Michael E. O’Neill

Mike O’Neill is an experienced trial lawyer with more than 27 years of civil trial and appellate experience. He holds an AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability, and has been repeatedly selected as an Indiana Super Lawyer®.  In 2016, the Defense Trial Counsel of Indiana presented Mr. O’Neill with DTCI’s Defense Lawyer of the Year Award.

Mike O’Neill focuses his litigation practice in the areas of professional liability, including the defense of Physicians, Hospitals, Lawyers and Accountants, as well as complex commercial litigation and general liability matters involving catastrophic personal injuries. He has tried bench trials and jury cases to verdict involving obstetrical, gynecologic, urologic, orthopedic, pulmonology, neurosurgical, ophthalmologic, otolaryngology, infectious disease, emergency medicine, radiology, family practice, pediatric, nursing, dental and complex surgical matters, as well as legal malpractice, premises liability, wrongful death, business disputes and construction accident cases. Mike is also a frequent speaker at CLE and Risk Management seminars for physicians and lawyers.

Mike O’Neill is a founder and the managing partner in the law firm O’Neill McFadden & Willett LLP in Schererville, Indiana. Prior to starting his firm, Mike O’Neill was a partner at a national law firm, Hinshaw & Culbertson LLP, where his practice focused primarily on large exposure litigation defense, professional liability defense and risk management services to professional organizations. He is licensed to practice law in both Indiana and Illinois.

 

Representative Trials and Appellate Decisions

Mr. O’Neill has tried multiple significant exposure jury cases to verdict. Following are representative verdicts:
  • Shaw v. Sundaram, ____ N.E.3d _____ (Ind. Ct. App. 2018) (2018 WL 4003009)
  • Wallick v. Inman, Marion County Superior Court, Indianapolis, Indiana. September 14 – 26, 2018. Defense Verdict.
  • Boyd v. Kaul and Wack, Marion Superior Court, Indianapolis, Indiana, September 25 – October 5, 2017. Defense Verdict.
  • Shaw v. Sundaram, Marion Superior Court, Indianapolis, Indiana, April 17 – April 25, 2017. Defense Verdict.
  • Perez v. Hu, Lake County Superior Court, Crown Point, Indiana, October 31 – November 4, 2016. Defense Verdict. (Judgment reversed on appeal and awaiting a new trial date).
  • Barton v. Gabriele Eye Institute, Inc., St. Joseph County Superior Court, South Bend, Indiana, August 8 – August 12, 2016. Defense Verdict.
  • Reed v. Obstetrics & Gynecology of Indiana, Hamilton County Superior Court, Noblesville, Indiana, July 25 – July 29, 2016. Defense Verdict.
  • McCammon v. McGlothan, Hamilton County Circuit Court, Noblesville, Indiana, February 2 – February 5, 2016. Defense Verdict.
  • Fisher v. Kim, Vigo County Superior Court, Terre Haute, Indiana, November 30 – December 3, 2015. Defense Verdict.
  • Dunham v. Kucharzyk, et al., Lake Superior Court, Crown Point, Indiana, October 19 – 28, 2015. Defense Verdict.
  • Barfield v. Methodist Hospital, Lake Superior Court, Crown Point, Indiana, June 16 – 19, 2014. Defense Verdict.
  • Lane v. Mercho, Vigo Superior Court, Terre Haute, Indiana, March 31 – April 4, 2014. Defense Verdict.
  • Cooley v. Yoon, et al., Lake Superior Court, Crown Point, Indiana, November 18-26, 2013. Defense Verdict.
  • Katsaros v. Loeb, et al., Jasper Superior Court, Rensselaer, Indiana, September 23-October 2, 2013. Defense Verdict.
  • Dallas v. Ylagan, Porter Circuit Court, Valparaiso, Indiana, September 24-28, 2012. Defense Verdict.
  • Dickson v. Zonakis, Porter Circuit Court, Valparaiso, Indiana, July 16-20, 2012. Verdict for Plaintiff.
  • Teets v. Karpik, Lake Superior Court, Crown Point, Indiana, August 30-September 2, 2011. Defense Verdict.
  • Robinson v. Carter, Lake Superior Court, Crown Point, Indiana, September 26-30, 2011. Verdict for Plaintiff.
  • Guenther v. Bowers, Lake Superior Court, Hammond, Indiana, February 22-March 1, 2010. Defense Verdict.
  • Estate of Crawford v. Volkman, Lake Superior Court, Gary, Indiana, June 21-25, 2010. Hung jury.
  • Estate of Jerkan v. Cortez, Lake Superior Court, Hammond, Indiana, August 9-16, 2010. Defense verdict.
  • Roldan v. Ham, Lake Superior Court, East Chicago, Indiana, November 29-December 2, 2010. Defense verdict.
  • Spear v. Nootens, Lake Superior Court, Hammond, Indiana, June 1-4, 2009. Defense Verdict.
  • Harris v. Stang, Lake Superior Court, Crown Point, Indiana, April 27-30, 2009. Defense Verdict.
  • Estate of Kissel v. Lomax, Hamilton Superior Court, Noblesville, Indiana, March 9-11, 2009. Our client dismissed with no payment made on third day of jury trial.
  • Curry v. Friedenburg, Marion Superior Court, Indianapolis, Indiana, February 3, 2009. Case dismissed during jury selection.
  • Estate of Aiken v. Cooper, Marion Superior Court, Indianapolis, Indiana, December 9-15, 2008. Defense Verdict.
  • Guenther v. Bowers, Lake County Superior Court, Hammond, Indiana. December 1-8, 2008. Hung jury at conclusion of deliberations. (Re-tried to a Defense Verdict in February, 2010).
  • Estate of Smith v. Johnson, Porter Superior Court, Valparaiso, Indiana, August 25-September 2, 2008. Defense Verdict.
  • Estate of Jernigan v. Pirtle, Lake Superior Court, Crown Point, Indiana, July 28-August 1, 2008. Verdict for plaintiff’s Estate in the amount of $15,000.
  • Sedden v. Nichols, Marion Superior Court, Indianapolis, Indiana, January 25-31, 2005. Defense Verdict.
  • Estate of Scott v. Pediatric Surgery, Inc., Marion Superior Court, Indianapolis, Indiana, April 18–27, 2005. Defense Verdict.
  • Mubarak v. Rougraff, Marion Superior Court, Indianapolis, Indiana, September 12-14, 2005. Case dismissed by plaintiffs with prejudice on third day of jury trial after court took motion for directed verdict under advisement.
Mr. O’Neill has also handled a significant number of appeals. His reported appellate decisions include:
  • P.K.B. v. G. & A., 65 N.E.3d 1114 (Ind.Ct.App. 2016)—Affirming summary judgment in favor of a law firm in a professional liability claim.
  • Moryl v. Ransone, 987 N.E.2d 1159 (Ind.Ct.App. 2013), trans. granted. 4 N.E.3d 1133 (Ind. 2014).
  • Carter v. Robinson, 977 N.E.2d 448 (Ind.Ct.App. 2012), transfer to Indiana Supreme Court denied.
  • Price v. Kuchaes, 950 N.E.2d 1218 (Ind.Ct.App. 2011).
  • Wallace v. McGlothan, 606 F.3d 410 (7th Cir.2010).
  • Miller v. Yedlowski, 916 N.E.2d 240 (Ind.Ct.App. 2009).
  • Blaker v. Young, 911 N.E.2d 648 (Ind.Ct.App. 2009).
  • Estate of Bush v. Haas, 894 N.E.2d 229 (Ind.Ct.App. 2008), transfer to Indiana Supreme Court denied.
  • Back v. Cain, 889 N.E.2d 1253 (Ind.Ct.App. 2008), transfer to Indiana Supreme Court denied.
  • Davis v. Linton, 887 N.E.2d 960 (Ind.Ct.App. 2008). Oral argument webcast, October 31, 2007. Available online at www.indianacourts.org/apps/webcasts.
  • Rood v. Saber, 844 N.E.2d 502 (Ind.Ct.App. 2006).
  • Gallant Insurance Co. v. Oswalt, 762 N.E.2d 1254 (Ind.Ct.App. 2002), transfer to Indiana Supreme Court denied (2002).
  • Alderson v. Southern Co., 747 N.E.2d 926, 321 Ill. App.3d 832 (Ill.Ct.App. 2001), transfer to Illinois Supreme Court denied October 3, 2001, cert. denied, U.S. Supreme Court, May 20, 2002.
  • Fridono v. Chuman, 747 N.E.2d 610 (Ind.Ct.App. 2001), transfer to Indiana Supreme Court denied (2001).
  • Bernstein v. Glavin, 725 N.E.2d 455 (Ind.Ct.App. 2000), transfer to Indiana Supreme Court denied (August 15, 2000).
  • Northern Indiana Public Service Co. v. Sharp, 665 N.E.2d 610 (Ind.Ct.App. 2000), rev’d 790 N.E.2d 462 (Ind. 2003).
  • Northern Indiana Public Service Co. v. Bolka, 693 N.E.2d 613 (Ind.Ct.App. 1998), transfer to Indiana Supreme Court denied (1999).
  • Weinberg v. Geary, 686 N.E.2d 1298 (Ind.Ct.App. 1997).
  • American International Adjustment Co. v. Galvin, 86 F.3d 1455 (7th Cir. 1996) reh’g denied.
  • Sharp v. Northern Indiana Public Service Co., 665 N.E.2d 610 (Ind.Ct.App. 1996), transfer to Indiana Supreme Court denied, 683 N.E.2d 580 (1997).

Publications and Presentations

Mr. O’Neill speaks frequently at professional liability risk management seminars throughout the state of Indiana and elsewhere, dealing with a variety of professional liability issues. His presentations include:
  • “The Legal Malpractice Action – The Labyrinth of a Case-Within-A-Case” published in The Indiana Lawyer, Volume 28, No. 18; November 1-14, 2017.
  • “Ahead of the Curve, Risk Management for Lawyers”
    CLE Seminar, Ritz Charles, Carmel, Indiana, July 18,2017
  • “Indiana Ethics 2017”
    A CLE Presentation, Goshen City Bar Association, June 8,2017
  • “Debunking and Redefining the Reptile theory Part 2: Trial Tactics”
    Webinar (National audience), DRI and the Florida Defense Lawyers Association, June 2016.
  • “Debunking and Redefining the Reptile theory Part 1: Discovery Tactics”
    Webinar (National audience), DRI and the Florida Defense Lawyers Association, January 2016.
  • “Indiana Ethics 2015”
    A CLE Presentation, Goshen City Bar Association, November 12, 2015.
  • “The Competitive Edge: Law Practice Risk Management”
    CLE Seminar, Ritz Charles, Carmel, Indiana, July 22, 2015.
  • “The Competitive Edge: Law Practice Risk Management”
    CLE Seminar, Northern Illinois University’s Hoffman Estates, Illinois campus, June 16, 2015.
  • “In Defense of Dentistry: Dental Professional Liability and Risk Management”
    Seminar, Indiana Dental Association’s 2015 Annual Meeting, French Lick Springs Report, French Lick, Indiana, June 11, 2015.
  • “The Lawyer as Advocate: Claims, Candor and Fairness under RPC 3”
    CLE Ethics Conference, Elkhart County Bar Association, Goshen, Indiana, November 13, 2014.
  • “How to Run Meetings and Resolve Conflicts”
    Seminar, St. Joseph College Seminary at Loyola University, Chicago, Illinois, October 27, 2014.
  • “The Competitive Edge: Law Practice Risk Management”
    CLE Seminar, Ritz Charles, Carmel, Indiana, July 15, 2014.
  • “How to Run Meetings and Resolve Conflicts”
    Seminar, St. Joseph College Seminary at Loyola University, Chicago, Illinois, October 28, 2013.
  • “Winning Trial Strategies: Role of Experts, Ethics, Judges, and Jury”
    CNA Partners’ Conference, Amelia Island, Florida, October 16, 2013.
  • “Disclosure: When an Unanticipated Event Occurs”
    Medical Protective Risk Management Seminar, Indianapolis, Indiana, October 2, 2013.
  • “The Adaptable Lawyer: Staying Practical in Today’s Complex Legal Environment”
    CNA Risk Management CLE Seminar, Indianapolis, Indiana, July 24, 2013.
  • “Issues Raised by working with Co-counsel”
    Published in the Attorney Pro Ally Newsletter, Issue #13, Summer 2013.
  • “Fees, Fees, Fees: Best Practices and Good Ideas”
    Attorney Protective Risk Management Webinar, June 11, 2013.
  • “Conflicts of Interest: What You Must Know and Why…”
    CLE Ethics Program, Goshen, Indiana, November 8, 2012.
  • “Effective Direct Examination Techniques for Presentation of Expert Witness”
    DTCI Conference, November 2012.
  • “Malpractice Claims Against Radiologists: Strategies to Mitigate Risks”
    Munster, Indiana, October 29, 2012.
  • “The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks”
    Risk Management CLE. Indianapolis, Indiana, September 12, 2012.
  • “The Adaptable Lawyer: Staying Practical in Today’s Complex Legal Environment”
    CNA and Pearl Insurance Risk Management CLE. Seminar, Indianapolis, Indiana, July 25, 2012.
  • “The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks”
    Medical Protective Company. Indianapolis, Indiana, May 2, 2012.
  • “The Adaptable Lawyer: Staying Practical in Today’s Complex Legal Environment”
    CNA Risk Management CLE Webinar, February 28, 2012.
  • “Fees, Fees, Fees: Best Practices and Good Ideas”
    Attorney Protective Webinar, January 10, 2012.
  • “Fees: What’s the Fuss?”
    Goshen City Bar Association. Goshen, Indiana, November 10, 2011.
  • “The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks”
    Risk Management CME. Indianapolis, Indiana, October 11, 2011.
  • “Building a Solid Foundation – Managing Law Practice Risk”
    Risk Management CLE. Indianapolis, Indiana, July 27, 2011.
  • “Building a Solid Foundation – Managing Law Practice Risk”
    Risk Management CLE. Munster, Indiana, May 18, 2011.
  • “The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks”
    Risk Management CME. Indianapolis, Indiana, May 11, 2011.
  • “Building a Solid Foundation – Managing Law Practice Risk”
    CNA and Pearl Insurance. Indianapolis, Indiana, July 2010 and via live webcast, August 2010.
  • “The Less-Than-Perfect Doctor-Patient Relationship: Case Studies and Tips”
    Medical Protective Company. Indianapolis, Indiana, March 2010 and Hammond, Indiana, May 2010.
  • “Judgmental Immunity – A Modern Look at the Legal Profession’s Oldest Defense”
    9th Annual Legal Malpractice & Risk Management Conference. Chicago, Illinois, March 2-4, 2010.
  • “Conflict of Interest: A Practical Approach to What You Must Know and Why”
    WestLegalEdcenter live webcast. January 2010 and May 2010.
  • “Conflict of Interest: A Practical Approach to What You Must Know and Why”
    Goshen City Bar Association. Goshen, Indiana, November 2009.
  • “Building a Solid Foundation – Managing Law Practice Risk”
    CNA and Pearl Insurance. Evansville, Indiana, October 2009; Carmel, Indiana, July 2009; and Munster, Indiana, May 2009.
  • “Informed Consent, Is it Really Necessary?”
    OrthoIndy. Indianapolis, Indiana, March 2009.
  • “Conflict of Interest: A Practical Approach to What You Must Know and Why”
    West LegalEdcenter live webcast. March 2009.
  • “Packing your Parachute: Preparing for Law Practice Risk”
    CNA and Pearl Insurance. October, September, July, and May 2008; October, September, July, and May 2007; October, September, and July 2006.
  • “Legal Malpractice Winning Trial Strategies: Role of Experts, Ethics, Judges and Jury”
    CLE Presentation. Chicago, Illinois, June 2008.
  • “Staying On Track in the Modern Legal World, or . . . How to Get Paid Without Getting Sued”
    CLE presentation, Midwest Lawyers, LLC. Chicago, Illinois, May 2008.
  • “Conflict of Interest: A Practice Approach to What You Must Know and Why”
    CNA Insurance. Chicago, Illinois, May 2008.
  • “Problematic Patients and Difficult Defenses”
    ProAssurance Group. Indianapolis, Indiana, November 2007.
  • “Failure to Diagnose: A Continuing Challenge”
    ProAssurance Group. Indianapolis, Indiana, October 2007.
  • “And You Think You’ve Had a Bad Day: A Risk Management Presentation”
    ProAssurance Group. Merrillville, Indiana, May and June 2007.
  • “Quality of Care, Utilization & Liability”
    St. Anthony Hospital Quality of Care Symposium. Crown Point, Indiana, May 2007.
  • “Smooth Sailing: Navigating the Rough Waters of Modern Day Practice”
    ProAssurance Group. Muncie, Indiana, April, May and June 2006.
  • Mr. O’Neill is also the author of “Inadvertently Disclosed Information: Do I Have to Give it Back?”
    published in The LawyerCare Newsletter, Volume 9, Number 2, September 2008.

In 2007 Mr. O’Neill was appointed to serve on the Board of Advisors to St. Joseph College Seminary at Loyola University of Chicago. In April 2009, St. Joseph College presented Mr. O’Neill with its annual “Wall of Fame” alumni award.

Education

  • J.D., University of Notre Dame Law School 1991
  • B.A., Loyola University of Chicago 1984

Bar Admissions

  • Indiana 1991
  • Illinois 1992

Courts

  • U.S. District Court, Northern District of Indiana 1991
  • U.S. District Court, Southern District of Indiana 1991
  • U.S. Court of Appeals, Seventh Circuit 1991
  • U.S. Supreme Court 2001

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