Mark grew up in rural Wisconsin, attended Colorado College for a year before transferring to the University of Wisconsin - Madison graduating in 1978 with a B.S. in psychology and minor in philosophy. He received his law degree from the University of Houston Law Center (J.D. 1981). He is admitted to practice in Texas (1981) Wisconsin (1982), Louisiana (1983), Montana (1990), Pennsylvania (2005), Oklahoma (2005) and Georgia (2006).
He began his legal career in Orange and Houston, Texas in partnership with his friend and law school mock-trial teammate, Dennis Powell (who went on to serve for many years as a state district judge in Orange). Mueller and Powell practiced criminal
defense and general personal injury cases for several years. After the partnership ended, Mueller established his own solo practice concentrating on personal injury and medical malpractice cases. He developed an expertise in birth injury litigation, eventually developing a national reputation for large settlements and verdicts in Texas and other states. He was lead counsel on over 90 cases involving recoveries in excess of seven figures including verdicts of $59.5 million and $22.6 million in cases turned down by other firms.
His work in birth injury litigation included helping improve the scientific understanding of the under-appreciated effects of mechanical forces on brain blood flow dynamics and causation of perinatal brain injury as well as documenting to the FDA the risk and frequency of vacuum extractor injuries leading to FDA advisory to obstetricians and hospitals.
As one of the first lawyers involved in the multi-district litigation (MDL) of pelvic mesh, Mark was responsible for locating and developing many of the testifying expert witnesses and discovering several critical documents establishing corporate liability for each manufacturer. Primarily located in the Southern District of West Virginia, this mass tort became the largest and most complex medical device litigation in U.S. history. For this effort, Mark served as co-chair of the science committee and was the co-lead of the Coloplast MDL, member of the Bard MDL bellwether trial team under Henry Garrard and was a member of the Plaintiffs’ Steering Committee and Executive Committee.
Mark is known for his unconventional style and impromptu sense of humor as well as for his optimism, focus, and imaginative approach to problems and solutions. Mark has used a wide assortment of novel demonstrative items including puppets and stuffed animals to brainstorm, assist with clients, and prepare witnesses for trial.
He has handled a wide variety of cases including those involving chemical and radiation exposures, business fraud, insurance bad faith, electrocutions, deaths and injuries from unsafe industrial and household products, deceptive trade practices, Native American land rights, premises liability for rapes and assaults from poor security or defective locks, doors, or windows and sexual misconduct against religious orders, therapists, and counselors.
Mark is a graduate of the Gerry Spence Trial Lawyer College and later served as a teaching faculty member. He has been asked to present at legal continuing education conferences on a number of topics including jury selection, use of demonstrative evidence, The Future of Law, effective use of experts and science at trial, deposition and cross examination techniques and arguing damages in a malpractice case.
He has handled unusual cases as well, such as the so-called “condom rape” case where his efforts led to a reformation of the grand jury system by using professional counselors to educate grand jurors about rape trauma and rape responses. This process led to the successful prosecution of his client’s rapist and ultimately to a civil suit recovery against the landlord for failure to have properly working sliding glass door latches. Mark’s success from taking difficult and/or unusual cases has led to appearances on Oprah Winfrey, Good Morning America, the Today Show, Montel Williams and others as well as national front page news coverage by The NY Times and other outlets including legal and general interest magazines.
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