Matthew Kelley is an advocate for healthcare providers and their medical practices throughout Virginia and West Virginia. He defends medical malpractice claims, Department of Health Professions investigations, medical credentialing disputes, and Section 1983 constitutional law claims. Mr. Kelley uses his legal and healthcare industry experience to provide strategic counseling to avoid litigation and, where appropriate, resolve claims prior to litigation. He regularly takes cases involving multi-million-dollar damages claims to trial and has a distinguished trial record in both State and Federal court. He was named a Super Lawyer for Medical Malpractice Defense in 2020, 2021, and 2022. Before 2020, he was named a Super Lawyers “Rising Star” for Medical Malpractice Defense.
Matthew uses his advanced scientific training and diverse legal experience to tackle complex medical malpractice and Section 1983 medical care (deliberate indifference) cases. His clients benefit from his prior experience as a cancer researcher in the Department of Pathology at the University of Virginia Health Sciences system, his advanced training in biotechnology at Johns Hopkins University, and his practical experience developing and protecting intellectual property related to new pharmaceutical compounds, medical devices, and biotechnological therapeutics.In 2022, Matthew was elected Secretary of the Board of Directors of the Virginia Association of Defense Attorneys (VADA). He has served on the VADA Board since 2016 including as the representative for Southwestern, Virginia. He is also a past Chair of the VADA Medical Malpractice Committee.
Matthew regularly lectures for the defense bar, his healthcare clients, and other organizations.And he is a frequent author on emerging medical-legal topics. Mr. Kelley’s article Defending Advanced Practitioners in the Age of Telemedicine and Expanding Autonomy, published in the Journal of Civil Litigation, was selected as the Journal’s 2022 Article of the Year. He is a contributing author in the Virginia CLE treatise Medical Malpractice Law in Virginia having provided the defense perspective for Chapter 9, “Trial.”
During his career, Matthew has represented a variety of clients including: private health care entities, individual healthcare providers, insurance companies, medical device companies,pharmaceutical companies, dermatopathology and other laboratory clients, major universities,start-up businesses, and individuals. He is based in Roanoke, Virginia, but handles matters throughout the Commonwealth (including Southwestern Virginia, Northern Virginia, Richmond,and the Tidewater areas) and in West Virginia.
- Johns Hopkins University (M.S. Biotechnology)
- George Mason University School of Law (J.D.)
- George Mason University Law Review, Associate Editor
- George Mason University Writing Fellow
- University of Virginia (B.A. Biology)
Areas of Practice:
- Medical Malpractice and Healthcare Law
- Virginia Board of Medicine Investigations
- Hospital Credentialing Disputes
- Products Liability/Dangerous/Defective Products
- Intellectual Property Litigation and Counseling
- West Virginia
- District of Columbia
- United States Patent and Trademark Office
- United States Court of Appeals for the Fourth Circuit
- Supreme Court of Virginia
- United States District Court for the Eastern District of Virginia
- United States District Court for the Western District of Virginia
- United States District Court for the Southern District of West Virginia
- Samuel Bernier and Matthew Kelley, “Defending Advanced Practitioners in the Age of Telemedicine and Expanding Autonomy,” Journal of Civil Litigation, (Spring 2022) (awarded 2022 article of the year).
- Matthew Kelley and Katie DeCoster, “Reviving the Illegality Defense for Opioid Overdose Lawsuits”, Journal of Civil Litigation (Fall 2017).
- Steven Ludwig and Matthew Kelley, “Patent Life Cycle Management: Patenting Improvements After KSR Int’l v. Teleflex”, BioProcess International Vol. 5, No. 8: p 92, September 2007.
- Steven Ludwig and Matthew Kelley, “Patent-centric Biotech Business Model Threatened by Court Rulings”, Baltimore Business Journal, February 2007.
- Eric Steffe and Matthew Kelley, “Intersection Between Biodefense and Patent Law: Federal Research Grants”, Project Bioshield, and 28 USC § 1498(a), Biotechnology Law Reporter, June 2005.
Professional Honors, Affiliations & Activities:
- Member – Virginia Bar Association
- Member, Board of Directors – Virginia Association of Defense Attorneys
- Member – Roanoke Bar Association
- Master of the Bench – The Ted Dalton American Inn of Court