Mark S. Brennan Sr.

Office Location: Richmond, VA

Education
  • B.A., Political Science, University of Delaware
  • J.D., T.C. Williams School of Law, University of Richmond
Judicial Clerkship
  • Law clerk to the Hon. David G. Lowe, United States
  • Magistrate Judge of the U.S. District Court for the Eastern District of Virginia, Richmond Division
Jurisdiction Licensed
  • Virginia
  • North Carolina
  • Pennsylvania
  • West Virginia
Professional & Community Activities
  • Bar Association of the City of Richmond
  • Virginia Bar Association
  • Virginia Association of Defense Attorneys
  • Pennsylvania Bar Association: Health Care Law Committee; Professional Liability Committee; Military & Veterans Affairs Committee; Collaborative Law Committee; Senior Lawyer Committee
  • North Carolina Bar Association: Professionalism Committee; Professional Vitality Committee
  • West Virginia Bar Association
  • Virginia Trial Lawyers Association
  • American Bar Association
  • Defense Research Institute: Professional Liability Committee
  • John Marshall American Inn of Court
  • Judge Advocate General Corp., United States Army Reserves (1992-99)
  • Professional Liability Underwriters Society, Southeast Region (2009-present)
  • Sons of the American Revolution, Virginia Society, President (2011-12)
  • Virginia Health Care Association, Health Planning Committee (2015-18)
  • Appointed by the Virginia Supreme Court to serve as a member on the Virginia State Bar Mandatory Continuing Legal Education Board (2017-2020)
  • Virginia Supreme Court Medical Malpractice Review Panel (2018-20)
Notable Accomplishments
  • Martindale-Hubbell® AV Preeminent® Peer Review Rating
  • Virginia Business, “Legal Elite” (2005-present)
  • “Top Rated Lawyer” – Medical Malpractice Law

Mark has over 34 years of extensive trial and litigation experience in state and federal courts. Mark defends physicians, nurses, hospitals, nursing home/long-term care facilities, physical therapists, dentists, and all other varieties of health care providers against medical malpractice wrongful death and personal injury claims. Mark serves as regional counsel for long-term nursing care companies in Virginia. Mark represents and defends health care providers in proceedings before the state professional licensing and disciplinary boards. 

In addition to medical malpractice defense litigation, Mark also represents a major transportation system in defense of liability claims and subrogation matters.

Mark is admitted to practice in all federal and state courts of Virginia, North Carolina, West Virginia and Pennsylvania, the U.S. Court of Appeals for the Fourth Circuit and the U.S. Supreme Court. Mark is a member of the law firm’s Executive Board, the governing body of Vandeventer Black, and the Practice Group Manager of the firm’s Professional Liability Defense Group. He is also a member of the City of Richmond Bar Association, the Virginia Association of Defense Lawyers, the Virginia Trial Lawyers Association, the Pennsylvania Bar Association, North Carolina Bar Association, West Virginia Bar Association, the Defense Research Institute, the American Trial Lawyers Association, and the Virginia Bar Association.

Mark serves as Vice Chairperson of the Virginia State Bar Mandatory Continuing Legal Education Board and the Virginia Supreme Court Medical Malpractice Review Panel.

Mark is also active in numerous civic, business and professional organizations, including the Virginia Health Care Association, the Health Planning Committee, and the Quality of Care Committee, the Professional Liability Underwriters Society, John Marshall Inn of Court, and Virginia Society of the Sons of the American Revolution. In 2015 Mark became a Fellow of the Litigation Counsel of America. He is regularly selected as one of Virginia Business’ “Virginia Legal Elite” in the field of Health Law.

Mark received a B.A. from the University of Delaware and a J.D. from the University of Richmond, where he was an associate editor of The Law Review. He served as law clerk to the Honorable David G. Lowe, United States Magistrate Judge of the U.S. District Court for the Eastern District of Virginia, and as an officer for eight years in the U.S. Army Reserves Judge Advocate General’s Corps, Headquarters, and XVIII Airborne Corps in Fort Bragg, North Carolina.

Representative Matters
  • Defense of a cardiologist and his professional practice group against a suit for $2,000,000 alleging puncture of a blood vessel during performance of a cardiac catheterization and subsequent failure to control bleeding/hematoma, resulting in surgical repair of a pseudoaneurysm and permanent disabilities. The suit was dismissed with prejudice on the eve of trial.
  • Defense of three nurses, urologist, and a physician’s practice corporation against allegations and claims for damages of $20,350,000 that a patient died as a result of improper administration (overdose/toxicity) of medications, failure to monitor, and improper use of restraints to subdue the hallucinating and violent patient. Defendants were dismissed with prejudice from the case.
  • Defense of physical therapist and physical therapy practice corporation against allegations of a young patient that defendants improperly removed her leg/hip brace after hip replacement surgery, failed to perform an adequate assessment, and failed to timely transport her to a hospital emergency room, resulting in a dozen or more subsequent dislocations and several major hip surgery revisions and replacements.
  • Suit requested $2,000,000 in damages and was resolved at mediation for nuisance value after two of plaintiff’s medical experts capitulated at discovery depositions.
  • Defense of long-term care facility against wrongful death suit for $2,000,000 alleging death of resident as a result of infections/sepsis caused by alleged failure to properly care for skin/decubitus ulcers. The suit was dismissed, first by a circuit court, then in an arbitration forum.
  • Defense verdict on behalf of a long-term nursing care provider against claims of sexual assault and failure to prevent falls resulting in a broken hip.
  • Defense verdict for health care provider against claims of whistleblower retaliation.
News
Vandeventer Black Attorneys Selected as 2020 Legal Elite
/ Firm News
Thirty Vandeventer Black attorneys have been recognized as ‘Legal Elite’ for 2020 by Virginia Business Magazine. Every year, the magazine partners with the Virginia Bar Association to grant this award to attorneys nominated by their peers for this recognition. The selected attorneys are: Christopher Ambrosio, Business Law Anne G. Bibeau, ...
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Twenty-two Vandeventer Black Attorneys Selected as 2019 Legal Elite
/ Firm News
Twenty-Two Vandeventer Black attorneys are being recognized as ‘Legal Elite’ for 2019 by Virginia Business Magazine. The magazine partners with the Virginia Bar Association every year to grant this award to attorneys nominated by their peers for this recognition. The selected attorneys are: Christopher Ambrosio – Business Law Anne Bibeau ...
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Vandeventer Black Announces its 2019 Executive Board
/ Firm News
Vandeventer Black LLP is pleased to announce its 2019 Executive Board. Partners Deborah M. Casey and James R. Harvey were re-elected, and partners Edward J. Powers, Mark S. Brennan, Sr., and Michael L. Sterling (Managing Partner) continue to serve as members. “We thank our partners Debbie and Jim for their ...
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