Mr. O'Gara represents national medical testing laboratories in medical malpractice lawsuits involving claims of alleged misdiagnosis. He also handles complex commercial litigation, including the representation of banking organizations in litigation involving RICO claims and allegations of commercial fraud and misrepresentation. Mr. O'Gara provides litigation and counseling services to a variety of Pacific Rim trading companies with respect to their import and other commercial activities throughout the United States. In addition, he has represented importers before the Consumer Product Safety Commission and the Food and Drug Administration.
Representative Experience
Represented a national medical testing clinical laboratory in the successful defense of medical malpractice and negligence litigation pertaining to the alleged misdiagnosis of leukemia, lymphoma, prostate and other cancers, as well as the alleged failure to report on critical medical test results in a timely and accurate manner.Defending an international generic drug manufacturer in federal litigation involving product contamination claims, alleged anaphylaxis, myocardial infarction and other injuries.
Successfully defended a major U.S. furniture manufacturer and retailer in the trial of a distributor termination suit involving fraudulent misrepresentation, unfair trade practice, unfair competition and breach of contract claims.
Represented an international commercial banking entity in the prosecution of a complex RICO and commercial fraud lawsuit.
Successfully defended major chemical manufacturers in complex toxic tort lawsuits involving allegations of severe birth defects, cancers and other serious personal injuries allegedly sustained by semiconductor industry employees and their offspring.
Successfully defended a national medical testing laboratory in the trial of medical malpractice lawsuits involving allegations that the labs negligently failed to accurately diagnose cervical cancer in plaintiffs.
Represented major international pharmaceutical manufacturers in the successful defense of actions involving allegations of severe adverse reactions to a variety of prescription pharmaceuticals.
Defended chemical and industrial gas manufacturers in a variety of toxic tort actions pending in various state and federal jurisdictions throughout the United States.
Represented a computer software development company in a major antitrust action against several large computer hardware companies and their illegal joint venture.
Defended a major alarm service company in actions seeking substantial damages for losses sustained as the result of the alarm company's alleged gross negligence and breach of contract.
Defended several insurance companies in a variety of commercial litigation matters concerning coverage issues, general agent disputes, and fraud and RICO allegations.
Memberships & Associations
New York State Bar AssociationNew York State Trial Lawyers Association
New York State Academy of Trial Lawyers
Trial Attorneys of America
Federal Bar Council
Community Activities
High School Hockey League of Nassau County, N.Y., an organization seeking to promote the development of youth ice hockey in New York, Board of GovernorsPro Bono
Successfully represented an individual convicted of sexual abuse of his infant sons in a federal habeas corpus petition, obtaining the reversal of his conviction and securing his release from prison as well as the dismissal of all charges on the grounds ineffective assistance of counsel.Commended by the U.S. Circuit Court of Appeals in its decision granting the requested relief, as follows:
"Before concluding, we pause briefly to commend Kelley Drye & Warren, which took on this matter pro bono publico over eight years ago, and has now seen it through. Kelley Drye & Warren's work on this case has been tenacious and consistently skillful, and by providing their client with superbly effective assistance of counsel, the firm has acted in the best tradition of our profession. . . ." Pavel v. Hollings, 261 F. 3d 210 (2d Cir. 2001).
