Experience
Lewis v. Synthes, et al.
Dinsmore & Shohl represented Synthes, a medical device manufacturer, in the Ohio cases involving alleged injuries from the use of pedicle screws. The cases were dismissed.
Defense of Tobacco Related Claims
Mr. Jernigan has for many years served and continues to serve as West Virginia counsel for the former Brown & Williamson Tobacco Company and its successor, the R.J. Reynolds Tobacco Company in the defense of tobacco related claims. In this regard, Mr. Jernigan was involved in the successful defense of one of the nation's first class actions seeking medical monitoring for the development of future disease states relating to smoking. Mr. Jernigan remains active in the defense of the R.J. Reynolds Tobacco Company in the defense of over a thousand personal injury claims pending against it for tobacco related diseases.
OxyContin Litigation
Mr. Jernigan has served as principle West Virginia counsel for Purdue Pharma, LP in the defense of claims based upon the marketing of its prescription pain relief medication, OxyContin. In the course of that defense, Mr. Jernigan was successful in obtaining one of the first judgments in favor of the company based upon the defense of misuse of the product. Mr. Jernigan was also able to obtain the dismissal of a significant number of individual claims and negotiate a resolution of one of the first actions instituted by a state attorney general against the company.
Representation of Corporate Defendants
Over the course of his career, Mr. Jernigan is experienced in the defense of major cases involving primarily corporate defendants. Those cases have ranged from contract disputes to product liability claims involving the statewide representation of, among others, American Motors and Chrysler Corporation in the defense of Jeep rollover litigation; Sturm Ruger & Co., Inc. in the defense of product liability claims involving certain of its firearms; Johns Manville Corp. in defense of asbestos related claims; Black & Decker Corporation in the defense of various product liability claims involving guiding issues; and Procter & Gamble in defense of toxic shock claims.
Representation of Energy Industry Companies
Mr. Jernigan has represented a large number of companies in the energy industry in the defense of personal injury actions, contract disputes, major property damage claims and disputes with the State of West Virginia, including, among others, Massey Energy Company, Allegheny Energy, Peabody Energy, Consol Energy, Bluestone Coal Corporation, and Foundation Coal as well as the former Island Creek Coal, Cannelton Coal Corp., Westmoreland Coal Corp. and Pittston Coal.
Other Litigation Experience
Debbie Lydon has represented manufacturers, pharmaceutical companies, managed care organizations, hospitals, individual healthcare providers, employee leasing companies, staffing companies, importers, distributors, recruiters, insurance companies, publishers, accountants, fiduciaries, and others.
Representative matters:
The Procter & Gamble Company - Defense of Mass Tort Litigation, Regulatory, Transactional and Compliance Advice
Humana - Litigation Counsel
HealthSouth - Resolution of disputes with Ohio entities
Showa Denko KK - Defense of Mass Tort Litigation
Staffmark - Litigation Counsel
Yamaha Motor Corporation U.S.A. - Litigation Counsel
LasikPlus - Litigation Counsel and Risk Management
Shelter Insurance Companies - Litigation Counsel
Franciscan Health System - Litigation Counsel and Risk Management
Cincinnati Children's Hospital Medical Center - Litigation Counsel
Inova Health System - Litigation Counsel
Professional Risk Management Services - Litigation involving Psychiatrists
SST Bearing Corporation - Litigation Counsel
Riverhills Healthcare, Inc. - Outside and Litigation Counsel
Interlake Material Handling, Inc. - Litigation Counsel
Anonymous Hospitals - Defense of RICO, Health Care Fraud, Qui Tam and Malpractice allegations
Health Care Providers - Litigation counsel; advisor on various issues including regulatory matters, fraud & abuse, licensure, credentialing, risk management, criminal allegations, etc.
Fiduciaries - Litigation Counsel
Multi-District Product Liability Litigation
Fixodent Denture Cream Litigation
Dinsmore's Product Liability Team recently received a ruling in favor of The Procter & Gamble Defendants ("P&G") which is the first in the country to assess and reject the scientific basis for lawsuits filed by a number of Fixodent® users.
Frank C. Woodside, III, and his team serve as counsel for P&G defendants concerning Denture Adhesive Litigation. In that litigation, Judge Cecilia Altonaga oversees discovery in the Multi-District Litigation involving more than 150 plaintiffs who seek damages for personal injuries that allegedly resulted from their use of excessive amounts of Fixodent, manufactured by P&G, and/or Poligrip, manufactured by GlaxoSmithKline. The current litigation was initiated in 2009 against P&G. The Federal cases were eventually consolidated in Miami with a number of other cases pending in state courts throughout the country. P&G has steadfastly defended the safety of Fixodent.
On June 13, 2011 Judge Altonaga issued a Daubert opinion granting P&G's motion to exclude virtually all of the Plaintiffs’ proposed expert opinion testimony that purportedly supported the link between extremely excessive use of Fixodent denture adhesive and neurological disease.
Anonymous Plaintiff v. Cereal Manufacturer
Anonymous Plaintiff v. General Contractor
Anonymous Plaintiff v. General Contractor
Anonymous Plaintiff v. General Contractor
Anonymous Plaintiff v. General Contractor
Anonymous Plaintiff v. General Contractor
Anonymous Plaintiff v. General Contractor
Anonymous Plaintiff v. Insurance Company
Anonymous Plaintiff v. Manufacturer of Dental Equipment
Anonymous Plaintiff v. Plastics Manufacturer
Anonymous Plaintiff v. Smoke Alarm Manufacturer
Anonymous Plaintiffs v. Window Manufacturer
Anonymous Plaintiffs v. Window Manufacturer
Asbestos Litigation
Class Action Defense - Manufactured Housing
Class Action Plaintiffs v. Document Services Provider
Class Action Plaintiffs v. Medical Devices Manufacturers
David Burton v. American Tobacco and R.J. Reynolds
Frederick Moore v. The Glidden Company
Hotel Owners v. Painting Subcontractor
In re: New Steel Pails Antitrust Litigation
In re: Silica Product Liability Litigation
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