Bradley R. Blackham

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  • Legal Assistant: Shirley Neilson

Bradley Blackham is currently serving as Vice President of SCM. He is both a trusted counselor and trial lawyer who advises clients on best practices for avoiding lawsuits and vigorously defends them when a lawsuit is filed. He takes the time to understand his clients’ businesses so that he can actively partner with them to achieve practical, cost-efficient legal solutions.

Brad’s practice focuses on representation of public and private employers, hospitals, healthcare providers, pharmacies and pharmaceutical companies.

Employment Law

One focus of Brad’s employment law practice is education and implementation of policies and practices for averting litigation. If employment charges are filed with federal or state administrative agencies or courts, Brad helps clients formulate and execute successful defense strategies through administrative investigations, hearings, litigation and trial. Brad is an experienced trial lawyer, having both first and second-chair jury trial experience in a number of complex, high-risk cases involving multimillion-dollar claims.

Brad is experienced in defending claims involving Title VII, ADA, wrongful discharge, at-will employment, whistleblowing and retaliation. He also has experience defending public employers against constitutional law claims. Brad represents private-sector employers as well as municipalities, counties, local and special districts.

Health Law and Medical Malpractice Defense

Brad’s practice includes representation of Utah-based healthcare providers including hospitals, physician groups, medical and dental clinics, pharmacies, assisted living centers and individual medical and dental providers. Brad is experienced in defending against a full range of malpractice claims. He also advises clients on a variety of non-litigation matters including risk management and patient care practices, telehealth, HIPAA and HITECH privacy requirements and compliance with fraud and abuse statutes and regulations such as Anti-Kickback, Stark and Civil Monetary Penalties.

Brad works with two of Utah’s largest local integrated healthcare systems, which include general and specialty hospitals, community health centers, urgent care clinics, and thousands of employed primary and secondary care physicians. He also represents general dentists and dental specialists insured by the largest insurer of dentists in the State of Utah.

Pharmaceutical Product Liability Defense

Brad represents pharmaceutical companies in large product liability cases. He was extensively involved in conducting fact and expert discovery as local counsel for a pharmaceutical manufacturer in the diet drug litigation in Utah. He also has experience representing a pharmaceutical manufacturer as local counsel in the opioid litigation.

Prior to joining the firm, Brad was a tax consultant in Los Angeles for Deloitte and completed a judicial clerkship with the Hon. Russell W. Bench (Ret.), Utah Court of Appeals.

Education

  • J.D., Brigham Young University, J. Reuben Clark School of Law, 1999
  • B.S., Brigham Young University, 1996

Bar & Court Admissions

  • Utah State Bar
  • United States District Court, District of Utah
  • California State Bar
  • Salt Lake County Bar
  • Tenth Circuit Court of Appeals
  • Presenter, Five Common Mistakes by Public Employers, International Public Management Association for Human Resources—Utah Chapter, October 2019.
  • Presenter, Effect of Utah Medical Cannabis Act on Public Employers, Utah Local Government Trust, February 2019.
  • Presenter, Legal and Ethical Issues in Dentistry, Roseman University College of Dentistry, January 2018.
  • Featured Speaker, Health Law Issues of 2017, Utah Business Healthcare Solutions Summit, September 2017.
  • Presenter, Anatomy of a Medical Malpractice Lawsuit—Defending Your Care, Hospital Grand Rounds, April 2016.
  • Panel Member, Dental Malpractice Cases—Plaintiff and Defense Perspectives, Utah Dental Association’s Annual Convention, 2011.
  • American Bar Association, Labor and Employment Law and Health Law Sections
  • Utah Bar Association, Labor and Employment Law and Health Law Sections
  • American Health Lawyers Association
  • Firm liaison, Law Firm Alliance
*Peer review Rated Lawyer of AV® Preeminent™ 5.0 out of 5.* *AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards.

Unique Recognition – Education

  • Law School: Brigham Young University, J. Reuben Clark School of Law, 1999
  • Judicial Clerkship: Judge Russell W. Bench (Ret.), Utah Court of Appeals
  • Employee v. Public Employer:  Obtained dismissal of whistleblower, constitutional due process and personal liability claims in wrongful discharge case.
  • Employee v. Private-Sector Employer:  Obtained summary judgment in favor employer in case involving claim of wrongful termination and discrimination in violation of ADA.
  • Patient v. Hospital:  Defense verdict in jury trial of a paraplegia medical malpractice case.  The plaintiff claimed damages of $16 million.  The jury found that the defendant complied with the standard of care.
  • Patient v. Hospital:  Defense verdict in jury trial of medical malpractice wrongful death claim.  The patient’s family claimed damages of $6 million.  The jury returned a unanimous defense verdict after finding that the defendant complied with the standard of care.
  • Patient v. Hospital, 2010 UT App 85, 232 P.3d 529 (affirming trial court order striking plaintiff’s liability expert).
  • Patient v. Hospital, 2006 UT 78, 150 P.3d 467 (holding Governmental Immunity Act’s venue provisions apply to academic medical center).
  • Patient v. Dentist, 81 P.3d 808 (Utah Ct. App. 2003) (affirming summary judgment in favor of client dentist in case involving claim of patient abandonment).