Paul S. Rosenblatt

Paul S.

Rosenblatt

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.

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

  • Key member of the national discovery, expert, and trial teams in one of the largest Multi-District Litigations in history.
  • Involved in all aspects of fact and expert discovery through trial, and regularly deposes plaintiffs, prescribing physicians, other treating physicians, and medical experts.
  • Extensive experience defending and crossing experts in depositions and at trial.
  • Regularly elicits favorable testimony to have plaintiffs’ experts’ opinions excluded under the Daubert standard.
  • Responsible for identifying, retaining, developing, and coordinating teams of case specific and general experts to help simplify complex medical issues in mass tort litigation.
  • Prepares company witnesses and 30(b)(6) witnesses for depositions and trial testimony, as well as development of concise company story in mass tort litigation.
  • Regularly presents to clients, trial teams, new team members, and international counsel on key scientific issues in mass tort litigation.
  • Aggressively prepared numerous cases set for trial as the second or third chair trial counsel before the cases resolved.
  • Second Chair Trial Counsel; Obtained a complete defense verdict in a two-week pelvic mesh trial. Richards v. Johnson & Johnson, et al. – Texas Federal Court, Pelvic Mesh Litigation (2022). “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022
  • Second Chair Trial Counsel; Obtained a favorable judgement granting easement rights following a two-day property dispute trial in Oxford, Mississippi. Samuels Construction, LLC et al. v. Sinha et al. (2019)
  • Provided on-site trial support to lead trial counsel in more than a dozen federal and state court pelvic mesh trials.
    • Salinero v. Johnson & Johnson, et al. – Florida Federal Court, Pelvic Mesh Litigation (2020 – two-week trial that resulted in a complete defense verdict). “Jury Absolves Ethicon In Pelvic Mesh Suit,” Law360, January 21, 2020
    • Emmet v. Johnson & Johnson, et al. – Philadelphia Court of Common Please, Pelvic Mesh Litigation (2019 – eight-week trial)
    • McFarland v. Johnson & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2018 – three-week trial that resulted in a hung jury)
    • Beltz v. Johnson & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2017 – three-week trial in which the jury rejected the vast majority of plaintiff’s claims, awarding only compensatory damages)
    • Herrera v. Johnson & Johnson, et al. – Illinois Federal Court, Pelvic Mesh Litigation (2017 – two-week trial that resulted in the jury rejecting the vast majority of plaintiff’s claims, awarding only past medical expenses)
    • Stone v. Johnson & Johnson, et al. – Arizona Federal Court, Pelvic Mesh Litigation (2017 – settled after two weeks of trial)
    • Engleman v. Johnston & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2017 – three-week trial)
    • Hammons v. Johnson & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2015 – three week trial)
    • Bellew v. Johnson & Johnson, et al. – West Virginia Federal MDL, Pelvic Mesh Litigation (2015 – settled after two weeks of trial)
    • Budke v. Johnson & Johnson, et al. – Missouri State Court, Pelvic Mesh Litigation (2015 – settled after three weeks of trial; directed verdict for the defense on failure to warn and punitive damages claims)
    • Huskey v. Johnson & Johnson, et al. – West Virginia Federal MDL, Pelvic Mesh Litigation (2014 – two-week trial that resulted in compensatory damages but no punitive damages)
    • Batiste v. Johnson & Johnson, et al. – Texas State Court, Pelvic Mesh Litigation (2014 – three-week trial that resulted on defense verdict on appeal)
    • Lewis v. Johnson & Johnson, et al. – First Bellwether MDL Trial in Pelvic Mesh Litigation (2014 – one-week trial that resulted in directed verdict for defense and affirmed on appeal). “J&J Wins 1st Vaginal Mesh Bellwether Trial,” Law360, February 18, 2014
    • Gross v. Johnson & Johnson et al. – New Jersey Pelvic Mesh Litigation (2013 – eight-week trial that resulted in a mixed verdict)

Distinctions

  • Best Lawyers in America®
    • Product Liability Litigation – Defendants, 2019-2023
    • Health Care Law, 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, “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.

Paul S.

Rosenblatt

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.

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

  • Key member of the national discovery, expert, and trial teams in one of the largest Multi-District Litigations in history.
  • Involved in all aspects of fact and expert discovery through trial, and regularly deposes plaintiffs, prescribing physicians, other treating physicians, and medical experts.
  • Extensive experience defending and crossing experts in depositions and at trial.
  • Regularly elicits favorable testimony to have plaintiffs’ experts’ opinions excluded under the Daubert standard.
  • Responsible for identifying, retaining, developing, and coordinating teams of case specific and general experts to help simplify complex medical issues in mass tort litigation.
  • Prepares company witnesses and 30(b)(6) witnesses for depositions and trial testimony, as well as development of concise company story in mass tort litigation.
  • Regularly presents to clients, trial teams, new team members, and international counsel on key scientific issues in mass tort litigation.
  • Aggressively prepared numerous cases set for trial as the second or third chair trial counsel before the cases resolved.
  • Second Chair Trial Counsel; Obtained a complete defense verdict in a two-week pelvic mesh trial. Richards v. Johnson & Johnson, et al. – Texas Federal Court, Pelvic Mesh Litigation (2022). “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022
  • Second Chair Trial Counsel; Obtained a favorable judgement granting easement rights following a two-day property dispute trial in Oxford, Mississippi. Samuels Construction, LLC et al. v. Sinha et al. (2019)
  • Provided on-site trial support to lead trial counsel in more than a dozen federal and state court pelvic mesh trials.
    • Salinero v. Johnson & Johnson, et al. – Florida Federal Court, Pelvic Mesh Litigation (2020 – two-week trial that resulted in a complete defense verdict). “Jury Absolves Ethicon In Pelvic Mesh Suit,” Law360, January 21, 2020
    • Emmet v. Johnson & Johnson, et al. – Philadelphia Court of Common Please, Pelvic Mesh Litigation (2019 – eight-week trial)
    • McFarland v. Johnson & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2018 – three-week trial that resulted in a hung jury)
    • Beltz v. Johnson & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2017 – three-week trial in which the jury rejected the vast majority of plaintiff’s claims, awarding only compensatory damages)
    • Herrera v. Johnson & Johnson, et al. – Illinois Federal Court, Pelvic Mesh Litigation (2017 – two-week trial that resulted in the jury rejecting the vast majority of plaintiff’s claims, awarding only past medical expenses)
    • Stone v. Johnson & Johnson, et al. – Arizona Federal Court, Pelvic Mesh Litigation (2017 – settled after two weeks of trial)
    • Engleman v. Johnston & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2017 – three-week trial)
    • Hammons v. Johnson & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation (2015 – three week trial)
    • Bellew v. Johnson & Johnson, et al. – West Virginia Federal MDL, Pelvic Mesh Litigation (2015 – settled after two weeks of trial)
    • Budke v. Johnson & Johnson, et al. – Missouri State Court, Pelvic Mesh Litigation (2015 – settled after three weeks of trial; directed verdict for the defense on failure to warn and punitive damages claims)
    • Huskey v. Johnson & Johnson, et al. – West Virginia Federal MDL, Pelvic Mesh Litigation (2014 – two-week trial that resulted in compensatory damages but no punitive damages)
    • Batiste v. Johnson & Johnson, et al. – Texas State Court, Pelvic Mesh Litigation (2014 – three-week trial that resulted on defense verdict on appeal)
    • Lewis v. Johnson & Johnson, et al. – First Bellwether MDL Trial in Pelvic Mesh Litigation (2014 – one-week trial that resulted in directed verdict for defense and affirmed on appeal). “J&J Wins 1st Vaginal Mesh Bellwether Trial,” Law360, February 18, 2014
    • Gross v. Johnson & Johnson et al. – New Jersey Pelvic Mesh Litigation (2013 – eight-week trial that resulted in a mixed verdict)

Distinctions

  • Best Lawyers in America®
    • Product Liability Litigation – Defendants, 2019-2023
    • Health Care Law, 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, “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.