James J. McEldrew, III

Attorney Jim McEldrew has been an attorney in Philadelphia for over 35 years. He has dedicated his life to advocate for victims of medical malpractice, railroad accidents, corporate greed, and nursing home abuse.

Since 1982, Jim has been actively involved, not only as a nationally renowned trial attorney, but as a community leader and a representative of several trial lawyer organizations at the national state level and Philadelphia area.

Jim was appointed in 1995 as the national council for the Transport Workers Union (TWU) designated attorneys for the FELA program. He is also designated counsel for the railroad division for the International Brothers of Electrical Workers (IBEW). As a trial attorney and friend of labor, Jim has been involved in many railroad and labor arbitrations, contract disputes and negotiations, and has made safety on the railroad a major priority. He is a national renowned railroad expert and has been interviewed by Fox News by the most recent major train accidents in the Northeast Corridor.

Charlie Moneypenny, then President of the Transport Workers Union, gave Jim the President’s Award in recognition of his outstanding leadership skills and in appreciation for his constant presence and dedication in defending the rights of the innocent and injured railroad workers.

Jim’s integrity, hard work and dedication have led his peers to elect him as President of the Academy of Rail Labor Attorneys from 1995-1997. He was also elected as President of the Pennsylvania Trial Lawyers Association in 2005-2006 and was a member of the Pennsylvania Trial Lawyers Board of Directors in 2005-2007.

Jim has also received awards from the Support Center of Child Advocates and Volunteers for the Indigent Program (VIP).

He has had numerous victories in a wide variety of areas in law. He obtained a verdict of $13.3 million for twins who were born premature at 26 weeks with chorioamnionitis. He later litigated and tried the issue of delay damages in the Pennsylvania Commonwealth Court and obtained a judgement for delay damages that allowed for collector of delay damages for two policies.

He has tried numerous FELA cases in NJ, PA, DE, and NY. Recently, Jim obtained a $1.9 million verdict for a 61-year-old injured car repair man who slipped and fell on snow and ice while reporting to work.

Another noteworthy case involved a police officer in Bucks County who lost his leg when a drunk driver trapped him against his police vehicle. During the litigation, Jim pursued cases against the plaintiffs UIM carrier, the tortfeasor policy, and a dram shop case against the bar that served the individual who hit the plaintiff, police officer. In addition, he brought cases against the employers’ insurance carriers agent for fraud for trying to change the forms on the UIM coverage. A verdict and a settlement of $1 million against the employers’ insurance agent was also obtained. When the dust settled, Jim obtained nearly $7 million from eight different entities in litigation that spanned over a course 8 years.

Jim was also recently co-counsel on a Qui Tam case against Valeant Pharmaceuticals alleging numerous off-label marketing violations that settled for $54 million.

Jim also brought several cases against a device manufacturer for their role in the transmission of multiple drug resistant bacteria during Endoscopic Retrograde Cholangio-Pancreatography (ERCP) procedures. He was the first attorney in the country to bring these cases to settlement.

Most recently, Jim has been appointed to the steering committee for the Essure cases filed in the Eastern District of Pennsylvania involving over one thousand plaintiffs injured as a result of a birth control device that caused injury through migration outside of the intended area in the fallopian tube.

He is AV Rated with Martindale Hubbell — the highest possible rating. Jim has a 10 out of 10 rating with AVVO. He has also been named a Super Lawyer since its inception in 2001 and has recently been named a Top 500 Trial Lawyer with Lawdragon 500.

Jim has been married for 33 years and has four children: Caitlin, Kelly, Jim, and Michael. Caitlin is a graduate of Oberlin College, and is currently a Program Manager at TuneIn Radio in San Francisco, CA. Kelly is a graduate of Georgetown University and is a Senior Recruiter at Howard Fischer Associates in Philadelphia, PA. Jim is a fourth-year student at the Philadelphia College of Osteopathic Medicine, and a graduate of Notre Dame University. Michael is a fourth-year chemical engineering PHD student at MIT, and a graduate of Penn State University. Jim hobbies include fishing, scuba diving, karate, jiu jitsu, and boxing.

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


    • 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 cases won:

Jury Verdicts

    • $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.

    • $1.836 million jury verdict for SEPTA employee who suffered a spinal injury on black ice from improper snow removal.

    • A $1.2 million jury verdict for a SEPTA worker that developed kidney disease after on the job exposure to polychlorinated biphenyls.

    • A $750,000 jury verdict against a physiatrist who misdiagnosed compartment syndrome in the lower leg after two other parties settled.

    • A $525,000 jury verdict to a railroad worker who suffered a back injury in a slip & fall involving hydraulic fluid.

    • A $225,000 jury verdict involving a yard worker who fell stepping out of a rail vehicle.

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

    • $4.25 million settlement for a college freshman after a 40 foot fall from a climbing wall during a student orientation activity.

    • $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.


 

*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.

Contact Information

Email: jim@mceldrewyoung.com

Phone: 215-545-8800

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