Comprehensive Legal Defense
Biography
Bob is a trial lawyer whose career has revolved around advocacy and service. Bob’s emphasis is on defending physicians, hospitals and other health care professionals and he has successfully defended malpractice lawsuits and provider license matters across Nebraska and Iowa.
Between 1999 and 2022, Bob successfully tried over 40 civil jury trials as lead counsel including trials in areas such as medical malpractice, insurance defense, probate, and personal injury litigation. He has argued dozens of appellate matters to the Nebraska Court of Appeals, the Nebraska Supreme Court, the Iowa Supreme Court, and the Eight Circuit Court of Appeals.
Bob is a graduate of the University of Nebraska Lincoln (Political Science – 1994) and the University of Nebraska College of Law (1997). He is licensed to practice law in Nebraska and Iowa. Robert is a member of the Nebraska State Bar Association, the Omaha Bar Association, the Federal Defense and Corporate Counsel, the Nebraska Defense Counsel Association, the Defense Research Institute, and the Omaha Barristers. He is also rated “AV Preeminent” by Martindale Hubbell.
Between 1999 and 2022, Bob successfully tried over 40 civil jury trials as lead counsel including trials in areas such as medical malpractice, insurance defense, probate, and personal injury litigation. He has argued dozens of appellate matters to the Nebraska Court of Appeals, the Nebraska Supreme Court, the Iowa Supreme Court, and the Eight Circuit Court of Appeals.
Bob is a graduate of the University of Nebraska Lincoln (Political Science – 1994) and the University of Nebraska College of Law (1997). He is licensed to practice law in Nebraska and Iowa. Robert is a member of the Nebraska State Bar Association, the Omaha Bar Association, the Federal Defense and Corporate Counsel, the Nebraska Defense Counsel Association, the Defense Research Institute, and the Omaha Barristers. He is also rated “AV Preeminent” by Martindale Hubbell.
Education
- Undergraduate Degree – University of Nebraska (1994)
- Law Degree – University of Nebraska College of Law (1997)
Areas of Expertise
- Bob concentrates his practice on the defense of Medical Malpractice cases in Nebraska and Iowa. He is a well-known advocate for medical providers and is also known for his expertise on ethics. He has served many years on the Nebraska Supreme Court’s Ethics Appeal Board, as well as serving as a member of two separate Judicial Nominating Commissions.
- Bob has participated in several presentations and Mock Trial Events for medical provider malpractice insurance carriers and Insureds, including COPIC, University of Nebraska Medical Center, Bryan Hospital and Children’s Hospital & Medical Center. He has also lectured to first year resident physicians related to issues that they may face in their practice.
Awards and Achievements
- 2022 Attorney of the Year – Nebraska Defense Counsel Association
Bar Admissions
- Nebraska, 1997
- U.S. District Court District of Nebraska, 1999
- Iowa 2016
Professional Associations
- Nebraska State Bar Association
- Nebraska Defense Counsel Association
- Defense Research Institute
- Omaha Bar Association
- Omaha Bar Association, Courts Committee, 2002 to 2007
- Omaha Barristers Club
- Omaha Barristers Club, President, 2007 to 2008
- Nebraska Supreme Court, Disciplinary Review Board, 2007
- Nebraska Defense Counsel Association, Board Member, 2007 to 2011
Honors
- CALI Excellence for the Future Awards in Advanced Trial Advocacy
- 2022 Attorney of the Year – Nebraska Defense Counsel Association
Past Positions
- Hon. Michael McCormack, Supreme Court, Judicial Clerk, 1997 to 1998
Published Works
- Nebraska Defense Counsel Association Newsletter – Summer 2011 Issue
- Taking Your Opponent’s Expert’s Deposition: Practice Considerations in Light of the Nebraska Supreme Court’s Decision in Walton v. Patil
Representative Cases
- Mr. Mooney has tried over 40 jury trials as lead counsel. Some representative cases are:
- Estate of Lear v. Omaha Thoracic & Cardiovascular Surgery, P.C. (Douglas County District Court) (2023) Plaintiff alleged that Defendant Physician was negligent resulting in patient death following lung lobectomy procedure. Mr. Mooney won a defense verdict for his client in this multi-million dollar case following an eight-day jury trial.
- Estate of Davis v. Mid-City OB/GYN, P.C. (Douglas County District Court) (2023) Plaintiff alleged that defendant physician perforated patient’s bowel during gynecologic procedure resulting in sepsis and death. Mr. Mooney secured a defense verdict in favor of his clients in this multi-million dollar case following a two week jury trial.
- Estate of Schaeffer v. Mid-City OB/GYN, P.C. (Douglas County District Court) (2022), Plaintiff alleged that defendant physicians committed malpractice in perforating patient’s bowel during gynecologic procedure resulting in patient death. Mr. Mooney won a defense verdict after a two-week jury trial.
- Estate of Selvage v. Fallbrook Family Healthcare, (Lancaster County District Court) (2022), Plaintiff alleged failure to diagnose ESBL-resistant E-Coli Urinary Tract infection resulting in sepsis and death. Mr. Mooney won a defense verdict for his client after a 5-day trial.
- Estate of Joseph Gustafson v. Nebraska Medicine, et al. (Douglas County District Court) (2022), Plaintiff alleged a failure to recognize and diagnose a lacerated spleen resulting in bleeding and death. Mr. Mooney’s client prevailed after a 6-day jury trial.
- Linda Head v. Diagnostic Radiology, P.C. (Douglas County, Nebraska District Court) (2021), Plaintiff claimed Mr. Mooney’s client failed to appreciate lung cancer on chest X-Ray and due to failure to diagnose, her cancer became more advanced. After a 5-day trial, the jury returned a verdict in favor of Mr. Mooney’s client.
- Marcus Connors v. Tri-County Area Hospital District, et al (Dawson County, Nebraska District Court, Case No. CI 16-96) (2018), After two co-defendants settled their claims, Mr. Mooney’s physician defendant proceeded to trial in this failure to diagnose and treat internal bleeding lawsuit. The jury returned a defense verdict.
- Estate of Michael Kroll v. Dr. Jody Istas (Douglas County, Nebraska District Court, Case No. CI 13-1165) (2017), After an eight-day jury trial, the jury returned a verdict in favor of Mr. Mooney’s and all other defendants in this failure to diagnose stroke/wrongful case.
- John Logan, et al v. Midwest Gastroenterology, P.C., et al (Douglas County, Nebraska District Court, Case No. CI 14-965)(2017), Jury found in favor of the Defendants in a medical malpractice action asserting injury during colonoscopy.