes Adds New Health Care Group Head, 2 Attys

Law 360 Pulse – July 22, 2021

Insurance-focused litigation firm Tyson & Mendes LLP has appointed a recent recruit based in California as the new head of its health care group, and expanded the group with two Washington state partners.

Tyson & Mendes Expands Healthcare Practice, Appoints Margaret Holm as Chair: Two Additional Attorneys Brought on to Expand Practice Group Capabilities

SAN DIEGO (July 20, 2021) – Tyson & Mendes LLP announced today the expansion of its Healthcare Practice Group with the appointment of industry-leading trial and appellate litigator Margaret “Peggy” Holm as chair and the addition of two new attorneys joining the firm’s rapidly-growing specialty practice group.

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