Mr. Whitaker obtained his undergraduate degree from Louisiana State University in 2000, then worked for several years in a commercial capacity for a Dutch offshore towing and salvage company, with responsibility for vessels in Mexico, the Caribbean, and West Africa. Mr. Whitaker graduated from South Texas College of Law in 2006 and practiced with Sheehy, Serpe & Ware P.C. following a summer clerkship. He has been with Serpe Jones since its inception in February 2009. Mr. Whitaker’s practice is concentrated on medical malpractice, premises liability, toxic exposure and commercial litigation cases. He also leads the firm’s emergency response team which is frequently called upon to seek emergency orders for life sustaining medical treatment. Mr. Whitaker is an active member of his church and a devoted husband and father.
- Defense of health care liability claims in Texas and New Mexico involving a wide range of physician, nursing, and hospital issues such as: labor and delivery; obstetrics; neonatology; infectious disease; emergency medicine; pulmonology; gastroenterology; pediatrics; orthopedic surgery; general surgery; internal medicine; nursing; credentialing of physicians; and hospital committee and peer review privileges.
- Secured early dismissal of health care liability claim defendants, while obtaining an additional award of their attorney fees and costs.
- Secured summary judgment against physician claims against hospital for restraint of trade.
- Assisted with defense of military contractor in multi-plaintiff toxic tort arbitration for work performed in Iraq following Operation Iraqi Freedom. Arbitration Award disposed of all plaintiffs’ claims.
- Secured Federal Court dismissal in Oregon and Indiana on personal jurisdiction grounds related to multi-plaintiff toxic tort lawsuit arising from events in Iraq following Operation Iraqi Freedom.
- Secured Federal Court summary judgment rulings in Texas on all liability theories asserted in multi-plaintiff toxic tort lawsuit related to events in Iraq following Operation Iraqi Freedom.
- Second chaired trial of a home fire product liability suit against the client, a computer manufacturer. Defense verdict, jury trial.
- Second chaired trial of a suit brought by an employer against its employee for claims of misappropriation of trade secrets, breach of fiduciary duty, and statutory claims under federal and state computer fraud and abuse acts. Jury returned favorable verdicts on behalf of the employee.
- Assisted with recovery of approximately one million dollars owed to client for offshore construction work in Mexico.
- Secured early resolution of claims between commercial builder and subcontractors.
- Obtained judgments for oil and gas service clients for breach of rental agreements and suits on sworn account.
- Successful defense of trucking cases in several Texas venues.
- Successful defense of employment cases alleging breach of contract, discrimination, fraud and negligent misrepresentation.
- Secured multi-million dollar recovery for several Texas hospitals against insurer for under-reimbursement.
- Leads the firm’s Emergency Response Team, which is frequently called upon to secure orders for life-sustaining medical treatment.
- South Texas College of Law, J.D., 2006
- Louisiana State University, B.S., 2000
- Completed National Institute of Trial Advocacy (NITA), Skills Training Course
- State Bar of Texas
- United States District Court for the Southern District of Texas
Memberships and Affiliations
- Texas Bar Association
- Greater Houston Society for Healthcare Risk Management, Board Member and Treasurer 2018.
Publications & Presentations
- Co-authored presentation on maritime salvage awards for averting environmental risk; presentation given to the American Salvage Association by John Driscoll of Marline Spike Marine, LLC.
- Co-authored presentation, Resuscitating Infants–Liability for Saving Life, presented at 2007 ASHRM conference by John S. Serpe, Cathy Roberson, R.N., and Dr. Jay Goldsmith.
- Co-author for employment law updates for Texas Association of Defense Counsel for the Spring 2007 and Fall 2007 newsletters.
- Authored presentation, E-Discovery, presented in 2008 by John S. Serpe at the request of Community Health Services.
- Co-authored article, E-Discovery and Electronically Stored Information: Friend or Foe?, at the request of Zurich Insurance’s Healthcare Risk Management Division for publishing in Zurich’s quarterly newsletter.
- Co-authored presentation, Documenting Do’s and Don’ts, presented in 2009 by John S. Serpe for a Childbirth Conference at the request of the Medical Intelligence, Corp.
- Co-authored presentation, E-Discovery: Dream or Nightmare?, presented in 2009 by John S. Serpe and Sherrill Peters, BSN, ARM, CPHRM, FASHRM at the annual conference of the American Society for Health Care Risk Management.
- Co-authored presentation, E-Discovery & Electronically Stored Information: The Nightmare Continues, presented in 2010 by John S. Serpe and William H. Whitaker at the annual conference of the American Society for Health Care Risk Management.
- Co-authored presentation, E-Discovery: Updates, Examples & Tools for Health Care Providers, presented in 2011 by John S. Serpe and William H. Whitaker at the annual conference of the American Society for Health Care Risk Management.
- Authored in-service presentation, The Primary Care Physician and the Law, presented in 2011 by John S. Serpe to Texas Children’s Paediatric Associates.
- Authored and presented with John S. Serpe, Blood Products, Battery, and Religion & Consent, presented in 2012 at Grand Rounds for Woman’s Hospital of Texas.
- Presented Case Law Update: Is the Texas Supreme Court Making Chapter 74 More “Plaintiff Friendly” in 2013 at the education day for the Greater Houston Society for Health Care Risk Management.
- Co-Authored article and corresponding presentation, Never Events and Governmental Investigations – Standards, Discoverability, Admissibility, Hospital Liability, Audits, presented in 2013 by John S. Serpe at the Texas State Bar’s Advanced Medical Torts CLE in San Antonio, Texas.
- Co-Author and Co-Presenter of Disclosure of Unanticipated Events, presented in 2015 at HCA Summit.
- Grand Rounds presentation on C-Section, Consent and Court Orders.