James J. McEldrew, III

Attorney James J. McEldrew, III, graduated from Georgetown University in 1979 and Delaware Law School in 1982.  He immediately went to work for one of the major insurance defense firms of the time.  There, he honed his trial and litigation skills and in under 6 years of practice tried 30 jury trials and 300 arbitrations and 10-non jury trials.

While practicing law for insurance company and major corporations Jim realized the business-like and callousness of those he represented and he decided he wanted to help victims of negligence and malfeasance against the very types of corporations and defendants he represented.

In 1988, he opened his own firm and has represented 1000s of victims and catastrophically injured men, women and children.  He represents victims of all types of negligence including medical malpractice, nursing home errors, truck and vehicle accidents, slip and fall, premises liability and union employees injured while working on the railroad.

Mr. McEldrew, a member of Tax Payers Against Fraud (TAF) also represents individuals who have experienced retaliatory firings due to the employee blowing the whistle on government fraud.  Mr. McEldrew is presently handling several qui tam cases against pharmaceutical companies, produce suppliers, accounting companies and for-profit colleges.  He is involved in several SEC and IRS whistleblower cases as well.  In a recent decision in the Southern District of New York Court, Jim was lead counsel in a landmark case than decided that an individual does not have to report a case directly to the SEC to still maintain a retaliation case under the Dodd Frank amendments to the Sarbanes Oxley Act against his employer.  See Rosenblum vs. Thompson.  Additionally, Jim is involved and represents the lead Plaintiff in a tax lien fraud class action suit in Newark, NJ.

He has been actively practicing for 30 years in the areas of railroad litigation (FELA), medical malpractice, truck accidents, fraud and other complex civil litigation matters.  He has been designated counsel for the TWU since 1983, having been the director of its FELA program from 1994 until 2007.  Additionally, he is designated counsel for the International Brotherhood of Electrical Workers (IBEW) and Transport Workers Union (TWU), and has handled cases for many clients from the BMWE, UTU, IAM, BLET, and BRC against SEPTA, Conrail, Norfolk Southern, CSX, PATH, Metro North, New Jersey Transit, Amtrak, and the Stroudsberg Railroad.

Jim has lectured extensively in the areas of complex civil litigation, medical malpractice, evidence, and railroad litigation.  He was a guest lecturer at the George Meeney School of Labor Relations, having taught several classes on how to handle the charge of “accident prone”.

Jim was on the Board of Directors of the Academy of Rail Labor Attorneys from 1994 until 2001, and was President of the Academy of Rail Labor Attorneys from 2001 to 2002.   He was a hearing officer for the Disciplinary Board of the Supreme Court of Pennsylvania from 1995 to 2002, was a Master in the Court of Common Pleas of Philadelphia County from 1994 to present.  Jim was formerly a member of the Philadelphia Fee Dispute Committee from 1987 to 2004.  He has been involved with Volunteers for the Indigent Program (VIP) from 1988 to present.

Jim has been a Philadelphia trial lawyer for his entire career, and was a member of the Board of Governors from 1995 to 2003, having served as President of the Philadelphia Trial Lawyers in 2004. He has been a member of the Pennsylvania Trail Lawyers Association since 1988, and served on the Board of the Pennsylvania Trial Lawyers Association, now known as PAAJ in 2004 and 2005.  Attorney Jim McEldrew has tried over 110 major jury trials, and over 400 Arbitrations and 30 non-jury trials.

Professional Leadership Roles


  • Philadelphia Trial Lawyers Association – Board of Governors 1995 – Present
  • Pennsylvania Trial Lawyers Association – Board of Directors 2004 – Present
  • Taxpayers Against Fraud – Member 2012 – Present
  • Philadelphia Bar Associations-Volunteers for the Indigent Program – Member 1988 – Present
  • Philadelphia Bar Associations- Fee Dispute Committee – Member 1987 – Present
  • Pennsylvania Trial Lawyers Association-Budget Committee – Member 2005 – 2006
  • Pennsylvania Trial Lawyers Association-Executive Committee – Member 2004 – 2006
  • Philadelphia Trial Lawyers Association – President 2004 – 2005
  • Academy of Rail Labor Attorneys – President 2001 – 2002
  • Academy of Rail Labor Attorneys – Board of Directors 1997 – 2001
  • Pennsylvania Trial Lawyers Association – Education Committee – Member 1993 – 1994
  • Association of Trial Lawyers of America – Member
  • New York State Trial Lawyers Association – Member
  • Pennsylvania Trial Lawyers Association – Member
  • Philadelphia Bar Association – Member
  • Philadelphia Trial Lawyers Association – Member

Bar and Court Admissions


  • Commonwealth of Pennsylvania 1982
  • New York 1995
  • U.S.S Ct 1995
  • SDNY 1995
  • E.D. Pa 1982
  • 3rd Circuit 1982
  • 2nd Circuit 1995

Education


  • Georgetown University – BS – Bachelor of Science 1979
  • Widener Law School, J.D. – JD – Juris Doctor 1982

Personal Bio


  • Jim is married with 4 children.  Jim enjoys deep sea fishing, scuba diving, weight lifting and martial arts.

Professional & Community Affiliations


  • American Association for Justice
  • Judge Pro Tempore – Court of Common Pleas Philadelphia 1989 – Present

Awards & Recognitions


  • SuperLawyers 2004 through 2013
  • LawDragon 500 – Top 500 Lawyers in America 2007 – Present
  • Support Center for Child Advocates – “Hero Award” 2010
  • First Judicial District of Pennsylvania – Pro Bono Award 2009

Speaking Engagements (Selected)


  • Venue Hot Topics – Luncheon Lecture 2012
  • Demonstrative Evidence In Med Mal Trials – CLE 2009
  • Establishing Apparent Agency In Medical Malpractice – Luncheon Lecture 2007
  • Trying Truck Cases to Win
  • State v. Federal Rules of Evidence

Case Portfolio


Over $100,000,000 in Wins for Personal Injury Cases

The Philadelphia accident and injury lawyers at McEldrew Young have won over $100,000,000 for our clients in various personal injury related cases including medical malpractice, birth injuries, railroad negligence motor vehicle accident cases, and others.  Below is a sample of recent cases won:

Medical Malpractice

  • $13.3 million verdict in ob/gyn case concerning failure to promptly deliver 26-week pre-term twin infants in the face of chorioamnionitis.  The twins suffered neurological damage.
  • $3.25 million for a 16 year old girl with down’s syndrome who coded while being treated for leukemia.
  • $1 million (policy limit) settlement in an ob/gyn case arising from defendant’s failure to deliver a 35-week fetus in the presence of significant fetal distress resulting in the death of the baby.
  • $7 million settlement (4.5 million plus medical for life for 2.5 million) on behalf of a 46-year-old man who suffered aortic artery damage during an L4-L5 laminectomy necessitating extensive surgical repair and resulting in nerve damage.
  • $2 million settlement (policy limit) achieved on behalf of a child whose mother was not properly diagnosed and treated for an infection and, as a result, the baby was delivered prematurely suffering permanent vision loss.
  • $1.5 million settlement on behalf of the family of a 66 year old for the urologist’s failure to diagnose bladder cancer that was allowed to metastasize to the liver.
  • $2.5 million settlement on behalf of a 28-year-old woman for failure to diagnose huge disc herniation, which evolved to cauda equina syndrome, resulting in emergency surgery and leaving the patient with permanent bowel and bladder problems as well as drop foot.
  • $1.8 million when a hospital failed to transfer a patient, resulting in delivery of a child with mild cerebral palsy.
  • $1 million settlement (policy limit) for failure to timely deliver a 32-week fetus in the presence of fetal distress, low biophysical profile and meconium.
  • $2 million settlement (policy limit) on behalf of the family of a 55-year-old man who was misdiagnosed with gastritis at the emergency room and sent home, where he died overnight.
  • $1.65 million settlement to a 66-year-old plaintiff who underwent a knee replacement and developed an infection. The post op plaintiff was then sent to a rehab for treatment of the infection. While in rehab the plaintiff developed compartment syndrome resulting in 2 surgeries and was left with foot drop. The case was settled with the operating physician for $650,000 prior to trial. During trial a settlement was reached with the internist assigned to plaintiff at rehab center for $250,000. The case went to verdict against remaining physiatrist for $750,000.
  • $850,000 for a 76 year old man who was admitted to the hospital in cardiac arrest and hospital did not resuscitate man properly.

Truck Accidents

  • $4.5 million from a defendant driver of a trucking company who failed to stop at a stop sign and crushed a mother of a 5-year-old child. Defendants were in violation of the hours of service laws.
  • $2.9 million settlement on behalf of a single woman’s survivors when a truck driver failed to properly perform a pre-trip certification and inspection of wheels. As a result, the truck’s wheel came off and struck plaintiff’s vehicle, killing her.
  • $1.8 million settlement on behalf of a 43-year-old woman whose vehicle was struck by a tractor-trailer that crossed the center line, causing multiple traumatic injuries and disability.

Other Motor Vehicle

  • $925,000 settlement for auto accident (policy limits) in which plaintiff was a 19-year-old passenger in a vehicle which was hit by oncoming vehicle when driver went through a stop sign. Both parties tested positive for drugs (Montgomery County, PA). Plaintiff had back surgery with hardware but never followed up with physical therapy.
  • $650,000 ($500K – design defect of DOT; $100k – wrong doer; $50k – underinsurance) on behalf of a 56-year-old school teacher who sustained head injuries and cognitive deficits.
  • $250,000 on behalf of a woman who sustained a knee injury resulting in multiple surgeries and inability to play sports (uninsured motorist claim; still pursuing).
  • $1.35 million ($900k – auto manufacturer; $450k – disputed uninsured motorist claim from employer) on behalf of an estate of a 58-year-old man who was struck while waiting in traffic. ($400k under uninsured motorist claim still ongoing).

Uninsured and Underinsured Motorists

  • $4.5 million settlement on behalf of a police officer who suffered a below-the-knee amputation when he was hit by an uninsured motorist. ($750k – $250k, civil rights; $250K – DRAM shop case; $250k verdict for bad faith).
  • $650,000 award on behalf of a woman who suffered several fractures of her foot in a rear-end collision.
  • Multiple policy-limit settlements in the range of $100,000 to $500,000.

FELA

  • Over 100 settlements & verdicts between 250,000 – 1,000,000
  • $1.25 million for injured track worker who had 2 surgeries after falling into a excavation ditch.
  • $750,000 award on behalf of an employee who developed kidney disease requiring dialysis as a result of long-term exposure to solvent products.
  • $2 million settlement on behalf of a coach cleaner who sustained electrical burns when on top of an MU when the safety catch failed to properly secure the pantograph.
  • $1 million settlement for a non-operated herniated disc sustained as a result of a fall on oil in a receiving yard.
  • $925,000 settlement on behalf of a 45-year-old pilot who sustained knee injuries resulting in surgery as well as back injuries in a crane accident.
  • $850,000 settlement on behalf of a car man who sustained thoracic outlet syndrome as a result of carrying railroad ties without proper equipment.
  • $185,000 settlement for a Plaintiff who was injured coming down from high rail vehicle and lost footing on ballast he underwent medial meniscus arthroscopic surgery and lost 6 weeks of work.
  • $225,000 verdict for a track worker who injured his meniscus while getting out of a work truck and missed 6 weeks from work.
  • $475,000 verdict against PATH for a track worker who injured his back and was out of work for 6 months.  Plaintiff unfortunately died under circumstances unrelated to his accident and therefore unavailable for trial.

General Negligence

  • $3.5 million on behalf of a toddler who fell between balcony spindles in a Clearwater, Florida hotel, resulting in permanent cognitive issues.

Bad Faith

  • $3.5 million bad faith settlement against an insurer who exposed a dentist to an excess verdict of $4 million dollars.  As a result of the dental malpractice, the plaintiff suffered damage to her trigeminal nerve.

Contact Jim directly at jim@mceldrewlaw.com or call (215) 545-8800, opt. 1

*Please note that recovery results vary per client.  The recovery amounts in each case reflect the specific facts of that case.  Further, recovery amount in past cases are not a guarantee of future results.

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