Meyerson & O'Neill Attorneys at Law
Recent Successes
2015 was another very successful year. Major accomplishments included: Two seven figure (million dollar) successes for civil rights clients whose family members endured medical neglect and cruel and unusual punishment within prison facilities. Specifically, prison officials and contracted medical providers at two different prisons denied lifesaving medical care to a prisoner suffering from breast cancer and to a prisoner experiencing gastrointestinal sepsis. Meyerson & O’Neill is developing a national reputation for litigation of civil rights cases arising from a denial of adequate medical care in prison facilities. Firm’s lawyers are currently engaged in civil rights cases arising from medical negligence in Florida, Virginia, Pennsylvania, New Jersey and New York.

Wrongful death, medical malpractice and legal malpractice remain other areas of concentration for the firm. We obtained substantial recoveries in 2015 for a woman who experienced surgical malpractice (a severed ureter during kidney surgery) and a woman who sustained a severe sinus infection and osteomyelitis of the jaw following the utilization of a pharmaceutical product in a dental implant procedure.

Meyerson & O’Neill also achieved a major legal malpractice victory of national significance when the Court granted our motion to prevent a law firm’s effort to compel arbitration (rather than a jury trial) of their alleged legal malpractice in their representation of a former client.
Another seven figure (million dollar) success for another client of Meyerson & O’Neill. We just recently resolved a wrongful death/medical malpractice case in New Jersey arising from the negligent use of a heart lung bypass machine and the failure of the hospital personnel to properly monitor the patient while he was on the heart lung bypass machine. When the heart lung bypass machine malfunctioned, the patient bled to death. The result was only accomplished because Meyerson & O’Neill retained well qualified specialists in cardiothoracic surgery and perfusion (blood management during serious surgery).
Claims Against Pharmaceutical Drug Manufacturers
  • In 2012 M & O resolved over 40 lawsuits against multinational drug manufacturers for millions of dollars. Two of the cases each produced recoveries of $1.5 million or more. One client experienced a blood clot after taking a birth control product which crippled her optic nerve rendering her permanently blind. The second was the Estate of a middle aged father who experienced a stroke after taking his diabetes medication. These are two of the largest pharmaceutical settlements in the country in 2012.

    We are currently accepting similar cases on behalf of families where a child was born with a defect after the mother took Zoloft, Effexor, Topamax or another SSRI medication during her pregnancy.

    if you or a loved one has given birth to a child with a deformity after taking Zoloft Effexor, Topamax or another SSRI drug please, please contact us via our form or call 1-888-773-3515 for a free case evaluation.
Wrongful Death
  • Another seven figure (million dollar) success for another client of Meyerson & O’Neill. We just recently resolved a wrongful death/medical malpractice case in New Jersey arising from the negligent use of a heart lung bypass machine and the failure of the hospital personnel to properly monitor the patient while he was on the heart lung bypass machine. When the heart lung bypass machine malfunctioned, the patient bled to death. The result was only accomplished because Meyerson & O’Neill retained well qualified specialists in cardiothoracic surgery and perfusion (blood management during serious surgery).
  • A $1.45 million medical malpractice wrongful death recovery against a hospital based on substandard Emergency Room service and the incorrect diagnosis that our client was suffering from a stiff neck. Instead, our client, a juvenile, died one day later after being examined and released from the Emergency Room with a MRSA infection and Meningitis.
  • A legal malpractice action in West Virginia on behalf of a client whose lawyer in a wrongful death and medical malpractice action involving a doctor’s failure to diagnose an aneurism failed to initiate suit against the doctor within the statute of limitations. The lawyer then lied to the client about the dismissal and loss of the case. The settlement of Meyerson & O’Neill’s legal malpractice claim was substantially in excess of six figures.
  • Award of approximately $900,000 to a young widow and two tender-age daughters from a Medical Malpractice/Wrongful Death claim against a dermatologist who negligently caused the death of a patient he was treating for severe psoriasis by carelessly prescribing Methatrexate without monitoring the patient’s blood. Methatrexate is a drug with an FDA required black box warning stating that physicians must monitor a patient’s blood levels before and during use, because it can be toxic for certain patients, causing acute renal failure and even death. In this case, the patients’ blood was not monitored as required, despite the fact that the patient had a history of elevated kidney functions. Approximately a month after the dermatologist increased the patient’s dosage of Methatrexate without any blood monitoring, the patient died of Methatrexate toxicity.
  • A successful Civil Rights/Wrongful Death claim: Our client received a 10-day jail sentence in Virginia for driving without a license. He reported to the jail and brought with him vitally needed medications to combat his high blood pressure. While he was incarcerated, the jail medical staff noted his exceedingly high blood pressure readings, and yet failed to give him his mediation. As a truly tragic result, he died of bleeding in the brain before his 10-day term concluded. Combining our medical/legal background with our knowledge of the Civil Rights Act, we brought a case in Federal Court in Virginia claiming a violation of the inmate’s Eighth Amendment rights regarding cruel and unusual punishment. The case resolved with a substantial settlement payment to the decedent’s family.
Pharmaceutical and Dietary Supplement Liability
  • A pharmaceutical product liability recovery against the manufacturer of a contact lens solution that was not properly tested before being sold to the public causing extremely painful and permanent damage to our client such that she is now blind in one eye.
  • A mass tort recovery against a pharmaceutical manufacturer that failed to warn doctors and consumers of the dangers of heart attacks, strokes and even death associated with the use of their prescription drug product.
Legal Malpractice
  • $1.75 million result for a North Jersey woman. Our client required emergency hernia surgery but the doctor would not come to the hospital on the weekend. As a result, by the time she underwent surgery, the hernia had strangled and killed a large portion of her colon and digestive tract. Her first attorney, who we subsequently sued, did not thoroughly study the medical records and, as a result, sued the wrong doctor which resulted in the client’s loss of her medical malpractice claim.
  • The firm recently achieved a significant settlement for a young woman who experienced medical/dental malpractice at the hands of a periodontist. Specifically, following a sinus procedure to augment the jawbone support for a dental implant, the practicing provider utilized a product that was not appropriate for a young woman of child bearing age. She developed a serious jawbone infection, osteomyelitis, and underwent numerous procedures in an attempt to deal with the infection. The development of the case that resulted in a substantial settlement required work with specialists in infectious disease, oral surgery and radiography. After the development of complicated and various expert disciplines and extensive witness examination, the parties were able to arrive at a very satisfactory resolution.
  • Meyerson & O’Neill instituted a legal malpractice case against the lawyer who mishandled the medical malpractice case. Ultimately, success was achieved and after 8 years of suffering and delay, the client received just compensation and financial security.
  • A legal malpractice action on behalf of a woman who suffered serious and significant medical complications from a gallbladder surgery. Her attorney failed to file a certificate of merit to support her medical malpractice case, thereby preventing her medical malpractice claim from proceeding. The subsequent legal malpractice case brought by Meyerson & O’Neill led to a resolution that was substantially in excess of six figures.
  • Three legal malpractice actions against the same attorney from Pittsburgh, Pennsylvania who negligently represented clients in serious medical malpractice cases – one involving a gastrointestinal injury during a fertility treatment, another involving negligent performance of ankle replacement surgery resulting in ankle amputation, and negligent performance of claw toe revision surgery. His egregious acts of professional legal negligence resulted in his clients’ medical malpractice cases being dismissed. Settlement was in excess of six figures.
Medical Malpractice
  • Another seven figure (million dollar) success for another client of Meyerson & O’Neill. We just recently resolved a wrongful death/medical malpractice case in New Jersey arising from the negligent use of a heart lung bypass machine and the failure of the hospital personnel to properly monitor the patient while he was on the heart lung bypass machine. When the heart lung bypass machine malfunctioned, the patient bled to death. The result was only accomplished because Meyerson & O’Neill retained well qualified specialists in cardiothoracic surgery and perfusion (blood management during serious surgery).
  • A medical malpractice settlement of approximately $1.9 million against a Philadelphia area radiology group. Our client went to the hospital emergency room with complaints of stomach pain. The CT scan to confirm a diagnosis of diverticulitis reported normal kidney shadows. The “normal kidney shadows” in reality was a 5 cm malignant tumor in the patient’s kidney. Had the radiologist accurately read the CT scan the kidney could have been removed and the patient would have had a high probability of survival. By the time a diagnosis was made the cancer had metastasized and the outlook was much bleaker. We recommended a structured settlement to our client which will provide lifetime financial security for the entire family.
  • A $2 million trial verdict against a physician in a medical malpractice case for failure to diagnose cancer.
  • An $800,000 settlement for a woman whose eyesight was permanently damaged during experimental eye surgery which was deliberately performed without FDA or an IRB (Independent Review Board) approval.
  • Substantial settlements in medical malpractice cases involving obstetrics, including compensation to the family of a stillborn baby following fetal distress.
  • A life long annuity for a child born handicapped with shoulder dystocia.
  • A $750,000 settlement for a working woman who sustained a permanent intestinal/digestive injury from a medical error during gall bladder surgery.
  • A $1.45 million medical malpractice wrongful death recovery against a hospital based on substandard Emergency Room service and the incorrect diagnosis that our client was suffering from a stiff neck. Instead, our client, a juvenile, died one day later after being examined and released from the Emergency Room with a MRSA infection and Meningitis.
  • Award of approximately $900,000 to a young widow and two tender-age daughters from a Medical Malpractice/Wrongful Death claim against a dermatologist who negligently caused the death of a patient he was treating for severe psoriasis by carelessly prescribing Methatrexate without monitoring the patient’s blood. Methatrexate is a drug with an FDA required black box warning stating that physicians must monitor a patient’s blood levels before and during use, because it can be toxic for certain patients, causing acute renal failure and even death. In this case, the patients’ blood was not monitored as required, despite the fact that the patient had a history of elevated kidney functions. Approximately a month after the dermatologist increased the patient’s dosage of Methatrexate without any blood monitoring, the patient died of Methatrexate toxicity.
Product Liability
  • A $3.2 million products liability settlement for a young woman who was injured at work when a one ton bag of a chemical compound fell on her and rendered her a paraplegic.
  • A $2.2 million verdict in favor of the Philadelphia Phillies team trainer injured in an elevator fall case.
  • A $1.5 million settlement with a life time tax free annuity in a product liability case involving a defective door lock on a motor vehicle.
  • Lifetime financial security and health care for a young woman who suffered a devastating stroke after taking a dietary supplement containing ephedra.
  • A products liability recovery against the manufacturers of ski equipment which was defectively designed causing our client to literally come out of his ski boots and fall more than 1,000 feet, sustaining a devastating injury.
Civil Rights
  • One of the largest civil rights settlements against the City of Philadelphia based upon the conduct of an off-duty police officer who shot and killed a civilian with his service revolver.
  • A civil rights lawsuit in federal court in Colorado on behalf of a client who developed Stevens-Johnson Syndrome as a result of the defendants’ deliberate indifference to his medical needs while incarcerated. Settlement was in excess of six figures.
  • A civil rights action in the Middle District of Pennsylvania on behalf of a client who was falsely accused of and prosecuted for arson. Settlement was substantially in excess of half a million dollars.
  • A $3.75 million settlement of a 260-member racial discrimination class action suit against a Fortune 500 company.
Criminal Law Appeal
  • Criminal law appeal order reducing sentence: A substantially reduced prison sentence for a criminal client based on an appeal to the United States Court of Appeals for the Third Circuit. Specifically, the government had attempted to double-count the monetary loss involved in a case of tax fraud under two different provisions of the Federal Sentencing Guidelines. The trial judge imposed the sentence that the government requested. Our office handled the appeal, arguing that it was an incorrect decision. The Court of Appeals agreed, and the end result was a reduction of almost 3 years in our client’s term of incarceration.
Intellectual Property
  • Injunctive Relief Intellectual Property: Trademark Claim -- Meyerson & O’Neill secured a preliminary injunction on behalf of a television sales personality and book publisher whose career was threatened by a trademark claim. Meyerson & O’Neill sought and secured an injunction declaring the competing trademark claim unfounded, enabling our client to proceed with his very successful television and publishing career. The resolution of the case also included a substantial cash settlement in favor of our client due to the adversaries’ infringement of his trademark and tortious interference with his existing contracts.
Dram Stop – Drunk Driving Kills
  • Lifetime financial security for a woman seriously injured by a drunk driver. The establishment served the driver more alcohol after he was visibly intoxicated and was found to be liable for more than $900,000 in damages.
Commercial Real Estate
  • An injunction for a client enforcing a covenant not to compete on real estate which precluded competing businesses from opening in close proximity to the client's business.
Minority Shareholder Litigation
  • A $1.6 million dollar buy out settlement for a minority shareholder who hired Meyerson & O’Neill after he had been locked out of management and not allowed to review the company books and financial records. The majority owner was diverting corporate opportunities to another business he controlled at the expense of the business he shared with our client.

We continue to work on a number of similar product liability, medical, malpractice, legal malpractice and pharmaceutical drug cases. For a free consultation on a similar case, please call our office at (215) 972-1376.
General Litigation Attorneys | Philadelphia Pennsylvania, Westmont New Jersey
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