.

Sharon M. O'Donnell

Portrait of Sharon M. O'Donnell

Sharon is a highly experienced professional liability attorney who defends private and public entities in a wide array of education law, employment law and civil rights litigation. Her clients range from self-insured corporations, to school districts and other private and public entities insured under errors & omissions, directors & officers, professional liability and employment liability practices insurance policies. 

Sharon has successfully defended some of the most high-profile school district litigation in the state of Pennsylvania. She defends school districts in due process matters brought under the Individuals with Disabilities in Education Act and related federal and state statutes where a free appropriate public education (FAPE) is typically disputed, or related educational services are challenged relating to both gifted and disabled students. She has defended clients before the Pennsylvania Department of Education and the Pennsylvania Special Education Office for Dispute Resolution. 

In the arena of employment law, Sharon defends claims alleging unlawful discrimination, wrongful termination and retaliation matters involving Title VII actions, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act, and other similar federal statutes. She has also defended lawsuits brought under the Pennsylvania Whistleblower Law. She is accustomed to defending employment law clients in actions brought before the Pennsylvania Human Relations Commission, Equal Employment Opportunity Commission, and the Office of Civil Rights.

    • Widener University Delaware Law School (J.D., 1996)
    • King's College (B.A., magna cum laude, 1990)
    • Pennsylvania, 1997
    • Pennsylvania Super Lawyer Rising Star (2005)
    • Harrisburg Style Magazine, December, 2015, "Select Lawyers," (peer rated) in Education and Employment Discrimination Law
    • American Bar Association
    • Dauphin County Bar Association
    • Pennsylvania Bar Association
    • Education Law and related statutory and legal updates to various school districts, insurance companies and professional associations, 2005-2015
    • Employment Law and related statutory and legal updates to various school districts, insurance companies and professional associations, 2005-2015
    • Pennsylvania Special Education Law Seminar, National Business Institute, December 2, 2011
    • Lawfully Managing Student Records Without Violating Privacy Rights, National Business Institute, June 6, 2013
    • Hot Topics in Employment Law, Cumberland County Society for Human Resource Managers, 2002
    • "U.S. Supreme Court Pulls the Plug on DOMA and Opens the Floodgates to Litigation," Defense Digest, Vol. 19, No. 3, September 2013
    • "A Judgment that Doesn't Bear Repeating," PBA Civil Litigation Section Newsletter, Civil Litigation Update, Vol. 6, No. 1, Winter, 2001
    • "Plaintiff Rues Preclusive Effect of Workers' Compensation Decision in Third Party Tort Action," Defense Digest, June Vol. 6, No. 3, 2000
    • "Pennsylvania Bar Claims for Sexual Assault Where Repressed Memory Delays Commencement of Suit," Pennsylvania Bar Association Quarterly, Vol. 69, No. 4, Oct., 1998
    • "Repressed Memory of Sexual Assault Does Not Trigger Discovery Rule," Pittsburgh Legal Journal, Vol. 123, No. 223 Daily Ed., Nov. 25, 1997
    • The School I Deserve, by Jo Napolitano, 2021. Sharon was interviewed and quoted in this book regarding her representation of the subject matter school district.
    • Summary judgment on behalf of an art store chain in a racial discrimination suit over a caricature drawing of a Black woman and her infant son. She, her father and father’s girlfriend, all visitors of a major Pennsylvania theme park, sued the owner of a park kiosk for race discrimination, retaliation and interference under 42 U.S.C. Section 1981, alleging that they were drawn with exaggerated and offensive features rooted in harmful racial stereotypes. They also alleged they were kicked out of the park. The kiosk owner argued that while the caricatures might have been poorly drawn, they were not drawn in any manner intended to be offensive, and while they were happy to see the angry father leave their kiosk, the family was not kicked out of the park. The Judge determined on summary judgment that no reasonable jury could find in favor of the plaintiffs on all three claims and dismissed the action.
    • Defense Verdict:  Alleged racial discrimination case brought by a former African American seventh grade mathematics teacher for a suburban Philadelphia school district, who, although tenured, was informed by his union president that he could be terminated after two unsatisfactory performance evaluations.  Having already received one, and with one likely on the way, he chose to resign.  Three months thereafter he read his own name in the local newspaper amongst various racial slurs that had been exchanged between the former superintendent of the school district and its athletic director. A jury found that his separation from his employment was not based upon his race.
    • Defense verdict in favor of public school, administrators and professional staff alleged to have violated civil rights of freedom of speech, written expression and religious expression of students by disciplining them, up to and including expulsion, for protesting a dress code policy.
    • Directed verdict in favor of a public school board sued by a former member, represented by ACLU attorneys, on a theory of a First Amendment violation of free speech, among other claims, which were voluntarily abandoned prior to trial.
    • Defense verdict by a federal jury in favor of a local college in an alleged unlawful retaliation claim where all alleged Title VII race discrimination claims were voluntarily abandoned on the eve of trial.
    • Defense verdict by a county jury in favor of a credit collection agency alleged to have unlawfully withheld salary and commission to a former executive.
    • Defense verdict on ten separate counts of alleged unlawful gender discrimination by a federal jury in a three-week trial.
    • Defense verdict by county jury in favor of a medical professional by a former patient who alleged negligence in performing bilateral reduction mammoaplasties.
    • Summary judgment in a professional negligence action brought against a psychologist alleged to have breached the standard of care when she dated and married the husband of a client within two years of providing the last client service.
    • Summary judgment on various claims, including 42 U.S.C. 1983, brought in a complex federal court action under the Americans with Disabilities Act against a county District Attorney and his professional staff in which exemplary and significant compensatory damages were sought, resulting in an overall satisfactory outcome.
    • Summary judgment for a defendant general practice physician who provided medical care to a prison inmate who alleged First, Fourth, Fifth, Eighth, and Fourteenth Amendment violations against the facility and its medical staff.
    • Summary judgment on behalf of a defendant breast surgeon alleged to have breached the standard of care in performing and following bilateral TRAM flap reconstruction procedures following bilateral mastectomies.
    • Summary judgment for employer of supervisor-employee who sent text-message with racial epithets to subordinate of color in demonstrating that internal investigation and corrective measures were sufficient to eradicate perception of a racially hostile work environment.
    • Mediation resulting in a $250,000 settlement in a professional liability action against an architect alleged to have breached the standard of care where over $1 million in damages were sought for the repair and reconstruction of a commercial property.
    • Mediation resulting in a $50,000 settlement in an action against an acute care facility and anesthesiologist involving alleged wrongful termination of a nurse anesthetist whose wage loss claim alone was $250,000.
    • Mediation resulting in a settlement under six figures in an alleged race discrimination and unlawful retaliation claim brought by a former assistant superintendent of a school district in which the claimed damages, including attorneys fees, exceeded $1 million.

Results

Thought Leadership

Legal Updates for Employment Law

OSHA’s New Emergency Temporary Standard Suspended for Now

November 18, 2021

Key Dates: Effective Immediately and Until Further Notice Effective November 16, 2021, the Occupational Safety and Health Administration SUSPENDED its November 4, 2021, Emergency Temporary Standard (ETS) that requires private employers with 100 employees or more to mandate COVID-19 vaccinations for employees or, alternatively, for those employees who are exempt, to require continued use of face coverings and the need to show weekly proof of a negative COVID test result.  OSHA’s ETS suspension arrived on the heels of several lawsuits challenging the constitutionality of the ETS which are now being litigated across the country and will be consolidated for appeal before the 6th Circuit Court of Appeals and are likely making their way, ultimately, to the United States Supreme Court.  For now, at least, it appears that all previously announced deadlines for implementation of the ETS by private employers are suspended. Stay tuned for more updates as this fluid and evolving situation develops.   Legal Updates for Employment Law - November 18, 2021, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved.

Legal Updates for Employment Law

COVID-19 Update: New OSHA Regulatory Standard Mandating COVID-19 Vaccinations for Large Employers

November 11, 2021

Key Compliance Dates: December 6, 2021; January 4, 2022            In June of 2021, OSHA filed its plan and reasoning for a new temporary regulatory standard for large employers (i.e., those with 100 employees or more) for the purpose of enforcing the President’s policy of mandating COVID-19 vaccinations. On November 5, 2021, that new standard became effective. In a nutshell, the Emergency Temporary Standard (ETS), found at 29 C.F.R. §1910, Subpart U, is broken down into five subparts, addressing: Vaccination, Testing and Face Coverings (1910.501), Healthcare (1910.502), Mini Respiratory Protection (1910.504), Severability (1910.506), and Incorporation by Reference (1910.509). The section anticipated to have a ubiquitous reach is the first, relating to Vaccination, Testing and Face Coverings. Indeed, this section requires all employers subject to the ETS have in place a policy that: mandates vaccinations by either Pfizer, Moderna or Johnson & Johnson; exempts the mandate for approved reasons, including medical advice against it, sincerely held religious beliefs against it, or situations where it doesn’t apply at all—such as employees who do not come into contact with co-workers or customers, employees who work in an office space completely closed off from other office spaces, employees who work from home or employees who work outside; and requires that those employees exempt from the ETS wear face coverings at all times inside a building or in a car if on company business accompanying others. It further requires those employees to be tested for COVID-19 every seven days and turn those results into the employer, beginning on January 4, 2022. The ETS also requires employers to track and maintain data and documentation on each employee regarding their COVID vaccination status so that if OSHA must do an investigation based upon a complaint, that information is available for inspection. Importantly, this will require employers to collect and maintain (in a separate confidential medical file) each employee’s proof of vaccination and every COVID-19 test result for those employees who are exempt from the mandate. The ETS further protects “whistleblowers” and creates a standard for non-retaliation for anyone who makes a complaint to OSHA without regard to its merit. The ETS requires the employer to separate a non-compliant employee from the workplace unless and until the employee provides a current, negative COVID-19 test result. Significantly, there is no requirement for the employer to maintain a non-compliant employee on its payroll, nor is there a requirement for the employer to pay for the COVID tests that all exempt employees are required to take beginning in January 2022. While legal challenges to the ETS were fully expected and those lawsuits have already been filed, including one Court of Appeals staying the enforcement of the ETS until the challenge can be fully heard, employers should nonetheless put the necessary measures in place to comply with the ETS requirements now by creating all required policies, assuming that OSHA is successful in defeating the pending challenges. Failure to comply with this mandate could result in significant monetary penalties to employers if OSHA determines that an employer failed to have the required policy in place and also failed to enforce that policy with respect to all of its employees. For more information about how to implement and enforce this ETS in your organization, please contact RKODonnell@mdwcg.com, Chair, Employment Law Practice Group, Marshall Dennehey.   Legal Updates for Employment Law – November 11, 2021, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.