John Mirabella, Esquire Biography:
John Mirabella, Esq., is a medical malpractice attorney based in Philadelphia and a founding member of Smith Mirabella Blake LLC. The focus of his practice is representing individuals and families who have suffering life altering injuries or died from negligent medical care. He has also represented individuals seriously injured in motor vehicle and commercial trucking collisions, unsafe construction sites and defective products. He has been consistently selected to “Super Lawyers” in Pennsylvania, has an AV “Preeminent” rating from Martindale Hubbell, and has been named in “Best Lawyers in America.” John regularly lectures and publishes on trial practice. John Mirabella is licensed to practice in Pennsylvania and New Jersey.
In the News:
+ “No Lawyer Fees for Temple in $4M Med Mal Indemnity Case Against US.” The Legal Intelligencer.
Represented plaintiff in underlying birth injury case settlement for $8M (June 12, 2017)
+ “Judge Rejects Hospital’s Instant Certificate of Merit Appeal.” The Legal Intelligencer.
Represented plaintiff, successfully opposed disclosure of specialty of experts used in support of certificates of merit (September 15, 2014)
+ “Jury Awards $21 Mil In Med Mal Case Over Brain Damage.” The Legal Intelligencer.
Represented plaintiff (June 20, 2011)
+ “Hospital Held Liable For Man Who Died While on Ventilator.” Rivera vs. Temple University Hospital Inc.
Represented plaintiff, quoted in Article (January 11, 2011)
+ “Fewer Med Mal Filings in 2008 as Post-Reform Trend Holds in PA.: Filings in Phila. Down Nearly 60 Percent Since ’02.” The Legal Intelligencer.
Represented plaintiff in underlying birth injury case settlement for $8M (April 22, 2009)
+ “A Reshaped Practice Area.” The Legal Intelligencer.
Quoted in the article (April 28, 2008)
Representative Speaking Engagements:
+ “Pennsylvania Personal Injury Law and Rule 2005 Pa. Civil Procedure,” Philadelphia Cape Institute (August 2019)
+ “Course Planner: A Survey of Personal Injury Law in Pennsylvania,” Philadelphia Cape Institute (August 2017)
+ “Annual Medical Malpractice Update – Philadelphia,” Pennsylvania Bar Institute (August 2016)
+ “Personal Injury Law for the Solo Practitioner” Cape Institute (May 2016)
+ “Hospital Malpractice in Pennsylvania: Teleradiology, New Born Screening, Infection Control and Corporate Negligence” Cape Institute (April 2015)
+ “9th Annual Medical Malpractice All Day Seminar – Philadelphia,” Pennsylvania Association for Justice (November 2014)
+ “Hospital Malpractice in Pennsylvania: Teleradiology, Newborn Screening, Infection Control and Corporate Negligence,” Cape Institute (April 2014)
+ “Medical Malpractice Update,” Pennsylvania Bar Institute (March 2013)
+ “7th Annual Medical Malpractice Full Day Seminar” Pennsylvania Association for Justice (November 2012)
+ Course planner, “Medical Malpractice for Beginners. Cape Institute (ApriI 2011)
+ Course planner, “Birth Injury Litigation: A Crash Course on-Obstetrics.” Cape Institute (October 2010)
+ Course planner, “Medical Malpractice under the MCARE Act. Cape Institute (August 2009)
+ “Medical Malpractice for the Solo Practitioner in Pennsylvania.” (April 2008)
+ “Jury Selection in Medical Malpractice Cases.” Philadelphia Trial Lawyers Association (October 2007)
+ “Latest Issues Concerning Certificate of Merit.” Philadelphia Bar Association (November 2007)
+ Course planner, “Emergency Room Medicine. Philadelphia Trial Lawyers Association (December 2006)
+ Course planner, “Medical Malpractice: What to keep, What to Decline.” Cape Institute (December 2005)
Articles and Publications:
+ “Emerging Areas of Institutional Liability for Pennsylvania Hospitals,” The Legal Intelligencer, March 17, 2015
+ “Jury Selection in Medical Malpractice Cases after Cordes,” 9th Annual Medical Malpractice CLE Seminar, Pennsylvania Association for Justice, November 11, 2014
+ “Radiology in the ER: Where is your study being read?” The Legal Intelligencer, March 26, 2013
+ “Expert witnesses in malpractice trials: when to attack, when to back off and when to duck,” The Legal Intelligencer, March 20, 2012
+ “Birth Injury Litigation: Pitfalls for the Unwary,” The Legal Intelligencer, November 15, 2011
+ “Medical Malpractice 2007,” Chapter on Jury Selection in Medical Malpractice Cases. Publisher: Pennsylvania Trial Lawyers Association, Series: PaTLA, Pub. no. 420-2007
+ “Trying the Emergency Room Case,” Publisher, Pennsylvania Trial Lawyers Association, 2006. Series: PaTLA, Pub. no. 472-2007
Education:
+ Vassar College: A.B. 1984
+ Dickinson School of Law J.D. 1987
Admissions:
+ Pennsylvania, 1987
+ U.S. District Court Eastern District of Pennsylvania, 1987
+ New Jersey, 1992
+ U.S. District Court for the District of New Jersey, 1992
+ United States Court of Appeals – Third Circuit
+ United States Supreme Court
Awards and Honors:
+ Martindale Hubbell AV Preeminent rating (5.0 out of 5.0)
+ Best Lawyers in America, 2014
+ Articles Editor, Dickinson Law Review, 1987
+ Selected to Pennsylvania Super Lawyers Listings in 2005 and 2007-present
Memberships:
+ Philadelphia Bar Association (Co-Chair Medical Legal Committee, 2008-2013)
+ Philadelphia Trial Lawyers Association
+ New Jersey Trial Lawyers Association
+ The American Association for Justice
+ The Million Dollar Advocates Forum
Notable Recoveries:
2020 Recovery for patient from facility for malpractice resulting in a delay on diagnosis of necrotizing fasciitis. $1.35 Million
2019 Recovery of policy limits for individual who suffered hip fracture in a motor vehicle collision less than a year after accident. $800,000
2018 Settlement on behalf of family of Bucks County woman who died as result of the negligent administration of anesthesia during surgery. $4.5 Million
2017 Settlement (two days after filing suit) on behalf of a man injured operating a motorcycle in Bucks County in two-vehicle accident. $2.5 Million
2016 Settlement on behalf of a woman in kidney failure during endoscopy for internal bleeding who suffered complications from anesthesia. $850,000
2015 Settlement on behalf of the estate of a woman misdiagnosed with a “Lupus Flare” improperly treated with pulse steroids. $1.0 Million
2015 Settlement on behalf of a patient with Lymphoma incorrectly diagnosed with “viral syndrome” resulting in an 11-week delay in diagnosis. $3.5 Million
2014 Settlement on behalf of a child who suffers from cerebral palsy due to a delay in performing a C-section (subrogation action by hospital reported in Legal Intelligencer June 12, 2017). $8.5 Million
2013 Settlement on behalf of the estate of a patient presenting to the ER with shortness of breath but not timely transferred to the ICU $800,000
2013 Settlement on behalf of the estate of a patient discharged from the ER with a headache who later died from an undiagnosed aneurysm. $3.25 Million
2011 Settlement on behalf of elderly patient who bled to death following a colectomy because he was not adequately monitored. $1.5 Million
2010 Binding arbitration Award on behalf of patient who suffered nerve injury after injury to her nerve while removing a cyst on her hand. $950,000
2009 Binding arbitration award on behalf of patient who suffered an esophageal perforation during an endoscopy to remove a foreign body. $850,000
2007 Settlement on behalf of patient admitted to N.J. Hospital who suffered injury following a prolonged period of hypoglycemia. $1.0 Million
2006 Settlement on behalf of a handicapped woman injured in a single vehicle accident after her car was improperly modified with handicap controls.
$750,000
2004 Verdict on behalf of an infant who suffered disfigurement due to misapplication of forceps at delivery. $350,000.00
2002 Settlement on behalf of driver who sustained a low back injury in a two-vehicle accident in Montgomery County $500,000.00