Attorney Profile

  • Tim O'Brien Personal Injury Accident Attorney
  • Timothy O'Brien

  • Shareholder
  • Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A.
  • Pensacola
  • Florida
  • (850) 435-7084
  • (888) 435-7001
  • (850) 436-6084
  • tobrien [at] levinlaw.com
Florida Elite AVVO Excellent
AV rated Super Lawyers
 

Timothy O'Brien is a board-certified civil trial attorney who concentrates his practice in the areas of product liability, personal injury, wrongful death, business torts and mass tort litigation. Mr. O'Brien is rated "A-V Preeminent" by the prestigious Martindale-Hubbell lawyer peer-rating service (the "A-V Preeminent" rating is the highest rating an attorney can receive). He is currently serving as National Lead Counsel for MDL No. 1789, In re Fosamax Products Liability Litigation. He also is currently serving as co-chair of the Discovery Committee In re Yasmin and Yaz (Drospirenone) Products Liability Litigation, MDL NO. 2100. Previously, Mr. O’Brien served as national co-lead counsel in In re Cisco Systems Securities Litig., MDL No. 1527, as discovery co-chair in re Accutane Products Liab. Litig., MDL No. 1626, as discovery co-chair 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") Products Liab. Litig. , MDL No. 1407.

In addition to serving as National Lead Counsel in the Fosamax litigation, Mr. O’Brien has taken the national lead in trying Fosamax (alendronate sodium) osteonecrosis of the jaw cases. Mr. O’Brien is also actively litigating for Fosamax patients who have suffered low-energy subtrochanteric femur fracture as a result of long-term Fosamax use. He has been interviewed and extensively quoted in The Wall Street Journal, The New York Times, The Pink Sheet, The Associated Press, Reuters, Bloomberg News, and by National Public Radio, CBS Radio, and Air America Radio, as well as several European national news organizations.

In recognition of his accomplishments representing the injured, Mr. O'Brien has been frequently chosen as one of the Super Lawyers by the annual publication of the same name. Further, in 2011, he was named by Florida Trend as one of the 2011 Florida Legal Elite, an honor bestowed upon fewer than 100 civil trial attorneys in the State of Florida.

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

Year Joined Organization Law Firm

  • 2000

Areas of Practice

  • Business torts
  • Mass torts
  • Personal injury
  • Product liability
  • Wrongful death

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 2nd Circuit
  • 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

  • Law Degree, University of Florida College of Law; Gainesville, Florida; 1995
    Honors: With Honors
    Honors: Vice-Chairman, Moot Court Board
    Honors: University of Florida College of Law Award for Appellate Advocacy
  • B.A., University of Virginia, 1992
    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, Harris Martin 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
  • The Bisphosphonate Irony: Fosamax-Induced Femur Fractures (Co-Author), Vol. No. 551 Journal of the Florida Justice Association 26, 2011

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

Representative Cases

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:

  • New York, New York: $8 million verdict for an 72-year-old woman who suffered osteonecrosis of the jaw as a result of taking Fosamax (product liability)
  • Dooly County, Georgia: $1.25 million wrongful death verdict for the death of a truck driver in a middle-of –the-road collision (motor vehicle personal injury and wrongful death)
  • Escambia, Florida: $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 (product liability)
  • Santa Rosa County, Florida: automobile wreck verdict in the amount of $1.2 million for the non-paralyzing fracture of a woman's cervical vertebra (motor vehicle personal injury)
  • Mobile County, Alabama: judgment in the amount of $12 million for a brain-damaged child (Mobile County, AL) (personal injury)
  • Escambia County, Florida: wrongful death verdict in the amount of $2.4 million for the death of a construction superintendent (trucking personal injury and wrongful death)

Prior Employment

  • Oliver Maner & Gray LLP; Savannah, Georgia (1997-2000)
  • Hon. William T. Moore, Jr., United States District Judge for the Southern District of Georgia, law clerk (1995-1997)

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