Michael E. Mone

June 28, 2011

Poring over hundreds of pages of complex medical records, detailed transcripts, and never-ending depositions isn't just work for attorney Michael E. Mone, but a means of changing law and protecting consumers.

A young man visited one of Boston's teaching hospitals to get his wisdom teeth removed and complained of chest pain. An X-ray was ordered and the man continued with his surgery. His discharge papers noted that his X-ray was normal. Four years after the dental procedure, a tumor was discovered in the man's chest and he was diagnosed with Hodgkin's disease. His father, a physician at the hospital, suggested that the man's doctors check his X-rays that were taken four years earlier at the time of his surgery.

Not only was the tumor visible in the X-ray, but it was discovered that the radiologist at the time had reported the X-ray as being suspicious. No one followed up.

The man's case resulted in a change in the X-ray procedures at the hospital to ensure more communication among physicians about such findings. "This was something that literally saved lives," Mone says. In a legal career spanning over 40 years, Mone has practiced extensively at all levels of the state and federal trial and appellate court systems. A pioneer in the field of complex tort litigation, Mone's practice focuses on medical malpractice, professional liability, products liability, insurance law, and aviation claims.

"This was something that literally saved lives." –Michael E. Mone

In another case, a health care writer for the Boston Globe received a quadruple overdose of a chemotherapy drug at a major Boston cancer center in the early 1990s.

Another patient suffered heart damage a few days prior due to the same combination of medications. Yet, several hospital employees missed the overdose administered to the writer. She died from the overdose. "This case resulted in improvements in the way the pharmacy dispenses drugs and in the checks and balances system among physicians and nursing staff," says Mone, who believes that trial lawyers are only as good as their preparation. "There are lots of cases that trial lawyers can win regardless of being a 'good' or 'bad' lawyer because the facts are so strong," Mone says. "There are other cases that depend on a lawyer's preparation and ability to try the case well and in the most effective way to represent his or her client." In addition to securing multiple million-dollar results for his clients, Mone established the discovery rule in medical malpractice cases.

The discovery rule broadened the rights of plaintiffs to file lawsuits by changing the date that the statute of limitations starts to run. As a result of the discovery rule the statute of limitations is measured from the date that a person discovers or reasonably should discover that he was injured rather than from the date of the negligent act. Before the discovery rule changed the law, some people had been prevented from bringing suits even though it was impossible for them to know that they had been harmed as a result of negligence.

Mone is the only plaintiff's personal injury lawyer to serve as the president of the American College of Trial Lawyers. The nationally-recognized civil trial lawyer earned his JD from Boston College Law School in 1967. Middlebury College and Suffolk University awarded Mone honorary Doctor of Law degrees.

"I enjoy the immediacy of the results after trying cases," Mone says. "If you do a will for someone, do a corporate reorganization or represent someone in a tax matter, it may be years before you know the effects of your advice. When you're a trial lawyer, you are going to know very quickly the results of your work."

Mone served as the Chairman of the Advisory Committee on Federal Judicial Branch appointments in 2009. When appointed by the Supreme Judicial Court to act as Special Counsel in a judicial conduct investigation, Mone represented lawyers and judges in the disciplinary process. Former Governor Dukakis appointed Mone to serve on the Judicial Nominating Committee in the late 1980s. He has also been asked to write and lecture on issues relating to insurance coverage and disputes, trial practice, and civil litigation and has testified as an expert witness on such topics.

Still, Mone is especially proud of his law firm, his colleagues, and the verdicts and settlements they have achieved for clients.

"Our firm is a great place to work and we all enjoy what we do," says Mone of his 13-lawyer firm. "I also get along very well with the lawyers on the other side of cases. There has never been a day that I didn't want to go to work



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