MICHAEL A. KELLY ( download vcard)
Mr. Kelly is in his 4th decade of representing those injured by the wrongdoing of others. His March 2013 $8,341,000 verdict in the first DePuy ASR /Johnson and Johnson metal-on-metal artificial hip trial set the standard for verdicts in the nationwide artificial hip implant litigation. His August, 2012, $8,350,000 verdict on behalf of a construction-site worker who lost an arm in a fall, further demonstrated the breadth of his practice and his stellar results. A member of the prestigious Inner Circle of Advocates, Mr. Kelly has been annually selected by SuperLawyers Magazine as one of the Top Ten lawyers in Northern California. His practice includes personal injury cases arising from defective medical devices, catastrophic injury, wrongful death, medical negligence, product liability, government liability and mass tort claims. He represents clients both in and out of California.
In 2012 he was honored by the Consumer Attorneys of California with the Robert E. Cartwright award, given to a member of the Association for contributions to the teaching of Trial Advocacy. In 2011 he was honored by the National Institute of Trial Advocacy with the prestigious Robert Oliphant Award, recognizing his pro bono contributions to advocacy teaching. In 2010 he was voted by the members of the San Francisco Trial Lawyers Association as "Trial Lawyer of the Year." This was his fourth nomination as SFTLA Trial Lawyer of the Year. One year earlier he was chosen by the readers of San Francisco's Recorder legal newspaper as the "Best Personal Injury Attorney" in San Francisco.
At various times he has held or shared the record for the highest verdict amount in particular case types in San Francisco, Sacramento, Santa Clara and Sonoma Counties. His $23,200,000 jury verdict in a medical negligence case in Minnesota in 2010 ranks among the nation's largest verdicts ever for obstetrical injury. He has been listed as among the "Best Lawyers" in America for 17 consecutive years. He holds an "AV" rating (highest rating) from Martindale-Hubbell, and has been favorably profiled in numerous legal periodicals. During his career he has been involved in more than 170 cases where his client recovered $1,000,000 or more by way of trial, arbitration, mediation or settlement.
He has been recognized by his peers by election to the most selective and prestigious legal honorary societies including the Inner Circle of Advocates, the American College of Trial Lawyers, the International Society of Barristers (for whom he served as President in 2012-2013), and the International Academy of Trial Lawyers. He has served on the National Board of ABOTA, the governing board of NITA, the Foundation Board for ABOTA, and the governing boards of numerous charities.
His commitment to continuing legal education and pro-bono work has been widely recognized. During his career he has served as an invited speaker at almost 200 continuing education seminars for attorneys across the country (and outside the United States) on subjects ranging from civil trial practice to cross-examination, evidence, opening statement and final argument.
He has taught litigation advocacy courses in England, Ireland, Scotland, Eastern Europe and Asia. He served for ten years as the director of teacher training programs for the National Institute of Trial Advocacy. He lectures regularly for the California Continuing Education of the Bar (CEB), The Rutter Group, CAOC, ABOTA and SFTLA.
Mr. Kelly graduated summa cum laude from St. Mary's College of California in 1973. He obtained his law degree from the University of California, Hastings College of the Law in 1976. He was an Assistant Professor of Law at Hastings from 1981 - 2001. Since 1978 his work has been exclusively in the area of complex plaintiff's personal injury and wrongful death claims.
Noteworthy Verdicts and Settlements
Rogers v. Associated Clinics
$23,200,000 Jury Verdict
Goodloe v. Bell Sports, Inc.
(Defective Consumer Product)
$17,000,000 Jury Verdict
Rachel K. v. Truck Line Operator
(Bicycle v. Semi-Truck - Catastrophic Injuries)
Family of H. v. UpRight, Inc.
(Defective Industrial Product - Wrongful Death)
Twins v. Fertility Center
(Fertility Clinic Negligence - Congenital Disease)
Dahl V. Stone M.D.
(Paraplegia - Medical Malpractice)
$9,420, 840.00 Jury Verdict
Perry v. Budget Rent-A-Car
$8,775,000 Jury Verdict
Kammerer v. Alimak Hek, Inc.
(Construction Site Fall - Arm Amputation)
$8,350,000 Jury Verdict
Widow v. National Package Delivery
(Truck v. Auto Collision - Wrongful Death)
Henry V. v. PG&E
(Electrocution - Utility Negligence)
Child v. Pediatric Neurosurgeon
(Quadriplegia - Surgical Error)
Johnston v. American Honda Motor Co.
(Product Liability - Wrongful Death)
$5,760,000 Jury Verdict
Engineer v. Hospital Corp.
(Failure to Diagnose Aneurysm - Brain Damage)
Diana C. v. Device Maker
(Defective Medical Device - Paralysis)
Richard L. v HMO
(Failure to Diagnose Spinal Abscess)
Student v. Valley Unified School District
(Negligent School Supervision Paraplegia)
Michael O. v. County of Kern
(Dangerous Highway - Brain Damage)
Richard T. v. HMO
(Brain Damage - Failure to Diagnose Cardiomyopathy)
Machinist v. Industrial Machine Design
(Product Liability - Brain Damage)
Infant v. HMO
(Birth Injury - Diplegia)
Jastrab v. Kelada
(Failure to Diagnose Soft Tissue Infection)
$3,170,000 Jury Verdict
Ethier v. Poindexter
(Wrongful Death of Child)
$3,030,000 Jury Verdict
Student v. Daimler-Chrysler
Michael N. v. U.S. Automaker
(Vehicle Stability Defect - Rollover Accident)
Baby Y. v. Sutter Health
(Failure to Diagnose Kernicterus)
Kozusko v. Parke-Davis
(Prescription Drug Liability)
Govil v. Golden Gate Bridge
(Highway & Transportation District - Government Liability)
Magana v. Sunshine
(Trench Cave-In - Abdominal Injury)
Dani S. v. Maritime Industries