Henry P. Giessel
Shareholder
BIO
Biography
Henry Giessel has been repeatedly honored for his expertise in litigation. In the June 2000 he was recognized as one of the Legal Legends of the Texas Bar in a Special Commemorative Edition of Texas Lawyer.
(Click here to see the article)
Henry P. Giessel, born in Germany, July 30, 1927; admitted to the State Bar of Texas, 1950. Hank, as he is known to his friends, graduated from the University of Texas Law School (L.L.B. 1950) where he was editor of the University of Texas Law Review. For over four decades, he has distinguished himself as a trial lawyer not only in Texas, but also across the country. Recently, he participated as trial and appellate counsel for the Plaintiff in Mendoza v. Summit Care where the jury returned the 2nd largest nursing home verdict in U.S. history. A list of notable cases where Hank has served as both trial and appellate counsel is included below. His recognition as a “Legal Legend” in the state of Texas is a reflection of his accomplishments in the courtroom.
Not only has Henry been at the forefront of changing tort law through the numerous cases he has argued before Appellate Courts, he has frequently served as an adjunct Professor at the University of Houston Law School. Henry’s counsel and litigation abilities are an integral part of this firm.
PROFESSIONAL BACKGROUND
Professional Background
SHAREHOLDER, Marks, Balette, Young & Moss, P.L.L.C., January 2016 to present
SHAREHOLDER, Marks, Balette, & Giessel, P.C., February 2005 to December 2015
OF COUNSEL, The Marks Firm, July 1998 to February 2005
FOUNDER & DIRECTOR, Giessel, Barker, Lyman, 1952 to July 1998 (formerly Talbert & Giessel, Talbert, Giessel & Stone, Giessel & Stone, Giessel, Stone Barker & Lyman)
ASSOCIATE, Law Offices of George Red, 1950-1952
EDUCATION
Education
University of Texas, School of Law, L.L.B. 1950
Quizmaster, Order of The Coif
Admitted to the Bar 1949
PROFESSIONAL CONTRIBUTIONS
Professional Contributions
PAST PRESIDENT, American Board of Trial Advocates, Houston Chapter
ADJUNCT PROFESSOR, University of Houston, School of Law, 1975 to 1979
MEMBER, Houston Bar Association, 1970 to present
LECTURER, Texas Judicial Conference, 1966
NOTABLE VERDICTS & SETTLEMENTS
Notable Verdicts & Settlements
Mendoza v. Summit Care Corp., et al. (02/22/2006)
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Senior Living Properties, LLC v. Zurich (04/22/2004)
Bailey v. Senior Living Properties, LLC, et al. (07/23/2003)
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Larson v. Mariner Post-Acute Network, Inc., et al. (10/14/2005)
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Hollins v. Cleaver Memorial Convalescent Center, et al. (11/26/2002)
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David v. Heartway Corporation, et al. ((12/06/1999)
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Gross v. Horizons/CMS Healthcare Corporation (9/13/1999)
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Reed v. Senior Living Properties, LLC, et al. (07/23/2003)
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Pyle v. Telesis/Walnut Place Nursing Home, Inc. (04/19/1999)
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Moore v. Confidential Defendants (12/08/2003)
Lowe v. Summit Care-Texas, Inc. (07/01/2004)
Hughes v. Senior Living Properties, LLC, et al. (07/23/2003)
Parks v. Southwood Nursing Home (02/19/2003)
Smith v. Senior Living Services, Inc., et al. (07/23/2003)
Tenczynski v. Nissi Care Homes, et al. (05/12/2003)
OTHER NOTABLE CASES
Other Notable Cases
Casas v. Paradez, 267 S.W.3d 170 (Tex. App.-San Antonio, 2008)
Heritage Housing Development, Inc. v. Carr, 199 S.W.3d 560 (Tex. App.-Houston [1st Dist.], 2006)
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In Re Gladewater Healthcare Center, 2009 WL 454352 (Tex. App.-Texarkana)
In Re Gladewater Healthcare Center, 2009 WL 454355 (Tex. App.-Texarkana)
Amwest Sav. Ass’n v. Statewide Capital, Inc., 144 F.3d 885 (5th Cir. 1998)
Benavidez v. Anheuser Busch, Inc., 873 F.2d 102 (5th Cir. 1989)
Continental Cas. Co. v. Hall, 761 S.W.2d 54 (Tex. App. -Houston [14th Dist.], 1988)
Swain v. Johnson, 750 S.W.2d 343 (Tex. App. -Beaumont, 1988)
Kelley v. Atlantic Gulf Stevedores, Inc., 681 S.W.2d 275 (Tex. App. -Houston [14th Dist.], 1984)
General Motors Corp. v. Grizzle, 642 S.W.2d 837 (Tex. App. -Waco, 1982)
Union Carbide Corp. v. Burton, 618 S.W.2d 610 (Tex. App. -Houston [14th Dist.], 1981)
PUBLICATIONS
Publications
“Why Institutions Lose Lawsuits (And Why They Might Deserve To),” Memorial Hermann Hospital System, Pressure Ulcers and the Law, Houston, Texas, August 2008.
“Deconstructing A Landmark Resident-on-Resident Abuse Nursing Home Case Against Summit Care Corp.,” Memphis, Tennessee, October 2006.
“Litigating Pressure Sore Cases,” Tennessee Trial Lawyers Association, Houston, Texas, August 2002.
“Ten Guidelines for Nursing Home Litigators In Bankruptcy Cases,” State Bar of Texas Nursing Home Liability CLE Presentation, Dallas, Texas, November 2002.
“10 Principles of Prosecuting a Pressure Sore Case,” Association of Trial Lawyers of America, Phoenix, Arizona, October 2001.
“Key Areas of Financial Accountability & Compliance,” National Citizens Coalition of Nursing Home Reform, October 2001.
“Closing Arguments: Punitive Damages,” Mealey Publications, January 25, 2001.
“Fundamentals of Nursing Home Litigation,” Andrews Publications, November 2000.
“Corporate Neglect and Quality of Care in Nursing Homes,” National Association of Medicaid Fraud Control Units, Austin, Texas, April 2000.
“Pursuing Abuse and Neglect Cases Against Chains, Individual Facilities and Individuals,” U.S. Department of Justice, Nursing Home Abuse And Neglect Prevention Conference, February 2000.
“Investigating and Pursuing Nursing Home Quality of Care Cases,” U.S. Department of Justice, October 26-27, 1999.
“Nursing Home Liability: Why The Public Refuses To Tolerate Preventable Nursing Home Injury and Neglect,” Michigan Trial Lawyers Association, Nursing Home Liability Seminar, October 14, 1999.
“The Dorothy System: Tracking Nursing Home Staff Who Abuse Patients,” Sexual Assault Report, July/August 1998.
“New Issues in Litigating Nursing Home Cases,” Texas Trial Lawyers Association, May 1998.
“Old and New Issues in Litigating Nursing Home Cases,” State Bar of Texas, Advanced Medical Malpractice Course, March 13-14, 1997.
“Red Flag Indicators of Neglect and Abuse in Nursing Homes – A Litigator’s Perspective,” Harris County Department of Social Services, October 10, 1996.
“Neglect in Nursing Homes,” TRIAL, February 1996.
“Liability of Hospitals and Other Health Care Providers for Their Failure to Report the Abuse, Neglect or Exploitation of Nursing Home Residents,” Association of Trial Lawyers of America, 1996.
“Litigating Cases Involving Pressure Sores to Improve Care,” Houston Bar Association, Elder Law Institute, April 1995.
“Recognizing and Combating Standard Defenses in a Nursing Home Case,” Association of Trial Lawyers of America, July 23-27, 1994.
“Maximizing Recovery of Actual Damages,” Association of Trial Lawyers of America, August 1-5, 1993.
“To Sue or Not To Sue: The Decisional Process of a Lawyer,” 86th Annual Scientific Assembly of the Southern Medical Association, November 12-15, 1992.
“Damages Voir Dire in Nursing Home Cases,” Texas Trial Lawyers Association, Voir Dire Seminar, December 5-6, 1991.
“What the Hearsay Rule Really Means,” State Bar of Texas, Advanced Evidence and Discovery Course, November 1991.
“Nursing Home Litigation: Personal Injury & Medical Malpractice,” American Trial Lawyers Association, Toronto, Canada, July 21-25, 1991.
“To Sue or Not to Sue: The Decisional Process of a Lawyer,” Association of Trial Lawyers of America Winter Convention, 1991.
“Pleading and Discovery Strategies in the Nursing Home Malpractice Case,” Southern Trial Lawyers of America Winter Convention, 1991.
“Verdict and Settlement Expectancy in a Nursing Home Maltreatment Case,” Association of Trial Lawyers of America Winter Convention, 1990.
“The Missing Link: The Nexus Between Corporate Policy and Wrongful Death,” American Academy of Forensic Sciences 41st Annual Proceedings, February 1989.
“Identifying and Attacking Improper Answers to Request for Admissions,” State Bar of Texas, Advanced Evidence And Discovery Course, November 1989.
“A Challenge for Health Care Professionals: Legal-Medical Issues,” Texas Tech University School of Nursing, 1988.
“Medical-Legal Implications of Nutritional Support, Nutrition and Aging III Symposium,” University of Arkansas School of Medicine And John L. McClellan Memorial Veterans Hospital, September 1987.
“Strategies for Decreasing Legal Risks and Hazards,” University of Texas at Austin School of Nursing, September 1987.
“Accountability for the Gerontological Nurse: A Legal Doomsday or an Opportunity for Increased Autonomy?” Journal of Gerontological Nursing 13:26, March, 1987.
“Trial of a Nursing Home Neglect Case,” Medicaid Fraud Source Book, National Medicaid Fraud Training Conference, 1986.
“Corporate Criminal Liability,” National College of District Attorneys Executive Prosecutors Manual, 1986.
“Utilization of Analytical Matrix Configurations to Measure Care Potentials: A System for Evaluating Quality of Care in the Long Term Facility,” Special Committee on Aging, United States Senate Ninety-Eighth Congress, 1983.
“Quality Assurance Under Prospective Reimbursement Program,” Special Committee on Aging, United States Senate, Ninety-Eighth Congress, 1983.