Robert E. O'Malley

Shareholder

312.645.7809
312.645.7711 (fax)
romalley@smsm.com
233 S. Wacker Drive, Suite 5500
Chicago, IL 60606
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For more than 25 years, companies have relied on trial attorney Robert O'Malley to represent their interests in products liability and medical malpractice matters.  Mr. O'Malley has an extensive record of success litigating in these areas, especially in the trial context, and is a trusted advisor for multiple long-term clients.

Within the products liability context, Mr. O'Malley has particularly deep experience handling pharmaceutical matters and serves as National Trial Counsel for a Generic pharmaceutical manufacturer. He also served as National Counsel for a multinational latex glove manufacturer, coordinating his client's ligation across the country. Numerous manufacturers turn to Mr. O'Malley as local counsel for claims involving construction equipment; home improvement power tools; and consumer goods such as lawn mowers, snow blowers, cars, water craft, motorcycles, and print presses. He is a member of the Products Liability Advisory Council (PLAC), a highly selective organization for attorneys with successful trial practices.

In Mr. O'Malley's medical malpractice litigation practice, he defends hospitals and healthcare providers in a range of complex matters. Most recently, he obtained a jury verdict for the defense on behalf of a hospital in a $10 million-plus wrongful death case. For eight years, Mr. O'Malley has represented a group of community-based hospitals in the Chicago area. Since 2008, he has managed the litigation for a corporation that provides physical therapy clinics and specialty hospitals. He also handles commercial litigation for this client.

As one of the early partners at Segal McCambridge, Mr. O'Malley has helped guide the firm's growth from a small boutique in Chicago to more than 150 attorneys practicing in seven offices across the country. Mr. O'Malley has assumed leadership roles in multiple firm committees and was recently elected as a member of Segal McCambridge's 2013 Executive Committee.

Mr. O'Malley is married and has three children in college.  

REPRESENTATIVE MATTERS

  • Obtained defense verdict on behalf of lawn mower manufacturer in products liability case involving severe foot injury. Case had earlier been reversed on appeal (noted below).
  • Obtained defense verdict on behalf of hospital client in professional liability case where a patient had died following hip replacement surgery. Plaintiffs alleged that codefendant was acting as an agent of the hospital and sought $10.6M in damages.
  • Serves as National Counsel for generic pharmaceutical manufacturer in a nationwide litigation involving Reglan©/metoclopramide.
  • Obtained Directed Verdict for hospital client in professional liability case involving death of surgical patient.
  • Served as National Counsel for industry-leading latex glove manufacturer in nationwide latex glove allergy litigation.
  • Successfully litigated numerous commercial litigation matters, premises liability cases, and employment-related matters involving wrongful discharge allegations.
  • Obtained defense verdict on behalf of window washing scaffold company in catastrophic injury case.
  • Obtained summary judgment for automobile manufacturer in severe injury case involving rollover following recall of product.
  • Obtained summary judgment for riding lawn mower manufacturer in case involving severe injury.

EDUCATION

Marquette University, B.A. (Political Science), 1983
IIT-Chicago Kent College of Law, J.D., 1986

BAR ADMISSIONS

Illinois, 1986
U.S. District Court, Central District of Illinois, 1992
U.S. District Court, Northern District of Illinois, Trial Bar, 1986
U.S. District Court, Southern District of Illinois, 1992
U.S. District Court, Western District of Wisconsin, 1992

SPEECHES AND PUBLICATIONS

Author

  • "The Consumer Expectation Test - Has It Outlived Its Usefulness," For The Defense (DRI) (September 2001).

Speaker

  • Presenter on multiple occasions for the Chicago Bar Association's Continuing Legal Education (CLE) Program, Chicago, IL.
  • Scaffold Industry Association's (SIA) 33rd Annual Convention and Trade Show, Boston, MA, "Claims: Offensive and Defensive Strategies" (July 25-29, 2005).

PUBLISHED APPELLATE OPINIONS

  • Navarro v. Fuji Heavy Industries, et al., 117 F.3d 1027, 925 F.Supp. 1323, 47 Fed. R. Evid. Serv. 446, (N.D.Ill. Apr 22, 1996)
  • Costa v. Dresser Industries, et al., 205 Ill.Dec. 33, N.E.2d 898 (1994)

PROFESSIONAL AND CIVIC INVOLVEMENT

Chicago Bar Association, Judicial Evaluation Committee (Investigative Division)
Claims and Litigation Management Alliance (CLM)
Defense Research Institute
Illinois Association of Healthcare Attorneys
International Association of Defense Counsel (IADC)
Product Liability Advisory Council (PLAC)
 

OTHER HONORS

  • Martindale-Hubbell AV Preeminent® Peer Review Rated
  • Recognized as an Illinois Leading Lawyer (a designation limited to less than 5% of all attorneys licensed to practice law in Illinois), nominated and selected by peers in the legal community
  • Selected for inclusion in the Illinois Super Lawyers list (no more than 5% of lawyers in the state are selected), nominated and selected by peers in the legal community (2005-2011)