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 Michael
E. O’Neill moneill@omwlegal.com Michael O'Neill is an established trial lawyer with more than 21 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. Mr. O'Neill focuses his litigation practice in the areas of professional liability, including the defense of physicians and lawyers, as well as general liability matters involving catastrophic personal injuries. He has tried jury cases to verdict involving obstetrical, gynecologic, orthopedic, neurosurgical, ophthalmologic, otolaryngology, infectious disease, emergency medicine, radiology, family practice, pediatric, dental and complex surgical matters, as well as legal malpractice, premises liability, wrongful death and construction accident cases. In July, 2010 Mr. O'Neill left Hinshaw & Culbertson LLP to become a founding partner in the civil litigation boutique law firm of O'Neill McFadden & Willett LLP in Dyer, Indiana. The firm specializes in the defense and trial of professional liability claims and complex tort, employment law and commercial litigation throughout the State of Indiana.
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. In 2011, Mr. O'Neill tried the following two (2) jury cases to verdict: 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 (on appeal).
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.
In 2009, Mr. O’Neill tried the following four (4) jury
trials:
Spear v. Nootens, Lake Superior Court, Hammond, Indiana,
June 1-4, 2009. Whether defendant
cardiologist failed to properly treat acute bacterial endocarditis
resulting in the death of a 17-year-old.
Defense Verdict.
Harris v. Stang, Lake Superior Court, Crown Point,
Indiana, April 27-30, 2009. Whether
defendant obstetrician failed to diagnose shoulder dystocia during
labor and delivery of newborn, resulting in permanent brachial
plexus nerve damage.
Defense Verdict.
Estate of Kissel v. Lomax, Hamilton Superior Court,
Noblesville, Indiana, March 9-11, 2009. Whether defendant
pediatrician failed to recommend appropriate vaccination to infant
resulting in death from bacterial meningitis.
Dr. Lomax dismissed with
no payment made on third day of jury trial.
Curry v. Friedenburg, Marion Superior Court,
Indianapolis, Indiana, February 3, 2009. Whether defendant pediatrician failed to
properly diagnose and treat diabetes mellitus insipidus.
Case dismissed during
jury selection.
In 2008, Mr. O’Neill tried four (4) cases to verdict: Estate of Aiken v. Cooper, Marion Superior Court, Indianapolis, Indiana, December 9-15, 2008. Whether defendant neurosurgeon’s failure to diagnose and surgically treat an epidural abscess caused the plaintiff to become a paraplegic. Defense Verdict. Guenther v. Bowers, Lake County Superior Court, Hammond, Indiana. December 1-8, 2008. Whether defendant gynecologist’s failure to perform total abdominal hysterectomy resulted in a missed diagnosis of cervical cancer. 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. Whether defendant ER physician’s failure to diagnose coronary artery disease resulted in the sudden cardiac death of the patient. Defense Verdict. Estate of Jernigan v. Pirtle, Lake Superior Court, Crown Point, Indiana, July 28-August 1, 2008. Whether defendant family physician failed to timely diagnose and treat breast cancer resulting in the death of the patient. Verdict for plaintiff in the amount of $15,000. Other significant jury trial verdicts include: Sedden v. Nichols, Marion Superior Court, Indianapolis, Indiana, January 25-31, 2005. Whether defendant’s failure to diagnose and treat diabetes caused a severe necrotizing infection. Defense Verdict. Estate of Scott v. Pediatric Surgery, Inc., Marion Superior Court, Indianapolis, Indiana, April 18–27, 2005. Whether defendants’ failure to diagnose deep vein thrombosis/pulmonary embolism following abdominal surgery resulted in the death of a 17-year-old patient. Defense Verdict. Mubarak v. Rougraff, Marion Superior Court, Indianapolis, Indiana, September 12-14, 2004. Whether defendant’s failure to remove windshield glass from plaintiff’s elbow during post-trauma surgery to repair open compound fracture resulted in multiple subsequent surgeries. Case dismissed by plaintiffs with prejudice on third day of 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: Carter v. Robinson, 977 N.E.2d 448 (Ind.Ct.App. 2012), transfer pending. 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).
DTCI conference: "Effective Direct Examination Techniques for Presentation of Expert Witness," November 2012. "The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks" "The Adaptable Lawyer: Staying Practical in Today's Complex Legal Environment" "The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks" "The Adaptable Lawyer: Staying Practical in Today's Complex Legal Environment" "Fees, Fees, Fees: Best Practices and Good Ideas" "Fees: What's the Fuss?" "The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks" "Building a Solid Foundation – Managing Law
Practice Risk" "Building a Solid Foundation – Managing Law
Practice Risk" "The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks" “Building a Solid Foundation – Managing Law
Practice Risk” “The Less-Than-Perfect Doctor-Patient
Relationship: Case Studies and Tips” “Judgmental Immunity – A Modern Look at the Legal
Profession’s Oldest Defense” “Conflict of Interest: A Practical Approach to
What You Must Know and Why” “Conflict of Interest: A Practical Approach to
What You Must Know and Why” “Building a Solid Foundation – Managing Law
Practice Risk” “Informed Consent, Is it Really
Necessary?” “Conflict of Interest: A Practical Approach to
What You Must Know and Why” “Packing your Parachute: Preparing for Law
Practice Risk” “Legal Malpractice Winning Trial Strategies: Role
of Experts, Ethics, Judges and Jury” “Staying On Track in the Modern Legal World, or .
. . How to Get Paid Without Getting Sued” “Conflict of Interest: A Practice Approach to What
You Must Know and Why” “Problematic Patients and Difficult Defenses”
“Failure to Diagnose: A Continuing Challenge”
“And You Think You’ve Had a Bad Day: A Risk
Management Presentation” “Quality of Care, Utilization & Liability”
“Smooth Sailing: Navigating the Rough Waters of
Modern Day Practice” 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.
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At O’Neill McFadden & Willett LLP, we’ve grown our firm carefully to combine the personal service of a smaller, boutique firm, with the sophistication and experience of a larger law firm. Founded in 2010, our practice includes a staff of attorneys and paralegals who work together to provide personal services to a client list that grows larger with each passing month.
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