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Attorney Profiles

Stephen M. O'Shea 
Boston, Massachusetts
Partner
phone (617) 227-3240
fax (617) 227-3346
email Email Me
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Steve O'Shea is a partner who focuses his practice on the investigation, litigation, and appeal of complex civil personal injury and property damage actions, including the defense of medical malpractice, professional liability, product liability, liquor liability, premises liability employment and general liability claims. Mr. O'Shea also represents physicians and allied health care professionals with the investigation and defense of Department of Public Health, Department of Mental Health, and Board of Registration investigations, complaints, and regulatory actions before the Division of Administrative Law Appeals (DALA). In addition, Mr. O'Shea is frequently called upon to assist risk managers, claims professionals, and clients with pre-suit attorney-client privileged investigations and has served as a speaker for risk management programs, including as a guest speaker for the New England Ophthalmologic Society. He has successfully represented clients through dispositive motion practice and/or trial in state and federal trial Courts in Massachusetts, as well as in the Appeals Court of Massachusetts.

Representative Cases

  • Defense jury verdict in favor of ophthalmologist in claim alleging negligent performance of cataract surgery.
  • Defense jury verdict in favor of ophthalmologist in claim alleging failure to diagnose and treat progressive ocular cicatricial pemphigoid (mucus membrane pemphigoid)
  • Defense jury verdict in favor of ophthalmologist in claim involving loss of functional sight in one eye due to alleged negligent performance of photorefractive keratectomy (PRK)
  • Defense jury verdicts in two separate cases in favor of obstetrical group practices in claims alleging negligence in delivery of babies who suffered shoulder dystocia
  • Defense jury verdict in favor of obstetrical group practice in claims involving post c-section hemorrhage alleging unnecessary hysterectomy
  • Defense jury verdict in favor of international restaurant business in claim brought by guest alleging food poisoning
  • Defense jury verdict in favor of national security company in claim involving allegations of negligent security, hiring, and retention allegedly resulting in rape of teenager
  • Defense bench trial verdict in favor of professional baseball team in claim involving allegations of negligent security and premises liability allegedly resulting in fibromyalgia
  • Defense jury trial verdict in favor of funeral director in claim alleging negligent embalmment of corpse
  • Summary judgment in wrongful death claim against international restaurant claiming negligent service of alcohol.
  • Summary judgment in favor of construction company in claim alleging negligent insulation of building.
  • Summary judgment in favor of national restaurant company in claim involving allegations of negligent security, hiring, retention and supervision allegedly resulting in sexual assault of teenager
  • Summary judgment in favor of medical school in claims involving alleged violations of constitutional right to treatment for gender identity disorder in prison
  • Summary judgment in favor of commercial tenant pursuant to implied co-insured doctrine in fire loss claim resulting in substantial property loss
  • Summary judgment in favor of hotel owner in alleged slip and fall claim
  • Summary judgment in favor of national plumbing company in claim alleging infectious disease from negligent repair of sewer piping
Areas of Practice:
Professional Malpractice
Medical Malpractice
Litigation & Trial Practice
Product Liability
General Liability
Construction Law
Liquor Liability
Labor and Employment
Negligent Hiring
Appellate Practice
Bar Admissions:
Massachusetts, 1991
U.S. District Court District of Massachusetts, 1992
U.S. Court of Appeals 1st Circuit
Education:
New England School of Law, Boston, Massachusetts, 1991
J.D.
Honors: Cum Laude
Law Review: New England Law Review, Staff Member, 1990 - 1991


St. Michael's College, 1988
B.A.


Published Works:
Electronic Health Records in Malpractice Litigation, Audio-Digest Ophthalmology, Volume 50, Issue 10, May 21, 2012

Note, Burke v. Rivo: A Massachusetts Approach to Wrongful Pregnancy, 26 New England Law Review 963, 1992


Honors and Awards:
American Jurisprudence Award in Evidence, 1990


American Jurisprudence Award in Insurance Law, 1990


Professional Associations and Memberships:
Massachusetts Bar Association
Member

Massachusetts Defense Lawyers Association
Member

Massachusetts Society of Risk Mangers
Member
Office Location

101 Merrimac Street, Suite 700
Boston, Massachusetts 02114
Phone: (617) 227-3240
Fax: (617) 227-3346
Map & Directions

Martin, Magnuson, McCarthy & Kenney is located in Boston and serves all counties throughout the Commonwealth of Massachusetts, including state and federal courts.