Our people

For 20 years, Barry has litigated and tried complex commercial and products liability cases in federal and state court, serving as national, regional, and local counsel.  In the past five years, this included serving as national counsel and trial counsel on the In Re Mirapex Litigation (MDL No. 07-1836), a mass tort products litigation involving a Parkinson's Disease medication that allegedly causes compulsive gambling.  Coordinated in District Court in Minnesota, two Mirapex "Bellwether" trials were held in the Summer of 2008, and Barry was trial counsel along with his partner Michael Brown.   Since 2009, Barry has served in the same role -- national counsel and trial counsel - for the defendants in the In Re Kugel Mesh Coordinated Litigation (MDL No. 07-1842), a mass tort products litigation relating to hernia repair patches.  In March/April 2010, Barry and Michael tried the first Bellwether case in Federal Court in Rhode Island and obtained a defense verdict.   

During the same period, Barry handled in Southern California a large number of toxic tort cases for chemical and product manufacturers. Many of the cases involved claims of workplace exposure to benzene and hydrocarbon solvents allegedly causing various forms of blood cancer, e.g., Acute Myelogenous Leukemia, Non-Hodgkins Lymphoma.  Barry has handled toxic matters involving the following chemicals, agents and claims: 

• Solvents -- AML, NHL, Aplastic Anemia, Multiple Myeloma, Myelodysplastic Syndrome; 
• Silica and mixed dust -- pneumoconiosis, lung injury;
• Talc -- mesothelioma, cancer, pneumoconiosis;
• Pesticides -- Parkinson's Disease, cancer;
• Asbestos -- mesothelioma, lung cancer; paint -- lung injury.

In the pharmaceutical and medical device arena, Barry has handled cases in many high profile litigations, such as: 

• Phen-Fen -- claims of heart valve;
• Vioxx -- claims of stroke, heart attack;
• Rezulin -- claims of liver failure;
• DTP vaccine -- claims of encephalopathy, brain damage;
• Pedicle screws -- claims of nerve injury and paralysis;
• Hernia patches (Composix Kugel) -- claims of bowel injury.

From many years with this type of practice, Barry has developed a specialty in working up and presenting to a jury cases involving complex medical and scientific issues.  To streamline and improve trial themes, company witness, and expert presentations, Barry often partners with jury research practitioners on focus group and mock trial exercises.

Representative Matters

• In Re Kugel Mesh Coordinated Litigation (District Court, Rhode Island); Defense Verdict, first Bellwether case (April 2010)

• In Re Mirapex Coordinated Litigation (District Court, Minnesota)

• Lucia Miller v. Wyle Labs; engineering malpractice case involving claim of mold injury; Directed Verdict 2004 (Los Angeles Superior Court)

• Sargon v. USC; commercial litigation relating to dental implant devices; tried to successful verdict in 2003 (Los Angeles Superior Court).

Speeches / Presentations

• Speaker at the ABA Toxic Tort & Environmental Law Annual Symposium; often speaks on current issues in mass tort litigation.

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• California

Professional Affiliations

• Defense Research Institute (Drug and Medical Device Litigation Section)
• Orange County Regulatory Association
• American Bar Association -
  Tort and Insurance Practice Section (ABA TIPS) - Vice-chair of the Toxic Tort and Environmental Law Committee (TTEL) and was a Co-chairperson of TTEL's annual symposia
• Los Angeles County Bar Association -
• 
  Participated in the Association's Trial Attorney Project, the Fulton W. Haight Trial Development Program and the Michael H. Valim Trial Attorney Program as both student and instructor

Interests

Outside of work, Barry spends most of his time with his wife and two sons. Second only to spending time with his family is Barry's love of sports. He enjoys soccer, cycling, surfing, golf and backpacking. In years past, he played intercollegiate soccer and completed an Ironman Triathlon. Barry also enjoys movies, food, wine and travel.