Frank M. McClellan

Special Counsel
Frank M. McClellan

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.

Achievements & Case Highlights:

  • 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)

Professional Affiliations:

  • Professor of Law Emeritus, Beasley School of Law of Temple University
  • Beck Chair in Law at the Beasley School of Law of Temple University
  • Co‐Director of the Center for Health Law, Policy and Practice
  • Former Member of Advisory Committee member of the Pennsylvania Office of Health Equity
  • Former Chair of the University Research and Creative Achievements Awards Committee
  • Pennsylvania Bar Association, Member
  • District of Columbia Bar Association, Member
  • American Bar Association, Member
  • American Law Institute, Member

Honors:

  • Editorial Board of Law Review, Duquesne University
  • Mr. McClellan was the 1974 recipient of the Felix S. Cohen Prize in Jurisprudence from Yale University
  • Mr. McClellan received the Shusterman Faculty Award for outstanding service to Temple University in 2009.
  • Mr. McClellan has been awarded the Lindback Award for outstanding teaching.
  • Mr. McClellan was endowed the Phyllis S. Beck Chair in Health Law (Temple University)
  • Mr. McClellan received the Friel‐Scanlon Award for the best scholarship of a faculty member during the 1994 academic year.
  • Southern Illinois university awarded Mr. McClellan the Garwin Distinguished Professor in Law and Medicine
  • Law Clerk to Judge William H. Hastie, Chief Judge, U.S. Court of Appeals for the Third Circuit.

Community Involvement:

  • Mr. McClellan has served for more than a decade as a member of the board of directors of the Aids Law Project of Pa., To Our Children’s Future With Health, Inc. and Philadelphia Fight.
  • Mr. McClellan is a former member of the Heart, Lung and Blood Institute of the National Institutes of Health, and a past president of the Pennsylvania Legal Services Center.
  • Mr. McClellan is a member of the National Steering Committee of Movement is Life, a national coalition dedicated to addressing racial disparities in joint and bone health