Beatrice O'Donnell [ Partner ]
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Phone: 215.979.1113
Fax: 215.689.3618
Email:
bodonnell@duanemorris.com
Beatrice O'Donnell maintains an active trial practice in the areas of mass tort, products liability, commercial and patent litigation as well as healthcare-related litigation. Ms. O'Donnell has tried to verdict more than 80 major civil jury trials in both the state and federal courts and has experience in handling hundreds of arbitration and mediations. Ms. O'Donnell served as coordinating counsel in mass tort litigation for multiple clients in the areas of asbestos, pharmaceuticals and food supplements. Her products liability experience encompasses a wide range of products, including pharmaceuticals, medical devices, tires, multi-piece rims, helicopters, automobiles and chemicals. Whether handled as individual cases, in the mass tort context or in an MDL, Ms. O'Donnell has a wide breadth of experience in developing complex medical defenses. Ms. O'Donnell has served on the national motion practice team for both Ford Motor Company and General Motors asbestos litigation.
Most recently, Ms. O'Donnell acted as counsel for a Fortune 500 Company in both complex patent infringement cases and a related contract action involving a life-saving bio-pharmaceutical product.
Ms. O'Donnell has defended nearly 100 personal injury and property damage matters in both the state and federal courts that involve the use, storage and transportation of ultra-hazardous materials in Pennsylvania, New Jersey and Delaware. Her litigation experience also encompasses employment and professional liability matters.
Due to the breadth of her experience, Ms. O'Donnell has been asked to counsel companies with respect to a wide range of risk management issues such as e-discovery, records retention, coordinated national defense strategy and products liability issues. The Legal Intelligencer recently published an article written by Ms. O'Donnell on "E-Evidence: The Admissibility of E-Mails."
Ms. O'Donnell is member of the Litigation section of the American Bar Association and the executive committee of the ABA Woman Advocate Committee. She is a two-term past co-chair of the Pennsylvania Bar Association's Commission on Women in the Profession, and a member of the Philadelphia Bar Association's Women in the Profession Committee. Ms. O'Donnell is a Master and two-term Executive Committee member of the Temple American Inn of Court. Ms. O'Donnell is also an active member of the Defense Research Institute. Ms. O'Donnell serves as a member of Duane Morris' Partners Board.
Ms. O'Donnell was designated in 2003 through 2008 as among Pennsylvania's "Super Lawyers" in a statewide survey. Only 5 percent of all attorneys in the Commonwealth are eligible for this designation.
A former judicial clerk to the Hon. Grant E. Wesner of the Court of Common Pleas of Berks County, she is a 1978 graduate of Temple University School of Law and a graduate of Temple University.
Representative Matters
- Defending two patent infringement cases and a contract case involving a global pharmaceutical company's premier biological product in both the state and federal court.
- Pennsylvania Supreme Court adopted physician-client's interpretation of the retroactivity of the MCare statute based on amicus. Wecht v. Hecht (companion case to Bethea v. Maron).
- Won a jury trial involving catastrophic brain injury allegedly related to a failure to diagnose a subarachnoid hemorrhage, which occurred immediately before the delivery of plaintiff's child. Erlich and Sugarman v. Cohen, Patrick and Pennsylvania Hospital.
- Achieved dismissal of claim against our client, a third-party defendant, after case had been on appeal on the issue of our client's joinder and venue. Forrester v. Sea Gull Manufacturing Co. v. Salkind.
- Mediation of AAA arbitration dispute involving an alleged wrongful termination of warehousing contract on behalf of a major animal products manufacturer, with results that the client found favorable. Bayer Corporation, Animal Products Division.
- Defended a complex insurance coverage case in the Eastern District of Pennsylvania, including an award of attorney's fees to our client. Blair v. Ranger Insurance Company.
- Handled the enforcement of an employment agreement that included the recovery of interest, attorney's fees and costs. In re: Thomas Sauer.
- Appeal to the Pennsylvania Superior Court acknowledging the pharmaceutical industry's ability to provide low cost or free prescription programs without being subject to claims for "negligent promotion." Case dismissed as to the pharma defendant only. Pierce v. Solvay Pharmaceuticals Inc.
- Served as regional and trial counsel for multiple manufacturers' asbestos claims, handling trials, mediations, arbitrations and supervising other local counsel. Fibreboard Corporation, NARCO.
- Achieved the dismissal of a catastrophic injury case after extensive discovery. Schofield v. Acutech.
- Achieved a defense verdict in favor of a physician in a double-amputee case. Wilson v. Daniels.
- Brought a subrogation suit in the Federal District court in New Jersey on behalf of a manufacturer of acetylene gases whose entire property was destroyed in a fire, with an outcome that the client found favorable. Hunterdon Industrial Gases v. Kistler-O'Brien Fire Protection.
- Appeal to the Pennsylvania Superior Court upholding the grant of summary judgment on behalf of a medical laboratory's alleged mishandling of a company's prospective employee's drug sample. Ney v. Medtox Laboratories.
- Long-term counseling of major manufacturer of refractory products regarding the management and coordination of its asbestos exposure nationally.
- Tried to verdict the first Phen-fen cases in Pennsylvania and one of the first cases tried nationally. Scott v. Wyeth v. Guinta.
- Won an arbitration among co-defendants despite client being the target defendant after the parties agreed to settle with plaintiff and arbitrate culpability among the 5 defendants. Pressley v. Dawley.
Professional Activities
- American Bar Association
- Section of Litigation
- Women Advocate Committee
-- Executive Committee - Pennsylvania Bar Association
- Commission on Women in the Profession
-- Co-Chair, 1998-2000
-- Executive Committee, 1997-1998
-- Chair, County Liaison Committee, 1996-1997 - Philadelphia Bar Association
- Medico/Legal Committee
-- Co-Chair, 1989
- Committee on Women in the Profession - Defense Research Institute
- Drug and Medical Device Committee - Temple Inn of the American Inns of Court, Master, 1996-present
-- Executive Committee, 2005-2006
-- Team Leader, 2007
Admissions
- Pennsylvania
- United States Court of Appeals for the Third Circuit
- United States District Courts for the Eastern and Middle Districts of Pennsylvania
Education
- Temple University School of Law, J.D., 1978
Experience
- Duane Morris LLP
- Partners' Board, 2007-present
- Partner, 1986-present
- Associate, 1980-1986 - James K. Martin Law Offices, Philadelphia, Pennsylvania
- Staff Attorney, 1979-1980 - Court of Common Pleas of Berks County, Reading, PA
- Judicial Clerk, Honorable Grant E. Wesner, 1978-1979
Board Memberships
- Board of Directors, Living Beyond Breast Cancer, 1994-present
- Executive Committee, 2007
Selected Publications
- Quoted in "Bringing Legal Counsel In-House," Pharmaceutical Commerce, November/December 2007
- "E-Discovery: Admissibility of E-mails Critical for Success on Summary Judgment," Duane Morris Alert, July 31, 2007; republished in Lorman's Legal Update Newsletter, September 2007
- "E-Evidence: The Admissibility of E-mails: Getting Them In, Keeping Them Out," The Legal Intelligencer, June 11, 2007, republished in Pennsylvania Law Weekly; reprinted in the Miami, Broward and Palm Beach Daily Business Reviews; as well on www.law.com; on the blog www.negotiationlawblog.com; and a monthly E-newsletter, The Discovery Update
- "Leadership Skills: Developing the Right Stuff," The Woman Advocate Newsletter, American Bar Association, Section of Litigation, Summer 2007, Vol.12, No.4
- "Secondments: Getting Your Foot in the Door and Keeping It There," The Woman Advocate Newsletter, American Bar Association, Section of Litigation, Winter 2007, Vol.12, No.5
Selected Speaking Engagements
- Presenter, "Linking Technology to Victory: The Art of Preparing, Settling and Trying Cases in the Digital Age, Philadelphia Bar Institute," December 19, 2007
- Panelist/Presenter with Judge Cynthia Rufe and Magistrate Judge David Strawbridge, "Electronic Discovery Disputes: The Next Step, Federal Courts Committee," Philadelphia Bar Association, October 17, 2007
- Presenter, "Judicial Independence," Temple American Inn of Court, Philadelphia, April 11, 2007
- Special Guest Presenter, "Managing Complex Litigation," The National Judicial Conference (audience exclusively of federal and state court judges), Reno, Nevada, May 25, 2006
- Speaker, "HIPAA for Civil Litigators," Pennsylvania Bar Institute, July 21, 2004
- Speaker, "HIPAA for Litigators," Pennsylvania Bar Institute program, Philadelphia, Pennsylvania, November 17, 2003; Northeast Philadelphia, Pennsylvania, December 12, 2003
- Panelist, "In the Eye of Beholder: Competing to Win Client Beauty Contests," American Bar Association Litigation Section Spring Meeting, Boston, Massachusetts, April 25, 2002
- Moderator, "Diversity Works," Pennsylvania Bar Association Annual Meeting, Philadelphia, Pennsylvania, May 10, 2000
- Course Planner and Moderator, "Impact of the Practice on Women and Minorities," Commission on Women in the Profession and the Minority Bar Committee, Pennsylvania Bar Annual Meeting, Orlando, Florida, November 19, 1999
- Program Planner and Moderator, Commission on Women in the Profession program and luncheon featuring Governor Ann Richards, Pennsylvania Bar Association Annual Meeting, Philadelphia, Pennsylvania, May 6, 1999
- Moderator, "The Hired Gun: Issues Concerning the Use of Trial Experts," Temple Inn of the American Inns of Court, Philadelphia, Pennsylvania, October 14, 1998.
- Speaker and Course Planner, "Winning Trial Strategies," Bench Bar Conference, Pennsylvania Bar Association's Women in the Profession Committee's Annual Conference, Philadelphia, Pennsylvania, May 14, 1998.
- Moderator and Panelist, "Rainmaking: The Insider's Guide to Success," American Bar Association's Litigation Section Spring Meeting, New York, New York, April 24, 1998
- Speaker, Women of Achievement Luncheon, sponsored by the March of Dimes, Philadelphia, Pennsylvania, November 1997
- Course Planner and Panel Moderator, "Job Rights, Medical Insurance Options and Credit Opportunities," The Pennsylvania Convention Center, Philadelphia, Pennsylvania, April 20, 1996.
- Speaker, "Minimizing the Risk of Malpractice Claims and Surviving the Litigation Process," Lehigh Valley Dental Association, Bethlehem, PA, September 22, 1993
- Speaker, "Legal and Ethical Ramifications of Ex Parte Communications and the Impact of Pennsylvania Rule of Civil Procedure 4003.6," Philadelphia Bar Association Annual Bar Conference, Washington, D.C., October 1992
- Guest Speaker, "The Influence of Women in the Legal Profession," Philadelphia Association of Paralegals, Philadelphia, PA, March 1991
- Lecturer, "Professional Liability," Pennsylvania College of Podiatric Medicine, December 1990
- Lecturer, "Changing Role of Women in the Courtroom," Pennsylvania Defense Institute, Hershey, PA, October 1990
- Lecturer, "Physicians and the Litigation Process," Pennsylvania College of Podiatric Medicine, January 1990
- Lecturer, "Defense Perspective on Medical Malpractice Litigation," Pennsylvania College of Podiatric Medicine, January 1989
- Moderator, "Infertility: The Medical, Ethical and Legal Issues," The Medico-Legal Committee Presentation at the Philadelphia Bar Association Conference, October 1988
- Lecturer, "Legal Aspects of Podiatric Practice," Pennsylvania College of Podiatric Medicine, February 1988
- Speaker "The Malpractice Dilemma," Hershey Surgical Seminar, November 1987
- Guest Speaker, "Legal Aspects of General Medical Practice," Suburban General Hospital, April 1987
- Guest Faculty, "Medical Malpractice Crisis," Hershey Surgical Seminar, Hershey, PA, November 1985 and 1986
- Lecturer, "Pleadings from the Defense Perspective," Personal Injury Practice Seminar, Philadelphia Bar Association, Philadelphia, PA, April 1984

