Mike O’Neill and Kelly McFadden successfully defended an Ophthalmology practice in the St. Joseph County Superior Court, South Bend, Indiana in a jury trial where the plaintiff alleged that the Ophthalmology practice negligently treated plaintiff’s eye infection resulting in the total loss of her right eye. A Medical Review Panel unanimously found that the ophthalmologist… Read more »
Daniel W. Glavin and Angela M. Jones successfully defended a funeral home in a claim alleging that embalming techniques employed were sub-par. Plaintiffs were the survivors of a young Kenyan immigrant who drowned in an apartment complex pool. Because of the accidental nature of the death, an autopsy was ordered. In the course of the… Read more »
Mike O’Neill and Michelle Burchett successfully defended an OB/GYN practice in the Hamilton County Superior Court, Noblesville, Indiana in a jury trial where the plaintiff alleged that a Medical Assistant who handles phone triage for obstetrical patients calling the doctors’ office with various concerns, questions and complaints had negligently failed to direct the plaintiff to… Read more »
Daniel W. Glavin obtained summary judgment on behalf of OMW’s client in a wrongful death case. Plaintiff was a carpenter-foreman of a crew constructing scaffolding for a project involving repair of damaged ductwork at a NIPSCO generating plant. He fell to his death after scaffolding was modified, apparently by another contractor working on the project…. Read more »
On June 14, 2016, Mike O’Neill co-presented a webinar to a National audience of lawyers titled “Debunking and Redefining the Reptile Theory Part 2: Trial Tactics.” This presentation was co-sponsored by the DRI and the Florida Defense Lawyers Association and addressed and defined “reptile” strategies used by plaintiffs’ attorneys, during the trial phase of litigation… Read more »
Generally speaking, unless a hospital or its staff was charged with a specific breach of the standard of care, hospitals maintained a relatively comfortable position in vicarious medical malpractice actions. They kept their heads low, let the physicians argue their positions and remained on the periphery. The evolution of legal precedent regarding vicarious liability claims,… Read more »
Daniel W. Glavin earned a dismissal with prejudice in a case in which OMW’s attorney-client was sued for abuse of process and negligent infliction of emotional distress. In preparing for a hearing in the underlying domestic matter, the attorney-client checked the court’s online arrest warrant docket and saw that an arrest warrant for the opposing… Read more »
Daniel W. Glavin recently obtained summary judgment on behalf of OMW’s attorney-client in a claim seeking damages for legal malpractice. The court concluded that plaintiff, who did not designate an expert, could not prevail as a matter of law without expert testimony to establish the standard of care. In addition, the court found that the… Read more »
Mike O’Neill and Marian Drenth successfully defended an Ophthalmologist in the Hamilton County Circuit Court, Noblesville, Indiana in a jury trial where the plaintiff alleged that the ophthalmologist negligently removed her right corneal flap following a hinge tear resulting in vision loss. The jury heard four days of evidence between February 2 – February 5,… Read more »
Two friends died in a single car accident after drinking at a private residence, an American Legion post and two taverns. The estate for each deceased man claimed that the other man had been driving while intoxicated. Julie Murzyn and Randall Nye successfully defended the Dram Shop Liability claims filed against the second tavern, Risner’s… Read more »
