“ The case involved the conviction of two high school students for sexually assaulting a young unconscious female student ,” he recalls . “ I feel we were able to send a strong message to our youth and parents about the significant damages caused by taking advantage of an unconscious and helpless young girl . We were able to remind our fathers , sons , brothers and nephews to always be respectful of women .”
In 2011 , Fitzsimmons was appointed to a panel to help mediate the claims of the 29 miners killed in the Upper Big Branch Mine disaster .
“ I was selected by the litigants and judge in Boone County to serve on a three-person mediation panel ,” he recalls . “ We successfully settled the 29 death cases and 65 personal injury cases to the satisfaction of all . This was a terrible tragedy not only for Boone County but for the world . No amount of money could ever replace a life or one ’ s health . Nonetheless , from a financial standpoint , we were able to make these families ’ lives better .”
His extensive and diverse work history has significantly enhanced his outside interests . Alongside Dr . Julian Bailes , Dr . Bennet Omalu and Dr . Jennifer Hammers , Fitzsimmons founded the Brain Injury Research Institute ( BIRI ) located at North- Shore University Hospitals in Chicago , IL , where he currently serves as a codirector . BIRI studies and examines the effects of head trauma and concussions .
The institute has autopsied the brains of more than 50 individuals since 2005 , including many former athletes , and has played an instrumental role in encouraging contact sports associations worldwide to properly diagnose , manage and treat concussions through rule changes .
In 2020 , the Fitzsimmons Foundation — established by Fitzsimmons ; his wife , Sunni ; sons , Rocky and Clayton ; and daughter , Kayleen — announced a gift of $ 1.25 million to establish the Fitzsimmons Center for Litigation and Advocacy at the WVU College of Law . The center will provide opportunities for students to enhance and grow their skill sets in litigation and written and oral advocacy . Fitzsimmons is particularly proud of this project because it was the brainchild of his three children .
“ They run the Fitzsimmons Foundation , a charitable foundation to help make life better for the citizens of West Virginia ,” he says . “ I am a huge fan of West Virginia University , and I am very proud of the accomplishments of our college of law . The center will provide additional opportunities to give our law students the tools to remain superior attorneys both in the state and nationally and gain specialized expertise in the fields of litigation and advocacy .”
Fitzsimmons ’ career has been characterized by service not only to his clients but to the legal profession . He has served
on the board of governors of the West Virginia State Bar and as a member of the West Virginia State Bar Lawyer Disciplinary Board Investigative Panel and fulfilled an appointment by the West Virginia Supreme Court to committees that revised the state ’ s rules of civil procedure , professional conduct and evidence . He most recently served as a member of the Judicial Investigation Commission .
Fitzsimmons enjoys doing the work he loves in his home state of West Virginia and can ’ t imagine living anywhere else .
“ I believe West Virginia has some of the greatest attorneys I have ever met in my 42 years of practicing law ,” he says . “ The legal profession is the greatest of all , and I have tried to continuously promote that fact and encourage my brothers and sisters of the bar to continue doing their great work . I believe lawyers provide the greatest influence , logic and reason to lead each of our communities to do the right things . Our world will continue to face significant legal issues and challenges , and we need to have the best-trained legal minds to guide us to the proper answers , which oftentimes are not easy .” •
WWW . WVEXECUTIVE . COM SUMMER 2021 115