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Attorney Profiles

Timothy M. O'Brien

  • Shareholder
  • Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A.
  • Pensacola, Florida
  • phone - local: (850) 435-7000
  • phone - toll free: (888) 435-7001
  • fax: (850) 435-7020
  •  
  • Timothy O'Brien concentrates his practice in the areas of product liability, personal injury, wrongful death, business torts and mass tort litigation. He has been appointed co-lead counsel in In re Cisco Systems Securities Litig., MDL No. 1527, as discovery co-chair in In re Accutane Products Liab. Litig., MDL No. 1626, as discovery co-chair in In re Medtronic, Inc., Implantable Defibrillators Product Liab. Litig., MDL No. 1726, as a member of the Plaintiffs Steering Committee in In re Guidant Corp. Implantable Defibrillators Product Liab. Litig., MDL No. 1708, and served on the discovery committee of In re Phenylpropanolamine ("PPA") Product Liab. Litig. , MDL No. 1407.

    As a trial lawyer, Mr. O'Brien tries several cases per year and has received numerous multi-million dollar verdicts and judgments. The most recent of  these include a 2006 judgment in the amount of $12 million for a brain-damaged child (Mobile County, AL), a 2006 wrongful death verdict in the amount of $2.4 million for the death of a construction superintendent (Escambia County, FL), a 2007 automobile wreck verdict in the amount of $1.2 million for the non-paralyzing fracture of a woman's cervical vertebra (Santa Rosa County, FL), a 2007 $7 million verdict against pharmaceutical company Hoffman-LaRoche, Inc., on behalf of a young man who developed inflammatory bowel disease as a result of taking the popular acne medication, Accutane (Escambia County, FL), and a 2008 $1.25 million wrongful death verdict for the death of a truck driver in a middle of the road collision (Dooly County, GA).

    Additionally, Mr. O'Brien has served as national co-lead counsel in the Cisco securities litigation which recently concluded with a $100 million settlement for the Cisco shareholders. He has taken the national lead in prosecuting Fosamax osteonecrosis of the jaw cases and has been interviewed and extensively quoted in The Wall Street Journal, New York Times, The Pink Sheet , The Associated Press, Bloomberg News, and by National Public Radio, CBS Radio, and Air America Radio.

    In late 2006, the United States District Court for the Southern District of New York appointed Mr. O'Brien Lead Counsel for MDL No. 1789, In re Fosamax Products Liability Litigation .

    In recognition of his accomplishments representing the injured, Mr. O'Brien was recently chosen as one of the 2007 Super Lawyers by the annual publication of the same name. He received the same recognition in 2008 and again in 2009.

    Mr. O'Brien earned his Bachelor of Arts degree from the University of Virginia in 1992 (with distinction) and earned his Juris Doctorate degree at the University of Florida College of Law in 1995 (with honors). During law school, Mr. O'Brien served as Vice Chairman of the Moot Court Board and also received the University of Florida College of Law Award for Appellate Advocacy.

    After graduating from law school, Mr. O'Brien worked for two years as a law clerk for the Honorable William T. Moore, Jr., United States District Judge for the Southern District of Georgia. Mr. O'Brien then entered private practice in Georgia where he concentrated his practice in the area of federal litigation. During his period of private practice in Georgia, Mr. O'Brien, together with Judge Moore, coauthored Of Clients and Fees: Ethical Issues for Criminal Defense Attorneys, Vol 4:4 Georgia Bar Journal 10 (1999). In the Summer of 2000, Mr. O'Brien returned to his hometown of Pensacola and began working with Levin, Papantonio.

    Mr. O'Brien, a member of the Florida Bar, the Georgia Bar, and the Mississippi Bar, is presently licensed to practice in the following courts: all State Courts in Florida; all State Courts in Georgia; all State Court in Mississippi; the United States Supreme Court; the United States Court of Appeals for the Eleventh Circuit; the United States Court of Appeals for the Ninth Circuit; the United States Court of Appeals for the Fifth Circuit; the United States Court of Appeals for the Federal Circuit; and the United States District Courts for Northern District and Middle District of Florida, the Southern District, Middle District, Northern District of Georgia, the Southern and Northern Districts of Mississippi, and the United States Court of Federal Claims.

    Accutane Information
    Fosamax
    Yaz Birth Control
    Business Torts

    Year Joined Organization:
    2000
    Areas of Practice:
    Business Torts
    Product Liability
    Mass Tort Litigation
    Personal Injury
    Wrongful Death
    Securities Litigation
    Bar Admissions:
    Florida
    Georgia
    Mississippi
    U.S. District Court Northern District of Florida
    U.S. District Court Middle District of Florida
    U.S. District Court Southern District of Georgia
    U.S. District Court Middle District of Georgia
    U.S. District Court Northern District of Georgia
    U.S. District Court Northern District of Mississippi
    U.S. District Court Southern District of Mississippi
    U.S. Court of Appeals 5th Circuit
    U.S. Court of Appeals 9th Circuit
    U.S. Court of Appeals 11th Circuit
    U.S. Court of Appeals Federal Circuit
    U.S. Court of Federal Claims
    U.S. Supreme Court
    Education:
    University of Florida College of Law, Gainesville, Florida, 1995
    Juris Doctorate
    Honors: With Honors
    Honors: Vice Chairman, Moot Court Board
    Honors: University of Florida College of Law Award for Appellate Advocacy


    University of Virginia, 1992
    Bachelor of Arts
    Honors: With Distinction


    Published Works:
    Clients and Fees: Ethical Issues for Criminal Defense Attorneys (Co-Author), Vol. 4:4 Georgia Bar Journal 10, 1999


    Fosamax: The Powers of Equity, HarrisMartin Publishing, Vol. 5:5 Drugs and Supplements, 2006


    Fosamax and the Public Hazards Discovery Doctrine, Product Liability Law & Strategy, Vol. 25: 1 & 2, 2006


    Fosamax and the Risk of Osteonecrosis of the Jaw: Flying Under the Radar, Mealey's Emerging Drugs & Devices, Vol. 11:17, 1-5, 2006


    Drug Companies and Failure to Warn: The Case Against Fosamax, ALM Medical Malpractice Law & Strategy, Vol. 24: Nos. 5:1 & 6:1, 2007


    Professional Associations and Memberships:
    Florida Bar
    Member


    Georgia Bar
    Member


    Mississippi Bar
    Member


    American Association for Justice
    Member


    Academy of Florida Trial Lawyers
    Member


    American Bar Association
    Member


    Past Employment Positions:
    Oliver Maner & Gray LLP, Savannah, Georgia


    Hon. William T. Moore, Jr., United States District Judge for the Southern District of Georgia, Law Clerk