Mallory C. Allen
Top rated Medical Malpractice attorney in Seattle, Washington
Practice Areas:
Medical malpractice,
Personal injury,
Animal bites,
Birth injury,
Brain injury,
Construction accident,
Premises liability - plaintiff,
Sexual abuse - plaintiff,
Wrongful death
Education Qualification:
University of Washington School of Law
Practice Areas:
Medical malpractice,
Personal injury,
Animal bites,
Birth injury,
Brain injury,
Construction accident,
Premises liability - plaintiff,
Sexual abuse - plaintiff,
Wrongful death
701 Fifth Avenue, Suite 4300Seattle, Washington, 98104
First Admitted: 2012, Washington
Professional Webpage: https://www.pcva.law/attorneys/mallory-allen/
Bar/Professional Activity:
- Frequent commentator/contributor regarding New York's Adult Survivors Act and claims involving Dr. Darius Paduch., 2024
- Chair of the Washington State Association for Justice Awards Committee, and presenter at the annual WSAJ Judicial Appreciation Dinner and annual WSAJ Luncheon., 2024
- Co-Chair of the American Association for Justice Washington State Political Action Committee, 2024
- Washington
- U.S. Court of Appeals 9th Circuit
- U.S. District Court Western District of Washington
- New York
- Co-Chair of the American Association for Justice Washington State Political Action Committee, 2023
- Frequent commentator/interviewee regarding New York's Adult Survivors Act and claims involving Dr. Darius Paduch, including The New York Times, The LA Times, AP, Politico, The New York Post, among others. https://www.nytimes.com/2023/11/27/nyregiodult-survivors-act-lawsuits.html; https://www.nytimes.com/2023/04/11/nyregion/doctor-sexual-abuse-minors.html; https://apnews.com/article/urologist-doctor-sex-abuse-new-york-918d661a5e040525417c4f4464c19c73; https://lawandcrime.com/crime/abuse-of-his-patients-ends-today-urologist-at-prominent-hospitals-federally-indicted-after-lawsuits-allege-disturbing-sex-crimes/amp/; https://www.latimes.com/world-nation/story/2023-11-21/the-adult-survivors-act-launched-over-2-500-sex-abuse-suits-now-its-expiring; https://nypost.com/2023/11/22/news/ny-adult-survivors-act-expires-thursday-after-cases-against-trump-cosby/; https://nypost.com/2022/12/13/nyc-urologist-sexually-abused-16-year-old-high-school-intern-lawsuit-claims/; https://nypost.com/2023/08/21/nyc-urologist-is-accused-of-sexually-abusing-28-more-patients-bringing-total-alleged-victim-tally-to-70/; https://www.politico.com/newsletters/weekly-new-york-health-care/2023/10/23/sex-abuse-survivors-call-on-state-to-investigate-hospitals-00122954; https://www.nbcnewyork.com/investigations/i-team-ny-health-dept-was-aware-of-sex-abuse-claim-5-years-before-doctors-arrest/4360202/; https://gothamist.com/news/they-are-failing-their-patients-survivors-of-nyc-doctors-accused-of-abuse-demand-institutional-accountability, 2023
- Chair of the Washington State Association for Justice Awards Committee, 2023
- Member of the Washington State Association for Justice Awards Committee, 2020
- Co-Chair of the American Association for Justice Washington State Political Action Committee, 2022
- Member of the Washington State Association for Justice CLE Committee, 2020
- Member of the Washington State Association for Justice Awards Committee, 2018
- Member of the Washington State Association for Justice CLE Committee
- Member of the Washington State Association for Justice CLE Committee, 2019
- Member of the Judicial Relations Committee for the Washington State Association for Justice, 2015
- Member of WSAJ CLE Committee; Chair and Presenter at WSAJ Winter Conference CLE (December 2018), 2018
- Member of the Judicial Relations Committee for the Washington State Association for Justice, 2017
- -Member of the Judicial Relations Committee for the Washington State Association for Justice -Member of the WSAJ Summer Fellowship Taskforce -- selecting and interviewing law students for WSAJ Trial Advocacy Fellowship, 2016
Verdicts/Settlements (Case Results):
- Settled foster sexual abuse case for $15,000,000 against State of Washington on the eve of a jury trial. The State of Washington agreed to pay $15,000,000 to our clients, three sisters, J.P., R.P., and S.P., who were sexually abused at a foster home in Centralia, Washington in the 1990s. The settlement allows the State to avoid a 3-week jury trial scheduled to begin July 22, 2024 in Thurston County Superior Court. https://www.seattletimes.com/seattle-news/law-justice/wa-to-pay-15-million-to-3-sisters-who-alleged-abuse-by-centralia-foster-brothers/, 2024
- Successfully obtained trial court order and argued appeal at the New York Appellate Division -- First Department in McNierney v. Archdiocese of New York, 2023 WL 7767552 (N.Y. App. Div. 2023). McNierney was the first appellate opinion of its kind from the First Department under New York’s Child Victims Act. The appellate court held that survivors of childhood sexual abuse at the hands of Archdiocesan priests can obtain (1) the “sexual deviancy” treatment records of priests and (2) all documents in the priests' personnel files, regardless of the date of their creation. The appellate court rejected the argument advanced by the Archdiocese that these documents were confidential, privileged, and irrelevant to the claims at issue, as well as the argument that the documents implicated canon Law or sacramental issues., 2023
- Filed over 120 cases involving sexual abuse by Dr. Darius Paduch, a physician and urologist who practiced at Weill Cornell Medicine, New York Presbyterian Hospital, and Northwell Health, including the first case filed under the Adult Survivors Act regarding sexual abuse by Dr. Paduch. Dr. Paduch has since been arrested and is facing federal criminal charges. Media coverage on the Dr. Paduch cases has been extensive given his high-profile position and the nature of the allegations, 2023., 2023
- Successfully obtained trial court order, and argued appeal at the New York Appellate Division -- Third Department in Harmon v. Diocese of Albany, 2022 NY Slip Op 02596 [3rd Dept, April 21, 2022]. Harmon was the first appellate opinion of its kind under New York’s Child Victims Act. The Third Department held that survivors of childhood sexual abuse at the hands of Diocesan priests can obtain (1) the “secret files” of priests who abused children before or during the plaintiff’s abuse, (2) the “sexual deviancy” treatment records of priests that were shared with the Diocese, and (3) the Independent Mediation Assistance Program (IMAP) files of those abused by the same perpetrator. The Court recognized that, as an issue of fundamental fairness, the Diocese could not assert that it acted reasonably given what it knew about child sexual abuse while simultaneously withholding evidence showing what it knew. , 2022
- $875,000 settlement with NY diocese pertaining to the sexual abuse of plaintiff by catholic priest when he was a child/student/altar boy., 2021
- $4,000,000 settlement in the week before trial of medical negligence action involving ENT who negligently removed a mass from plaintiff's neck, causing a stroke, 2022
- Dreis v. Dearborn Insurance, US District Court, Western District of Washington, employment law (failure to pay severance), jury verdict of $607,779.84., 2015
- Balinbin v. Etsekson, King County Superior Court, MVA, jury verdict of $133,484.00
- Cox, et al v. Duyzend, DDS, Private Arbitration before Ret. Hon. Judge Paris Kallas, medical negligence, fraud and CPA claims, award of $35,212,000.00
- Burstein v. Picozzi, King County Superior Court, injured pedestrian, Jury Verdict of $235,975.00
- Swain-Schons v. Swedish, King County Superior Court, medical negligence (retained foreign object), jury verdict of $100,000,000.
- Cox et al, v. Continental Casualty Company, US District Court, Western District of Washington, insurance bad faith and CPA claims, jury verdict of $16,474,427.08
- Moradi v. Group Health -- King County Superior Court; claims for medical negligence, lack of informed consent, and battery; jury verdict of $5,250,000., 2018
Pro bono/Community Service:
- University of Washington School of Law Student Mentor, 2022
- University of Washington School of Law Student Mentor, 2023
- University of Washington Law, Societies, and Justice Program Mentor, 2019
- Board Member of the UW Law School Moot Court Honor Board's Alumni Advisory Board, 2015
- Board Member of the UW Law School Moot Court Honor Board's Alumni Advisory Board, 2019
- Teaching Trial Advocacy as an Adjunct Professor at the UW School of Law, 2014
- University of Washington School of Law Student Mentor, 2016
- University of Washington Law, Societies, and Justice Program Mentor, 2016
Honors/Awards:
- Selected to Thomson Reuters Washington Super Lawyers, Rising Stars, 2018–2023, Super Lawyer
- Invited to be a member of ABOTA. ABOTA is an invitation-only organization requiring members to demonstrate significant litigation experience including at least 10 civil jury trials. ABOTA is a leading organization in the fight to preserve and protect Americans’ Seventh Amendment right to a civil jury trial, support judicial independence, and promote civility and professionalism by members of the bar and bench., American Board of Trial Advocates, ABOTA, 2024
- https://www.bestlawyers.com/lawyers/mallory-c-allen/392261, Best Lawyers: Ones to Watch, Best Lawyers, 2024
- Peer nominated and selected to Best Lawyers "Ones to Watch" for Medical Malpractice Law – Plaintiffs; Personal Injury Litigation – Plaintiffs, 2024, Best Lawyers: Ones to Watch, https://www.bestlawyers.com/lawyers/mallory-c-allen/392261
- Invited to be a member of the Order of the Barristers, a national trial advocacy honorary organization., Order of the Barristers, UW School of Law, 2012
- Named a Rising Star by Washington Law and Politics, Rising Star, 2019
- Named a Rising Star by Washington Law and Politics, Rising Star, 2018
- Winner of the 2012 Judge John C. Coughenour Trial Advocacy Competition, 2012
Educational Background:
- University of Washington, B.A., Magna cum laude, Phi Beta Kappa, 2009, 2012
Scholarly Lectures/Writings:
- Presented on how to obtain full and fair discovery against defendants in Child Victims Act cases, with an emphasis on locating and obtaining withheld documents from the Catholic church. , Presenter, Presenter at National Crime Victims Bar Association Annual Convention, 2023
- Presented at the WSAJ Annual Convention on ethical considerations when locating, preparing, and calling lay witnesses for deposition and trial. , Presenter, Presenter at Washington State Association for Justice Annual Convention -- Ethical Considerations When Preparing Lay Witness Testimony, 2023
- Presented at WSAJ Webinar regarding the importance of using lay witness testimony to build up personal injury cases and the potential ethical considerations attorneys may come across along the way. We discussed which types of witnesses to obtain testimony (and which ones you cannot) and practice tips for how to identify them to help your case, and the ethical considerations of how to contact them and use their testimony, and how the testimony is useful in personal injury cases, especially against an institutional or corporate defendant. , Presenter, Presenter at Washington State Association for Justice Webinar on Obtaining Lay Witness Testimony, 2022
- Excluding opinions of a liability witnesses -- accident reconstructionist, Presenter, Chair and Presenter at WSAJ Winter Conference CLE, 2018
- Presented regarding the nuances of wrongful death cases in Washington, as well as how recent statutory amendments have affected the litigation of such cases. , Presenter, Wrongful Death, Washington State Association For Justice, 2022
- Presented to South Carolina prosecutors regarding the implications of Harmon v. Diocese of Albany, including explaining the records involved, the information they contained, where to look for them, and how to address arguments related to the attorney-client and physician-patient privileges, South Carolina Commission on Prosecution Coordination “Issues in the Prosecution of Sex Crimes”, South Carolina Prosecutors, 2022
- Discussed the implications of Harmon v. Diocese of Albany, 2022 NY Slip Op 02596 [3rd Dept, April 21, 2022] – the first appellate opinion of its kind under New York’s Child Victims Act. In this recent decision, the Third Department held that survivors of childhood sexual abuse at the hands of Diocesan priests can obtain (1) the “secret files” of priests who abused children before or during the plaintiff’s abuse, (2) the “sexual deviancy” treatment records of priests that were shared with the Diocese, and (3) the Independent Mediation Assistance Program (IMAP) files of those abused by the same perpetrator. The Court recognized that, as an issue of fundamental fairness, the Diocese could not assert that it acted reasonably given what it knew about child sexual abuse while simultaneously withholding evidence showing what it knew, Presenter, Harmon v. Diocese of Albany: The first appellate opinion of its kind under New York’s Child Victims Act, National Crime Victims Bar Association, 2022
- Presented on trying a plaintiff's personal injury case -- from jury selection through post-trial briefing. , Presenter, NBI Plaintiff's Guide: Washington Personal Injury From Start to Finish -- TRIAL OF THE PLAINTIFF'S PERSONAL INJURY CASE, NBI, 2021
- Presented on the unique aspects and important considerations for preparing a survivor of child sexual abuse for their deposition., Presenter, Discovering the Story and Preparing Your Client to Tell It, National Crime Victims Bar Association, 2021
- Presented as part of lecture series to class of Law, Societies, and Justice students regarding lessons learned from failures, as opposed to successes., Presenter, Learning from Failure, Law School, 2021
- Medical negligence is the third-leading cause of death in the United States, and a cause of serious injury to hundreds of thousands more each year. After years of “tort reform” movements by physicians and insurance companies, medical negligence is one of the most expensive, time-consuming, complex areas to litigate. Learning how to identify and avoid common pitfalls is essential. This webinar will give you the tools every lawyer should have during the intake and initial investigation stages of a medical negligence case. Topics will include: weeding out “known complication” cases; addressing the peculiarities of the collateral source carve-out; finding trusted experts; and ensuring your case hits all three elements— liability, causation, and damages., Presenter, Choosing a Winning Med Mal Case, Washington Association For Justice, 2020
- Pain and Suffering Damages: A Brief Introduction, Presenter, Pain and Suffering Damages in Personal Injury, 2019
Contact Mallory
All the below fields are required