Frank recalls well the time, early in his career, when he represented a family whose baby had suffered a devastating brain injury at birth. Frank won a multi-million verdict against the hospital. The recovery enabled the family to keep and care for their severely injured child at home, rather than having her placed in an institution. That baby is now a 40 year old woman and she still lives with her mother at home.
In his four decades as a trial lawyer, health care policy advocate and law school professor, Frank has had many other opportunities to have a profound influence on the lives of his clients. “I sleep well when I feel like I am representing someone who is doing his best to help other people, either in her family or in the community at large,” Frank explains. “That usually makes me believe in their cause.”
Dr. Martin Luther King, Jr’s famous “I Have A Dream” speech powerfully impressed upon Frank the idea that law and justice are intimately related. The context and Dr. King’s courage inspired Frank’s decision to pursue a career in law. Beyond his words of hope, Dr. King declared that people of good will must change the legal system in America to promote equality and justice.
As he dedicated himself to pursuing justice for his clients, Frank understood more and more that the outcome of one case could have an impact far beyond the courtroom. In 1989, Frank founded a law firm that, for 25 years, represented individuals who had suffered serious injuries as a result of medical care gone wrong. Many of their cases resulted in important legal decisions that set forth legal standards for medical malpractice and product liability cases in Pennsylvania and DC.
Frank continues to teach medical malpractice at Temple University’s Beasley School of Law and to write and lecture widely. After years of working closely with Aaron Freiwald on several major medical malpractice cases, Frank now serves as Special Counsel at Freiwald Law where he actively participates in cases bound for trial.
Frank has served as counsel on many precedent setting opinions including:
Stanton v. Astra Pharmaceutical Products, Inc. 718 2d 553 (3d Cir. 1983)
McDaniel v. Merck, Sharp & Dhome, 533 A. 2d436 (Pa. 1987);
Taylor v. Einstein Medical Center, 723 A.2d 1027 (Pa. Super. 1999), aff’d in part, reversed in part, 754 A. 2d 650 (2000)
Whittington v. Episcopal Hospital, 768 A. 2d 1144 (Pa. 2001)
In 2009 He served as lead trial counsel representing the plaintiffs in a group of 15 related cases against the same surgeon and hospital, trying to verdict Svindland v. Nemours Foundation and Norwood, (Civ. Action No. 05‐417, E.D. Pa. 2009).
Mr. McClellan is the author of the award winning book entitled “Medical Malpractice: Law, Tactics and Ethics (1995)”.
He is the co‐author of a casebook on Tort Law, first published in 1994, and now in its fourth edition, “Tort Law: Cases, Perspectives, and Problems” (LexisNexis 2007)