Chad R. Hutchinson

Chad R.

Hutchinson

Overview

Chad Hutchinson is an experienced trial attorney who has defended clients in the pharmaceutical and medical device industry the majority of his career. He has successfully tried multiple cases to verdict in first chair trial roles and assisted trial teams in multi-district litigation and various state courts all over the country in product liability cases. In 2018, Chad was selected as a winner of the Law360 Distinguished Legal Writing Award by The Burton Foundation for his published work. He is listed in Best Lawyers in America® and Super Lawyers® and is AV-rated by Martindale-Hubbell

About

As part of his experience, Chad has also handled Attorney General enforcement actions and toxic tort exposure casesIn addition to preparing and defending company witnesses and 30(b)(6) representatives, Chad focuses his work on expert witnesses in the fields of biomaterials, polymer science, chemistry, toxicology and epidemiology.  He has deposed numerous Plaintiffs’ experts in these fields, several of which concluded with successful Daubert challenges that limited or excluded the admissibility of their opinions.  He has also presented to judges presiding at court-ordered Science Days, as well as led all work-up phases for experts, including selection, preparation, defending their depositions, and directing their testimony at trial.

In 2018, a client selected Chad as its “Attorney of the Year.”  He graduated from the prestigious International Association of Defense Counsel (IADC) Trial Academy. In 2019, Chad served as a faculty member of the academy. Chad is active in a number of industry organizations, including IADC, where he is a member of the Drug, Device & Biotechnology Committee and serves as the Vice Chair of Programs and Projects. Chad is also a member of the Trial Attorneys of America.

Chad obtained a J.D., cum laude, from Mississippi College. He obtained both an M.A., cum laude, in Taxation and a B.A., cum laude, in Accountancy from the University of Mississippi. He is admitted to practice in Mississippi and has applications pending in Alabama and Tennessee.

.

Experience

  • Jarrett v. Ethicon, Inc. and Johnson & Johnson, Case No. 4:20-CV-01517-BRW, United States District Court for the Eastern District of Arkansas; October 12, 2022; Lead Trial Counsel; defense verdict. See J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022.
  • Knoth v. Apollo Endoscopy US, Inc. et al., Case No. 5:18-CV-00049-DCB-MTP, United States District Court of the Southern District of Mississippi; June 30, 2022; Lead Trial Counsel; defense verdict.
  • Cheryl Lankston v. Ethicon Inc. and Johnson & Johnson, In the United States District Court for the Southern District of Texas; Houston Division; No. 4:17-CV- 00323; November 9, 2017; Trial Counsel; defense verdict.
  • Kimberly Adkins v. Ethicon Inc. and Johnson & Johnson, In the Court of Common Pleas of Philadelphia County, Pennsylvania; No. 130700919; June 9, 2017; Trial Counsel; defense verdict.   
  • Keckley v. Estes Equipment Corp. et al., In the Circuit Court of Rankin County, Mississippi; Cause No. 2014-46; May 15, 2017; summary judgment.
  • Pilot Travel Centers, LLC v. Mid-Continent Cas. Comp., 2016 WL 1633060, USDC of S. Miss; April 21, 2016; summary judgment.
  • Whitener v. Baxter Healthcare Corp., USDC of E.D. LA; Apr. 22, 2014; summary judgment.
  • James Orams v. Pilot Travel Centers, LLC, Circuit Court of Hinds County, Mississippi; Civil Action No. 251-09-6909; August 15, 2013; summary judgment.
  • Suzanna Davis v. The Young Men’s Christian Association, Circuit Court of Rankin County, Mississippi; Civil Action No. 2012-653; April 23, 2013; summary judgment. 
  • Lyles v. Maselle & Associates et al.; Mississippi Arbitration Association; April 2, 2013; Lead Trial Counsel; defense verdict. 
  • Savage v. Pilot Travel Centers, LLC, United States Court of Appeals for the Fifth Circuit; Civil Action No. 11-60406; March 9, 2012; summary judgment affirmed.
  • Magee v. Covington County School Dist., 96 So.3d 742 (Miss. App. Ct. 2012); summary judgment affirmed.
  • Mayers v. Burke Handling Systems, Inc.; Circuit Court of Scott County, Mississippi; May 31, 2011; Lead Trial Counsel; directed verdict.
  • Marie Ellison et al. v. CareGivers, LLC d/b/a Clarksdale Nursing Home, Circuit Court of Coahoma County, Mississippi; Civil Action No. 14-CI-02-0141; August 30, 2010; summary judgment.
  • Derse, Inc. v. Haas Outdoors, Inc. dba Mossy Oak; August 17, 2010; American Arbitration Association; No. 69 152 00513; Lead Trial Counsel; judgment for client for full amount requested. 
  • State Farm Auto Ins. Co. v. Tiffin Motor Homes, Inc., Caddo Parish, LA; June 1, 2009; summary judgment.
  • Thelma Mitchell, et al. v. Nutrition & Management Services, Inc., et al., Circuit Court of Coahoma County, Mississippi; Civil Action No. 14-CI-03-0063; February 17, 2009; summary judgment.
  • McIntosh v. Dillards Department Stores; S.D. Miss.; February 12, 2008; Lead Trial Counsel; defense verdict. 
  • Veal v. J.P. Morgan Trust Co., N.A., 955 So.2d 843 (Miss. 2007).
  • Eaton Vance Municipals Trust v. Conegie, 2007 WL 1484539 (N.D. Miss. 2007).
  • McKenzie v. Highland Home Nursing Center, et al.; Rankin County Circuit Court; Cause No. 2002-393; September 17, 2003; obtained first order from a Mississippi trial court compelling arbitration in a nursing home case.
  • Smith v. Nationwide Mut. Ins. Co., 286 F.Supp.2d 777 (S.D. Miss. 2003).
  • Backwell v. Tiffin Motor Homes, Inc.; Circuit Court of Smith County, Miss.; Trial Counsel; defense verdict. 

Distinctions

  • Client Designated MVP Presenter, Medical Device Seminar, 2022
  • Client Designated Attorney of the Year, 2018
  • Best Lawyers in America®
    • Personal Injury Litigation – Defendants, 2013-2023
  • Super Lawyers®
    • Personal Injury Defense: Medical Malpractice, 2008-2016, 2018-2020
  • Martindale-Hubbell®
    • AV®-Preeminent™ Peer Review Rated
  • Member, Trial Attorneys of America
  • Faculty Member, International Association of Defense Counsel (IADC) Trial Academy, Stanford Law School, 2019
  • Graduate, International Association of Defense Counsel (IADC) Trial Academy, Stanford Law School, 2006
  • Leadership Mississippi, Class of 2005
  • Certified Public Accountant

Bar Admissions

  • Mississippi, 2001
  • U.S. District Courts
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 5th Circuit
  • Admitted pro hac vice in seven states

Education

  • Mississippi College, J.D., cum laude, 2001
    • Managing Editor, Mississippi College Law Review
  • University of Mississippi, M.A., Taxation, cum laude, 1996
  • University of Mississippi, B.A., Accountancy, cum laude, 1995

Associations

  • American Bar Association
  • Federal Bar Association
  • Defense Research Institute (DRI)
    • Medical and Health Care Law Committee
  • Mississippi Defense Lawyers Association
  • Mississippi Bar Association
  • International Association of Defense Counsel (IADC)
    • Vice Chair, Programs and Projects
    • Drug, Device & Biotechnology Committee
      • Vice Chair, Publications

Papers, Presentations & Publications

  • Speaker, “From the Trenches: Litigation Tips & Tricks” Pharmaceutical / Medical Device Seminar, Cooperstown, New York, June 9, 2022.
  • Podcast Guest, "Defense Counsel Journal Highlight: Turning the Tables: Non-Retained Experts for Defendants," IADC Speaks Podcast, February 7, 2022.
  • Co-Author, "Turning the Tables: Non-Retained Experts for Defendants," IADC Defense Counsel Journal, Vol. 88, No. 4, October 20, 2021. 
  • Speaker, “Battle of the Experts: Cross-Examination Strategies and Techniques,” Client-Industry Sponsored Seminar, Miami, Florida, October 6, 2021.
  • Speaker, “Best Practices of Working with Experts (If You Need One),” Pharmaceutical / Medical Device Seminar, Coeur d’Alene, Idaho, June 10, 2021.
  • Co-Author, “The Case for Non-Retained Expert Witnesses,” Pro Te: Solutio, Vol. 14, No. 1, February 2021.
  • Co-Author, “The Mongoose Strikes Back: How to Thwart a Reptilian Attack,” Pro Te: Solutio, Vol. 12 No. 3, September 2019.
  • Speaker, “Digital Communication Etiquette: The Good, the Bad & the Ugly,” Medical Device Presentation, Denver, Colo., August 28, 2019.
  • Speaker, “The Mongoose Strikes Back: How to Kill a Reptilian Attack,” Pharmaceutical/Medical Device Seminar Presentation, Austin, Texas, June 6, 2019.
  • Speaker“Strategies for Trial Success,” Pharmaceutical/Medical Device Seminar Presentation, Santa Fe, N.M., June 15, 2018.
  • Speaker, “Strategies for Minimizing the Likelihood of a Punitive Damages Verdict,” International Association of Defense Counsel (IADC) Drug, Medical Device and Biotec Committee Presentation, Palm Springs, Calif., February 12, 2018.
  • Author, Epidemiology for Lawyers,” Trial Attorneys of America, June 2017.
  • Co-AuthorEpidemiology and the NFL Collide,Pro Te: Solutio, Vol. 10 No. 1 (2017).
  • Speaker, “Epidemiology – What Trial Lawyers and Jurors Really Need to Know;” International Association of Defense Counsel (IADC) Drug, Medical Device and Biotec Committee Seminar Presentation, Scottsdale, Ariz., February 19, 2017.
  • Speaker, “Epidemiology by Lawyers for Lawyers;” Defense Research Institute (DRI), Webinar, December 15, 2016.
  • Co-Author, “Voir Dire,” International Association of Defense Counsel (IADC) Defense Counsel Training Manual, Third Edition, 2016.
  • Speaker, "Effective Use of Epidemiology in the Courtroom,” Pharmaceutical/Medical Device Seminar Presentation, La Jolla, Calif., June 2016.
  • Speaker, "Drug and Medical Device Litigation:  Recent Trends in Products Liability Litigation," Pharmaceutical/Medical Device Seminar Presentation, Sea Island, Ga., June 2015.
  • Speaker"Recent Developments in the Pharmaceutical/Product Liability Industry," In-house Client Presentation, New Brunswick, N.J., May 2013.
  • Speaker"Epidemiology Concepts and Applications," In-house Seminar Presentation, August 2012.
  • Speaker"Drug and Medical Device Litigation:  Navigating the Social Media Maze," Panel Counsel Seminar Presentation, Lake George, N.Y., June 2012.
  • Author, "The Path to Aggregate Settlements," American Bar Association Mass Torts Litigation, Vol. 10 No. 3, Spring 2012.
  • Author, “The Final Rule: FDA's Security Reporting Requirements for Investigational New Drug Applications," Pro Te: Solutio, Vol. 5 No. 1, 8-11, February 2012.
  • Speaker"Tips for Impeaching and Discrediting Plaintiffs’ Expert Witnesses," ACI Long Term Care Conference, Miami, Fla., April 2011.
  • Speaker"Sanctions for Failure to Properly Preserve Electronic Evidence," In-house Client Presentation, Whitehouse Station, Pa., June 2010.
  • Speaker"ABA’s Ethics Opinion on Aggregate Settlements," Professional Liability Seminar, New York, N.Y., May 2010.
  • Author, “Understanding the Inherent Risks of Dual Representation in Internal Investigations and Civil Litigation,” Pro Te: Solutio, Vol. 2 No. 4, Fall 2009. 
  • Author "Caves: Clarity or Confusion?" Mississippi Defense Lawyers Association Quarterly, April 2009.
  • Author, “Oops! The Dog Ate My Pacemaker, A Lower Standard of Spoliation Claims,” Pro Te: Solutio, Fall 2008.
  • Speaker"Advanced Expert Witness Deposition Tactics," National Business Institute Seminar, October 2008.
  • Speaker"Advanced Deposition and Trial Techniques for Cross-Examining the Combative Plaintiff’s Expert Witness," DRI’s Nursing Home/ALF Litigation Seminar, September 2008.
  • Author, "Cross-Examinations of Lay Witness," In-house Defense Quarterly, Winter 2006.

Chad R.

Hutchinson

Overview

Chad Hutchinson is an experienced trial attorney who has defended clients in the pharmaceutical and medical device industry the majority of his career. He has successfully tried multiple cases to verdict in first chair trial roles and assisted trial teams in multi-district litigation and various state courts all over the country in product liability cases. In 2018, Chad was selected as a winner of the Law360 Distinguished Legal Writing Award by The Burton Foundation for his published work. He is listed in Best Lawyers in America® and Super Lawyers® and is AV-rated by Martindale-Hubbell

About

As part of his experience, Chad has also handled Attorney General enforcement actions and toxic tort exposure casesIn addition to preparing and defending company witnesses and 30(b)(6) representatives, Chad focuses his work on expert witnesses in the fields of biomaterials, polymer science, chemistry, toxicology and epidemiology.  He has deposed numerous Plaintiffs’ experts in these fields, several of which concluded with successful Daubert challenges that limited or excluded the admissibility of their opinions.  He has also presented to judges presiding at court-ordered Science Days, as well as led all work-up phases for experts, including selection, preparation, defending their depositions, and directing their testimony at trial.

In 2018, a client selected Chad as its “Attorney of the Year.”  He graduated from the prestigious International Association of Defense Counsel (IADC) Trial Academy. In 2019, Chad served as a faculty member of the academy. Chad is active in a number of industry organizations, including IADC, where he is a member of the Drug, Device & Biotechnology Committee and serves as the Vice Chair of Programs and Projects. Chad is also a member of the Trial Attorneys of America.

Chad obtained a J.D., cum laude, from Mississippi College. He obtained both an M.A., cum laude, in Taxation and a B.A., cum laude, in Accountancy from the University of Mississippi. He is admitted to practice in Mississippi and has applications pending in Alabama and Tennessee.

.

Experience

  • Jarrett v. Ethicon, Inc. and Johnson & Johnson, Case No. 4:20-CV-01517-BRW, United States District Court for the Eastern District of Arkansas; October 12, 2022; Lead Trial Counsel; defense verdict. See J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022.
  • Knoth v. Apollo Endoscopy US, Inc. et al., Case No. 5:18-CV-00049-DCB-MTP, United States District Court of the Southern District of Mississippi; June 30, 2022; Lead Trial Counsel; defense verdict.
  • Cheryl Lankston v. Ethicon Inc. and Johnson & Johnson, In the United States District Court for the Southern District of Texas; Houston Division; No. 4:17-CV- 00323; November 9, 2017; Trial Counsel; defense verdict.
  • Kimberly Adkins v. Ethicon Inc. and Johnson & Johnson, In the Court of Common Pleas of Philadelphia County, Pennsylvania; No. 130700919; June 9, 2017; Trial Counsel; defense verdict.   
  • Keckley v. Estes Equipment Corp. et al., In the Circuit Court of Rankin County, Mississippi; Cause No. 2014-46; May 15, 2017; summary judgment.
  • Pilot Travel Centers, LLC v. Mid-Continent Cas. Comp., 2016 WL 1633060, USDC of S. Miss; April 21, 2016; summary judgment.
  • Whitener v. Baxter Healthcare Corp., USDC of E.D. LA; Apr. 22, 2014; summary judgment.
  • James Orams v. Pilot Travel Centers, LLC, Circuit Court of Hinds County, Mississippi; Civil Action No. 251-09-6909; August 15, 2013; summary judgment.
  • Suzanna Davis v. The Young Men’s Christian Association, Circuit Court of Rankin County, Mississippi; Civil Action No. 2012-653; April 23, 2013; summary judgment. 
  • Lyles v. Maselle & Associates et al.; Mississippi Arbitration Association; April 2, 2013; Lead Trial Counsel; defense verdict. 
  • Savage v. Pilot Travel Centers, LLC, United States Court of Appeals for the Fifth Circuit; Civil Action No. 11-60406; March 9, 2012; summary judgment affirmed.
  • Magee v. Covington County School Dist., 96 So.3d 742 (Miss. App. Ct. 2012); summary judgment affirmed.
  • Mayers v. Burke Handling Systems, Inc.; Circuit Court of Scott County, Mississippi; May 31, 2011; Lead Trial Counsel; directed verdict.
  • Marie Ellison et al. v. CareGivers, LLC d/b/a Clarksdale Nursing Home, Circuit Court of Coahoma County, Mississippi; Civil Action No. 14-CI-02-0141; August 30, 2010; summary judgment.
  • Derse, Inc. v. Haas Outdoors, Inc. dba Mossy Oak; August 17, 2010; American Arbitration Association; No. 69 152 00513; Lead Trial Counsel; judgment for client for full amount requested. 
  • State Farm Auto Ins. Co. v. Tiffin Motor Homes, Inc., Caddo Parish, LA; June 1, 2009; summary judgment.
  • Thelma Mitchell, et al. v. Nutrition & Management Services, Inc., et al., Circuit Court of Coahoma County, Mississippi; Civil Action No. 14-CI-03-0063; February 17, 2009; summary judgment.
  • McIntosh v. Dillards Department Stores; S.D. Miss.; February 12, 2008; Lead Trial Counsel; defense verdict. 
  • Veal v. J.P. Morgan Trust Co., N.A., 955 So.2d 843 (Miss. 2007).
  • Eaton Vance Municipals Trust v. Conegie, 2007 WL 1484539 (N.D. Miss. 2007).
  • McKenzie v. Highland Home Nursing Center, et al.; Rankin County Circuit Court; Cause No. 2002-393; September 17, 2003; obtained first order from a Mississippi trial court compelling arbitration in a nursing home case.
  • Smith v. Nationwide Mut. Ins. Co., 286 F.Supp.2d 777 (S.D. Miss. 2003).
  • Backwell v. Tiffin Motor Homes, Inc.; Circuit Court of Smith County, Miss.; Trial Counsel; defense verdict. 

Distinctions

  • Client Designated MVP Presenter, Medical Device Seminar, 2022
  • Client Designated Attorney of the Year, 2018
  • Best Lawyers in America®
    • Personal Injury Litigation – Defendants, 2013-2023
  • Super Lawyers®
    • Personal Injury Defense: Medical Malpractice, 2008-2016, 2018-2020
  • Martindale-Hubbell®
    • AV®-Preeminent™ Peer Review Rated
  • Member, Trial Attorneys of America
  • Faculty Member, International Association of Defense Counsel (IADC) Trial Academy, Stanford Law School, 2019
  • Graduate, International Association of Defense Counsel (IADC) Trial Academy, Stanford Law School, 2006
  • Leadership Mississippi, Class of 2005
  • Certified Public Accountant

Bar Admissions

  • Mississippi, 2001
  • U.S. District Courts
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 5th Circuit
  • Admitted pro hac vice in seven states

Education

  • Mississippi College, J.D., cum laude, 2001
    • Managing Editor, Mississippi College Law Review
  • University of Mississippi, M.A., Taxation, cum laude, 1996
  • University of Mississippi, B.A., Accountancy, cum laude, 1995

Associations

  • American Bar Association
  • Federal Bar Association
  • Defense Research Institute (DRI)
    • Medical and Health Care Law Committee
  • Mississippi Defense Lawyers Association
  • Mississippi Bar Association
  • International Association of Defense Counsel (IADC)
    • Vice Chair, Programs and Projects
    • Drug, Device & Biotechnology Committee
      • Vice Chair, Publications

Papers, Presentations & Publications

  • Speaker, “From the Trenches: Litigation Tips & Tricks” Pharmaceutical / Medical Device Seminar, Cooperstown, New York, June 9, 2022.
  • Podcast Guest, "Defense Counsel Journal Highlight: Turning the Tables: Non-Retained Experts for Defendants," IADC Speaks Podcast, February 7, 2022.
  • Co-Author, "Turning the Tables: Non-Retained Experts for Defendants," IADC Defense Counsel Journal, Vol. 88, No. 4, October 20, 2021. 
  • Speaker, “Battle of the Experts: Cross-Examination Strategies and Techniques,” Client-Industry Sponsored Seminar, Miami, Florida, October 6, 2021.
  • Speaker, “Best Practices of Working with Experts (If You Need One),” Pharmaceutical / Medical Device Seminar, Coeur d’Alene, Idaho, June 10, 2021.
  • Co-Author, “The Case for Non-Retained Expert Witnesses,” Pro Te: Solutio, Vol. 14, No. 1, February 2021.
  • Co-Author, “The Mongoose Strikes Back: How to Thwart a Reptilian Attack,” Pro Te: Solutio, Vol. 12 No. 3, September 2019.
  • Speaker, “Digital Communication Etiquette: The Good, the Bad & the Ugly,” Medical Device Presentation, Denver, Colo., August 28, 2019.
  • Speaker, “The Mongoose Strikes Back: How to Kill a Reptilian Attack,” Pharmaceutical/Medical Device Seminar Presentation, Austin, Texas, June 6, 2019.
  • Speaker“Strategies for Trial Success,” Pharmaceutical/Medical Device Seminar Presentation, Santa Fe, N.M., June 15, 2018.
  • Speaker, “Strategies for Minimizing the Likelihood of a Punitive Damages Verdict,” International Association of Defense Counsel (IADC) Drug, Medical Device and Biotec Committee Presentation, Palm Springs, Calif., February 12, 2018.
  • Author, Epidemiology for Lawyers,” Trial Attorneys of America, June 2017.
  • Co-AuthorEpidemiology and the NFL Collide,Pro Te: Solutio, Vol. 10 No. 1 (2017).
  • Speaker, “Epidemiology – What Trial Lawyers and Jurors Really Need to Know;” International Association of Defense Counsel (IADC) Drug, Medical Device and Biotec Committee Seminar Presentation, Scottsdale, Ariz., February 19, 2017.
  • Speaker, “Epidemiology by Lawyers for Lawyers;” Defense Research Institute (DRI), Webinar, December 15, 2016.
  • Co-Author, “Voir Dire,” International Association of Defense Counsel (IADC) Defense Counsel Training Manual, Third Edition, 2016.
  • Speaker, "Effective Use of Epidemiology in the Courtroom,” Pharmaceutical/Medical Device Seminar Presentation, La Jolla, Calif., June 2016.
  • Speaker, "Drug and Medical Device Litigation:  Recent Trends in Products Liability Litigation," Pharmaceutical/Medical Device Seminar Presentation, Sea Island, Ga., June 2015.
  • Speaker"Recent Developments in the Pharmaceutical/Product Liability Industry," In-house Client Presentation, New Brunswick, N.J., May 2013.
  • Speaker"Epidemiology Concepts and Applications," In-house Seminar Presentation, August 2012.
  • Speaker"Drug and Medical Device Litigation:  Navigating the Social Media Maze," Panel Counsel Seminar Presentation, Lake George, N.Y., June 2012.
  • Author, "The Path to Aggregate Settlements," American Bar Association Mass Torts Litigation, Vol. 10 No. 3, Spring 2012.
  • Author, “The Final Rule: FDA's Security Reporting Requirements for Investigational New Drug Applications," Pro Te: Solutio, Vol. 5 No. 1, 8-11, February 2012.
  • Speaker"Tips for Impeaching and Discrediting Plaintiffs’ Expert Witnesses," ACI Long Term Care Conference, Miami, Fla., April 2011.
  • Speaker"Sanctions for Failure to Properly Preserve Electronic Evidence," In-house Client Presentation, Whitehouse Station, Pa., June 2010.
  • Speaker"ABA’s Ethics Opinion on Aggregate Settlements," Professional Liability Seminar, New York, N.Y., May 2010.
  • Author, “Understanding the Inherent Risks of Dual Representation in Internal Investigations and Civil Litigation,” Pro Te: Solutio, Vol. 2 No. 4, Fall 2009. 
  • Author "Caves: Clarity or Confusion?" Mississippi Defense Lawyers Association Quarterly, April 2009.
  • Author, “Oops! The Dog Ate My Pacemaker, A Lower Standard of Spoliation Claims,” Pro Te: Solutio, Fall 2008.
  • Speaker"Advanced Expert Witness Deposition Tactics," National Business Institute Seminar, October 2008.
  • Speaker"Advanced Deposition and Trial Techniques for Cross-Examining the Combative Plaintiff’s Expert Witness," DRI’s Nursing Home/ALF Litigation Seminar, September 2008.
  • Author, "Cross-Examinations of Lay Witness," In-house Defense Quarterly, Winter 2006.