As a member of the Pharmaceutical, Medical Device and Healthcare Group, Paul defends pharmaceutical and medical device manufacturers in mass tort and individual cases pending in various state and federal venues throughout the country.
Overview
As a member of the Pharmaceutical, Medical Device and Healthcare Group, Paul defends pharmaceutical and medical device manufacturers in mass tort and individual cases pending in various state and federal venues throughout the country.
Practice Areas
About
Paul advises and defends manufacturers against product liability claims in state and federal courts, including some of the country’s most difficult jurisdictions. His practice focuses on complex medical device litigation, including Multi-District Litigations (MDL), class actions, mass torts, Attorneys General actions, and single plaintiff cases.
Paul has extensive experience preparing, defending, and cross examining case specific and general causation experts. As a key member of the national case work-up, expert, and trial teams in one of the largest MDLs in history, he has been involved in all aspects of fact and expert discovery and trial strategy. He recently cross-examined plaintiff’s primary case specific and general causation experts as the second-chair trial attorney in a two-week pelvic mesh trial that resulted in a complete defense verdict. See “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022. In addition, he has provided on-site trial support to lead trial counsel in more than a dozen federal and state court trials involving pelvic mesh. Paul plays in integral role in developing trial strategies, coordinating and arguing deposition designations of company witnesses, arguing motions in limine and Daubert motions, preparing and defending company witnesses and experts, cross examining experts, and creating jury-friendly trial graphics.
He frequently writes and speaks on litigation-related topics. In October 2020, he co-authored “An Examination of the Lack of Uniformity in a Post-MDL Remand, COVID-19 World,” DRI’s For the Defense. He also spoke at Mississippi College School of Law’s Trial Practice class in February 2022 on “Effective Strategies for Attacking and Defending Expert Witnesses.”
He obtained his J.D., magna cum laude, from Mississippi College School of Law, his M.B.A. from Mississippi College, and his B.S., cum laude, from Longwood University. He is admitted the State Bar of Mississippi.
Experience
- Specializes in leading national science teams to strategically develop and coordinate scientific defense strategies for Multi-District Litigations (MDLs) and mass tort cases.
- Integral member of the national discovery teams, expert teams, and trial teams in some of the largest and most complex MDLs in history.
- Involved in every stage of fact and expert discovery, spanning from conducting depositions of plaintiffs, prescribing physicians, treating physicians, and medical experts to preparing for trial.
- Regularly prepares company fact witnesses, 30(b)(6) witnesses, and experts for deposition and trial testimony.
- Extensive experience in simplifying complex medical matters and skillfully defending and cross-examining experts during depositions and trials.
- Consistently obtains favorable testimony that results in the exclusion of plaintiffs' experts' opinions.
- Responsible for the identification, retention, development, and coordination of case-specific and general causation experts.
- Presents on pivotal scientific issues in mass tort litigation to clients, trial teams, new team members, and international counsel.
- Aggressively prepared numerous cases for trial as trial counsel before the cases resolved.
- Richards v. Johnson & Johnson, et al. (E.D. Texas): Served as second chair trial counsel in a 10-day jury trial involving pelvic mesh that resulted in a complete defense verdict (2022). “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022.
- Samuels Construction, LLC et al. v. Sinha et al. (Miss.): Served as second chair trial counsel in a two-day trial involving a property dispute in Oxford, Mississippi that resulted in a favorable judgment granting easement rights (2019).
- Provided on-site site trial support to lead trial counsel for Ethicon Inc. and Johnson & Johnson in more than a dozen federal and state court pelvic mesh trials.
- Bryant v. Thoratec Corp., et al., 343 F. Supp.3d 594 (S.D. Miss. July 30, 2018), Motion to dismiss granted against all claims in personal injury action involving a Class III left ventricular assist device.
Distinctions
- Best Lawyers in America®
- Product Liability Litigation – Defendants, 2019-2024
- Health Care Law, 2023-2024
- The Legal 500 US
- Recognized as a key lawyer in the editorial for nationwide dispute Resolution: Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices – Defense, 2022 and 2023
- Benchmark Litigation
- Member of the team selected as nationwide Product Liability Firm of the Year, 2018
- Mississippi Business Journal, Top 50 Leaders in the Law, 2015
- Mississippi College School of Law’s National Trial Competition Teams, Coach, 2015
- International Association of Defense Counsel (IADC) Trial Academy, Stanford Law School, Graduate, 2016
- Eagle Scout
Bar Admissions
- Mississippi, 2012
- U.S. District Courts
- Mississippi: Northern, Southern
- U.S. Court of Appeals
- 5th Circuit
- Admitted pro hac vice in several states throughout the country.
Education
- Mississippi College, J.D., magna cum laude, 2012
- Order of the Barristers
- Trial Advocacy Chair, Moot Court Board
- Best Paper Award, Appellate Advocacy
- Frisby Griffing Marble Scholarship
- Founder/President, Business Law Group
- National Trial Competition Team
- Mississippi College, M.B.A., 2012
- Longwood University, B.S., cum laude, 2005
Associations
- American Bar Association
- Defense Research Institute (DRI)
- International Association of Defense Counsel (IADC)
- Federal Bar Association
- Mississippi Defense Lawyers Association
- Capital Area Bar Association
Papers, Presentations & Publications
- Speaker, "Best Practices and Pitfalls of Preparing Expert Reports," IADC Drug, Device & Biotechnology Committee Meeting, November 13, 2023.
- Speaker, “Discussion on Medical Device Litigation from the Defense Perspective,” Mississippi College School of Law, April 2023.
- Mentioned, "Kate Skagerberg and Paul Rosenblatt Secure a Complete Defense Jury Verdict in Pelvic Mesh Case," IADC, January 9, 2023.
- Speaker, “Effective Strategies for Attacking and Defending Expert Witnesses,” Mississippi College School of Law, Trial Practice, February 2022.
- Co-Author, “An Examination of the Lack of Uniformity in a Post-MDL Remand, COVID-19 World,” DRI’s For the Defense, October 2020.
- Speaker, “Intersection of Medical Devices and Software: Mitigation the Cybersecurity Threats of Connected Medical Devices,” Presentation to the American Intellectual Property Law Association, Virtual Spring Meeting, May 2020.
- Speaker, “Health Law Speaker Series: Complex Drug and Device Litigation,” Mississippi College School of Law, October 2019.
- Co-Author, “Methodology Matters,” The Voice, Vol. 17, Issue 43, November 7, 2018.
- Author, “Fighting the Failure-to-Warn Claim: How Medical Literature Could be Your Greatest Weapon,” Mississippi Defense Lawyers Association, The Quarterly, Spring 2018.
- Author, “Cybersecurity Threats in Healthcare,” Pro Te: Solutio, Vol. 10 No. 4, January 2018.
- Speaker, “New FDA Guidance on Medical Device Cybersecurity Management: Addressing Insecurity of Medical Things,” Webinar, August 2017.
- Author, "Like it or Not? The FDA is Following Social Media" Pro Te: Solutio, Vol. 7 No. 4, 23-29, December 2014.
- Co-Author, "Plaintiffs and Courts are Increasingly Adopting Predictive Coding Because of its Reliability: Should your Company Consider it for your Litigation?" Pro Te: Solutio, Vol. 6 No. 3, 13-17, September 2013.
- Author, "How to Obtain Social Media Discovery Effectively without Overstepping Any Ethical Boundaries," DRI’s The Whisper: Newsletter of the Young Lawyers Committee, Vol. 9, Issue 6/7, September 2013.
- Speaker, "Find it Free and Fast on the Net: Strategies for Legal Research on the Web," National Business Institute CLE, May 2013.