Jay has been managing partner at Elk & Elk since 2017. He has been a partner since 2011. Jay focuses on civil trial work in state and federal courts. His practice areas include medical negligence and/or wrongful death arising from birth injury, maternal death, surgery, oncological, cardiac, trucking, auto and pharmaceutical causes.
Jay has presented more than 70 cases to juries, including felony prosecution, criminal defense, civil defense and civil plaintiff cases. He has been lead counsel on cases in more than 30 Ohio counties, as well as in appellate courts and the Supreme Court of Ohio.
Jay was appointed court liaison/lead counsel on behalf of all claimants in lawsuits against University Hospitals. He oversaw workup, handling and resolution of Liaison Counsel for all 65 plaintiffs in 2019. The litigation stemmed from a fertility clinic event that left thousands of fertilized embryos and eggs unviable.
Jay was awarded “Lawyer of the Year” in 2021 for Medical Malpractice Law in Cleveland. Since 2016, he has been included in The Best Lawyers in America® for Medical Malpractice Law and Personal Injury Litigation.
Jay has been recognized as an “Ohio Super Lawyer” since 2009, maintains the highest AVVO rating and received a 5.0/5.0 AV Preeminent Martindale-Hubbell® Peer Review Rating™ by members of the Bar and Judiciary for his legal ability and professional ethical standards. He was named to the Top Five in Cleveland by Super Lawyers from 2012-2015, Top Ten Ohio Super Lawyer’s list from 2011-2015 by Cincinnati and Columbus Super Lawyers magazines, Top 100 Ohio Super Lawyers from 2010-2021 and Top 50 lawyers in Cleveland by Super Lawyers for 2009 and from 2012-2021.
Jay is a past member of the board of trustees for Ohio Association of Justice and currently serves on Board of Trustees for The Cleveland Academy of Trial Attorneys. Nationally, he’s a member of the American Association of Justice’s “Leadership Forum.”
Jay speaks internationally to medical and legal groups on the issue of birth injury and medical liability. In 2008, Jay was a reviewer for a fetal monitoring textbook used by physicians around the country on the issue of liability for birth injuries. Jay has a chapter published in the 6th edition of Comprehensive Gynecology, Medical-Legal Issues (2011) and in the 7th edition of Comprehensive Gynecology, Medical-Legal Risk Management (2017.) The respect of the medical community provides access to leading experts and optimal results.
When Jay isn’t working, he enjoys spending time with his family, watching his kids play sports and attending various other sporting events.
Read more about Attorney Jay Kelley of Elk & Elk Co., Ltd.
Settlements and Verdicts
$10 Million Verdict – 2004
Claim arising from Spinal surgery to correct Scoliosis. Lucas County. Case resolved pending appeal and post-trial motions.
$9.88 Million Verdict – 2006
Birth injury claim. (Portage County Record). Portage County. Case resolved pending appeal and post-trial motions.
Neonatal brain injury settlement. Specific terms are confidential.
Surgical complication resulting in global brain injury.
$6 Million – 2003
The patient was administered a paralytic agent negligently resulting in an arrest and death while in the ICU, Federal Court resolutions.
$5.05 Million – 2009
Plaintiff suffered an anoxic brain injury in the recovery room from a combination of Morphine, Valium and airway risk factors. Montgomery County verdict. Verdict reduced to comport with Ohio laws and damage caps. Case settled during post-trial motions with one defendant. The judgment remains versus the other.
Mismanagement of Labor resulting in HIE/ CP in newborn. Settlement among multiple parties.
Mismanagement of intrapartum care of twins results in Twin “A” suffering Hypoxic Ischemic Encephalopathy, 2008, settlement.
Failure to appropriately respond to changes on fetal tracing resulting in HIE / CP in newborn.
$4.55 Million – 2019
$4.5 Million – 2011
Result for Labor and delivery claim resulting in hypoxic injury.
$4.375 Million – 2019
Wrongful death of 77-year-old client due to propane tank explosion.
$4 Million – 2019
Birth injury secondary to the management of neonatal resuscitation.
$3.9 Million – 2007
Mismanagement of Labor and delivery, including a failure to recognize warning signs on Fetal Tracings resulting in Neurologic Injury (CP) to the infant.
$3.5 Million – 2012
Resolution for a birth injury in a premature child.
Result for injury to neonate/child following placement of a PEG tube, 2011.
Surgical error case, pregnant female.
Neonatal injury following PEG tube placement.
$3.25 Million – 2020
$3 Million – 2017
Injured minor secondary to birth trauma.
Man burned over arms, legs, and torso from an explosion.
$2.875 Million – 2017
$2.75 Million – 2017
$2.5 Million Verdict – 2006
Mismanagement of preterm labor resulting in stillbirth. Miami County, Ohio. Case resolved at insurance limits post-verdict.
Death of mother secondary to hemorrhage following delivery.
$2.3 Million – 2018
Maternal death, multiple defendants. Failure to timely respond to postpartum arrest.
$1.9 Million Settlement
Neurologic injury, secondary to epidural creating subdural hematoma.
Botched sinus surgery resulting in neurological issues.
$1.47 Million – 2017
Resolution for injury/death of a three-year-old minor.
$1.5 Million – 2011
Result for surgical error.
Resolution for herniated disks following an accident with a city truck.
Delay in diagnosing breast cancer.
$1.375 Million – 2018
Medical Malpractice/Wrongful Death.
Failure to diagnose prostate cancer – resulted in cancer progressing to Stage IV by diagnosis.
Delay in Diagnosis and Treatment of Tongue Cancer Case.
$950,000 – 2018
Delay in diagnosis of cancer.
New Jersey Pro Hac Vice with co-counsel, Louis DeVoto, wrongful death of a 21-year-old female who arrested secondary to pyelonephritis. Code blue was issued in the case.
Wrongful death, cardiac cath complicated by re-occlusion resulting in arrest. Local counsel Rosetti & DeVoto.
Oversaw the handling and resolution of claims related to birth control patches resulting in blood clots.
**All lawsuits are different and Elk & Elk makes no representation or promises that it can obtain the same results in other cases. These results do not guarantee, warrant, or predict the outcome of any future legal matter. You should consult an attorney for advice regarding your individual situation.
Nicholas C. – May 2019
Attorney Jay Kelley and his law firm helped to navigate a very difficult part of our lives. Jay was very responsive to our needs and answered our questions through every step of the process. Jay is top notch and I would highly recommend him to anyone seeking representation.
Julie B. – May 2019
Jay and his team were very professional. They were efficient and always available to be reached for questions. We definitely felt comfortable having them represent us and would recommend to anyone who needs their services!