Nicholas J. Drakulich is the Founder of THE DRAKULICH FIRM, A Professional Law Corporation, with offices in California and Nevada.  Mr. Drakulich has been uniquely honored to have been appointed by several Federal Courts across the nation to serve as a member of Plaintiffs’ Executive Committee or Plaintiffs’ Steering Committee in nationally prominent Multi-District Litigations (MDL’s) against the world’s largest pharmaceutical and medical device corporations, recovering several billions of dollars on behalf of injured consumers.  Mr. Drakulich was also selected to be the lead trial counsel in several of these cases.

Mr. Drakulich has earned a reputation as being a specialist in this field.  Following a jury verdict against “the world’s largest medical technology company”, the trial counsel for this giant corporation, opined that Mr. Drakulich is an “exceptionally able, senior, seasoned litigator who was extremely well prepared and clearly spent considerable time and effort to ensure the best possible representation of his client.”

Mr. Drakulich has also been honored to be selected as a Super Lawyer, a member of the National Trial Lawyers, The Million Dollar Advocates Forum, The Multi-Million Dollar Advocates Forum and the Bar Register of Preeminent Lawyers. For many years, Mr. Drakulich has been consistently rated (“AV”) by Martindale Hubbell, America’s preeminent peer-reviewed lawyer rating service. He has been an invited speaker at several dozen legal seminars across the United States, including those sponsored by the AAJ, HarrisMartin, Mealey’s and numerous State Bar Associations.

Mr. Drakulich focuses his practice in catastrophic personal injury, products liability, and mass torts. He has enjoyed a diverse and rewarding trial practice for more than thirty-five years having recovered several hundreds of millions of dollars on behalf of his injured clients. Mr. Drakulich is proud to be a trial lawyer and humbled to champion his clients’ quest for justice.

Verdicts & Settlements

Mr. Drakulich is proud to have been one of the core members on the trial team together with Mark Lanier, Richard Arsenault, Paul Pennock, and Neil Overholtz in the Actos MDL that secured a historic verdict of over $9 Billion Dollars, which was reported to be the seventh largest punitive damages verdict in U.S. history.  As one of the key team members of the Actos MDL, Mr. Drakulich worked exceptionally hard on the case from its inception to its successful conclusion, directly contributing to the ultimate $2.4 Billion Dollar settlement.

 

In addition to his MDL work, Mr. Drakulich also successfully represented along with co-counsel nearly two thousand individuals against the manufacturers of spinal implants that were alleged to have caused serious injuries. These cases ultimately resulted in a confidential settlement following several years of protracted and intensive litigation.

Awards and Distinctions

For over 20 years, Mr. Drakulich has been consistently rated (“AV”) by Martindale Hubbell, America’s preeminent peer-reviewed lawyer rating service. This is the highest possible rating, indicating preeminent legal ability and the utmost ethical standards.  Mr. Drakulich has also been selected as a member of the National Trial Lawyers. The National Trial Lawyers is “a national organization composed of the top 100 trial lawyers from each state.” Membership is obtained through special invitation and is “extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers.” In addition, Mr. Drakulich has been selected as a member of The Million Dollar Advocates Forum, The Multi-Million Dollar Advocates Forum, the Bar Register of Preeminent Lawyers, and Super Lawyers.

Community Activities 

Mr. Drakulich has also been appointed by Federal Courts to serve as a member of the Common Benefit Attorney’s Fee & Costs Committees in MDL’s on more than one occasion. Mr. Drakulich was also especially pleased, as a member of a Common Benefit Attorney’s Fee & Costs Committee, to play a pivotal role in helping to secure a $1 million dollar donation to the Minneapolis Heart Institute Foundation from the settlement fund towards their device data base designed to track the performance of life-sustaining heart devices.

National Litigation Practice

Mr. Drakulich has been uniquely honored to have been appointed by several Federal Courts across the nation to serve on a small member team as a member of Plaintiffs’ Executive Committee or Plaintiffs’ Steering Committee in nationally prominent Multi-District Litigations (MDL’s).  These MDLs involve the claims of several thousands of plaintiffs from across the country who alleged were seriously injured and/or died as a result of unreasonably dangerous and defective pharmaceutical drugs or medical devices.  Mr. Drakulich is proud to have been part of a talented team of attorneys who have successfully recovered over three billion dollars ($3,000,000,000.00) on behalf of these injured consumers. Mr. Drakulich was selected as the Leader of the trial teams in several of these MDLs. Each of these Federal Court appointments followed a competitive application process amongst numerous nationally recognized attorneys from across the United States.

Mr. Drakulich prosecutes select cases in other jurisdictions in association with local counsel and serves as a consultant to foreign counsel in the prosecution of class action cases in Canada.

Federal Court National Appointments

  • In Re: Incretin Mimetics Product Liability Litigation MDL No. 2452, (United States District Court, Southern District of California); appointed by U.S. District Judge Anthony P. Battaglia to the Plaintiffs’ Executive Committee.
  • In Re: Actos (Pioglitazone) Products Liability Litigation, MDL No. 11- 2299 (United States District Court, Western District of Louisiana); appointed by U.S. District Judge Rebecca F. Doherty to the Plaintiffs’ Steering Committee.
  • In Re: Medtronic, Inc. Implantable Defibrillators Product liability litigation, MDL No. 05-1726 (United States District Court, District of Minnesota); appointed by U.S. District Judge James M. Rosenbaum to the Plaintiffs’ Steering Committee.
  • In Re: Guidant Corp. Implantable Defibrillators Product liability litigation, MDL No. 05-1708 (United States District Court, District of Minnesota); appointed by U.S. District Judge Donovan W. Frank to the Plaintiffs’ Steering Committee.
  • In Re: Medtronic, Inc., Sprint Fidelis Leads Product Liability Litigation, MDL No. 08-1905 (United States District Court, District of Minnesota); appointed by U.S. District Judge Richard H. Kyle to the Plaintiffs’ Steering Committee.

Recent Scholarly Lectures 

  • Invited Speaker at the MDL Judicial Summit, in connection with Baylor University, presenting on a panel regarding the Selection of Plaintiff and Defense Steering Committees – Aspen, CO, 2023
  • Invited Speaker at the 5th Annual Western Alliance Bank Class Action Law Forum in Collaboration with the University of San Diego School of Law on a panel re: Assessing the Viability off a Mass Tort Litigation as well as on a panel re: Creating the Litigation Team – San Diego, CA, 2023
  • Invited Speaker at HarrisMartin’s MDL Conference: Managing Mass Torts, Key Litigation Updates and Lessons Learned, presenting on a panel re: Game Changing Rules, including Daubert, Personal Jurisdiction, Preemption, Lone Pine Orders, and Proposed Amendments to the Federal Rules Providing Interlocutory Appeals from MDL Judge’s Orders – Tucson, AZ, 2023
  • Invited Speaker at HarrisMartin’s MDL Conference: The Current Mass Tort Landscape, presenting on a panel re: Game Changing Rules, including Jurisdiction, Preemption, Lone Pine Orders, and Proposed Amendments to the Federal Rules – St. Louis, MO, 2022
  • Invited Speaker at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation, Current Activity and Developing Trends, (postponed due to Covid-19), San Francisco, CA, 2020
  • Invited Speaker at 19th Annual Class Action/Complex Litigation Symposium re: the topic of Game Changing Rulings – New Orleans, LA, 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: HIV Drugs, Valsartan, 3M Earplugs and Litigating in a Post-Fosamax World on a panel with the Hon. David R. Herndon (Ret.) re: the topic of “Mass Tort ‘Death Penalty’ Issue – Preemption in a Post-Fosamax World” – Portland, OR, 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: The Significance of Proposed Rule Changes in MDL Procedures & Valsartan re: the topic of Preemption Landscape – Waiting on Fosamax with the Hon. David R. Herndon – Miami, FL, 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: Critical Developments in Mass Torts, MDLs, and Game-Changing Jurisprudence re: the topic of Mass Tort “Death Penalty” Issues – Key Recent Developments, including Jurisdiction, Preemption, and Daubert – New Orleans, LA, 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: An Analysis of Today’s Mass Tort Landscape re: the topic of High Stakes Issues: 2018 in Review, including Jurisdiction: Personal/Subject Matter, Preemption: Express/Implied, and Daubert: Keys to a Successful Challenge – Washington D.C., 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: Current Mass Torts from E-Discovery Through Exit Strategies – Navigating “Game-Changing” Dynamics re: the topic of Key Mass Tort Procedural Issues, including Recent FRCP Amendments, and Witnesses Appearing via Satellite Transmission – New York, NY, 2018
  • Invited Speaker at 18th Annual Class Action/Complex Litigation Symposium re: the topic of Plaintiffs’ Steering Committees: Views from the Bench and Trench on a panel with Mark Lanier, Mark Robinson, Kathryn Snapka, and Paul Pennock – New Orleans, LA, 2018
  • Invited Speaker and Moderator at HarrisMartin’s MDL Conference: The Mass Tort Litigation Landscape – A Critical Analysis, re: the topic of Navigating Game Changing Dynamics, including Jurisdictional Landscape Following BMS and Recent Preemption Rulings – Napa, CA, 2018
  • Invited Speaker at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation re: the topic of Game-Changing Complex Litigation Developments, including Post BMS Jurisdictional Landscape, Multi-Plaintiff Trials, Preemption, Deposing CEOs, Spoliation, and Testimony via Satellite at Trial – Chicago, IL, 2018
  • Invited Speaker at HarrisMartin’s MDL Conference: Opioid, Equifax & Talcum Powder re: the topic of Jurisdictional Landscape Post-SCOTUS Bristol-Myers Decision – St. Louis, MO, 2017
  • Invited Speaker at 17th Annual Class Action/Complex Litigation Symposium re: the topic of Preemption – New Orleans, LA, 2017
  • Invited Speaker and Moderator at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation re: the topic of Medtronic Infuse Litigation – Chicago, IL, 2016
  • Invited Speaker at 16th Annual Class Action/Complex Litigation Symposium re: the topic of Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2016
  • Invited Speaker at HarrisMartin’s MDL Conference: Zofran, Bard IVC and Zimmer Persona Knee Litigation re: the topic of Medtronic Infuse Litigation Update – San Francisco, CA, 2015
  • Invited Speaker at HarrisMartin’s MDL Conference: Xarelto, Morcellators and Emerging Torts re: the topic of INFUSE Bone Graft – San Diego, CA, 2015
  • Invited Speaker at HarrisMartin’s MDL Conference: Morcellator, Fluoroquinolone (FLQ) and Invokana Litigation re: the topic of INFUSE – New York, NY, 2015
  • Invited Speaker at 15th Annual Class Action/Complex Litigation Symposium re: the topic of Spoliation Game Changer in MDLs? – New Orleans, LA, 2015
  • Invited Speaker at the Kentucky Justice Association Annual Convention and Seminar re: the topic of Using E-Discovery to Expose Abhorrent Behavior – Cincinnati, OH, 2014
  • Invited Speaker at HarrisMartin’s CLE Summit on Major Developments in Drug & Medical Device Litigation.  On panel with fellow core members of the trial team from $9 Billion Dollar Verdict in the Actos MDL, entitled, “ACTOS – Trial Update, Litigation Landscape, and Settlement News” – New Orleans, LA, 2014
  • Invited Speaker at 14th Annual Class Action/Complex Litigation Symposium re: the topic of Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2014
  • Invited Speaker at the 2014 MDL Conference re: the topic of predictive Coding, ESI and Preservation Obligations, 2014
  • Invited Speaker at the 13th Annual Class Action/Complex Litigation Symposium re: the topic of Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2013
  • Invited Speaker at HarrisMartin’s Complex Litigation Conference, on a panel with Judge Kenneth Starr and Professor Francis McGovern re: the topic of The Latest Preemption Battle – Chicago, IL, 2013
  • Invited Speaker at HarrisMartin’s MDL Conference: Transvaginal Mesh and Actos Litigation, providing a solo presentation on the topic of Preemption of Devices & Drugs: The Good, The Bad, & The Ugly – Miami, FL, 2012
  • Invited Speaker at HarrisMartin’s Symposium: All Things Mass Tort re: the topic of Bard IVC Filter, 2012
  • Invited Speaker at HarrisMartin’s MDL Conference: Fungal Meningitis, Stryker Hip, Mirena IUD and More re: the topic of Bard IVC Filter – Dallas, TX, 2012
  • Invited Speaker at HarrisMartin’s MDL Conference: Pradaxa, Zoloft, Actos, Yaz and Everything MDL re: the topic of The Cutting Edge of ESI Protocols – Predictive Coding & Concept Searching – Cleveland, OH, 2012
  • Invited Speaker at HarrisMartin’s MDL Conference: Hot Topics in the MDL and Class Action Litigation re: the topic of Who is Paying Your Doctor? – The Learned Intermediary Doctrine – San Diego, CA, 2012
  • Invited Speaker at the 12th Annual Class Action/Mass Tort Symposium re: the topic of Professionalism in the Complex Litigation Landscape: Perspectives from the Bench and Bar – New Orleans, LA, 2012
  • Invited Speaker at HarrisMartin MDL Conference: Transvaginal Mesh and Actos re: the topic of Actos Litigation Status, Claims and Defenses, Savannah, GA, 2011
  • Invited Speaker at HarrisMartin’s Darvon and Hip Implant Litigation Conference: New Developments in These Emerging Mass Torts re: the topic of Past Claims and Pending Litigation, including Porter v. Zanodyne Pharmaceuticals, Inc., Differences/Similarities to Other Pharmaceutical Torts, and Rulings on the Liability of Generic Drug Manufacturers in Pliva v. Mensing and Conte v. Wyeth, together with Mark E. Burton, Jr. and Mark P. Robinson, Jr. – San Diego, CA, 2011
  • Invited Speaker at HarrisMartin’s MDL Conference: Zimmer NexGen Knee and DePuy Hip Implant Litigation re: the topic of Preemption/Mensing – San Francisco, CA, 2011
  • Invited Speaker at HarrisMartin’s Darvon and Darvocet Recall Litigation Conference re: the topic of Past Claims and Pending Litigation including Porter v. Xanodyne Pharmacueticals, Inc., Differences/similarities to Other Pharceutical Torts, and Rulings on the Liability of Generic Drug Manufacturers – New Orleans, LA, 2011
  • Invited Speaker at Scientific Evidence: Daubert, DNA & More Conference re: the topic of Daubert’s Application in Pharmaceutical and Medical Device Litigation, 2010
  • Invited Speaker at HarrisMartin’s Toyota Recall Litigation Conference Part II: Toyota Recall – Costa Mesa, CA, 2010
  • Invited Speaker at the 10th Annual Class Action/Mass Tort Symposium re: the topic of Preemption Presentation – New Orleans, LA, 2010
  • Invited Speaker at the 9th Annual Class Action/Mass Tort Symposium re: the topic of Preemption: What Survives, Where are We Headed, and What’s the Difference? – New Orleans, LA, 2009
  • Invited Speaker at the 8th Annual Class Action/Mass Tort Symposium re: the topic of Preemption: What Survives and Where are We Headed? A Timely Jurisprudential and Legislative Update – New Orleans, LA, 2008
  • Invited Speaker at Mealey’s Drug and Medical Device Litigation Conference re: the topic of Heart Device Litigation – Guidant/Medtronic & St. Jude Heart Devices – San Diego, CA, 2007

Selected Media Attention

  • “In the wake of a recent landmark ruling form the U.S. Supreme Court restricting the ability of out-of-state plaintiffs to sue large manufacturers and other corporations, plaintiffs’ lawyers across the country have watched with trepidation as they waited to see just how much the cases and business models they had spent years building could be sliced.  However, while the ruling has resulted in some significant wins for corporate defendants, thwarting some potentially large cases, the gut punch many feared may have proven easier to sidestep than had been originally believed, said a panel of plaintiffs’ trial lawyers during a presentation at a recent litigation conference in Chicago.  On May 30, HarrisMartin Publishing hosted its ‘MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation’ at the Peninsula Hotel in Chicago’s River North district, assembling panels of some of the country’s most prominent trial lawyers to discuss and share insights on many of the biggest litigation topics pending in courts across the U.S…. Fellow panelist Nicholas Drakulich, of The Drakulich Firm, of San Diego, agreed, while noting the post-BMS landscape may require plaintiffs’ lawyers to simply work harder.  Drakulich pointed to a recent decision from Philadelphia, where a judge in that city’s Court of Common Pleas had rejected the motion from Johnson & Johnson subsidiary Ethicon Inc. to dismiss more than 120 lawsuits brought against the company by plaintiffs alleging they had been injured by Ethicon’s transvaginal mesh products… ‘As the saying goes: ‘There’s the law, and it’s all shaped by the facts,’’ said Drakulich ‘And facts can be tough things. So our job is to go find those tough things, and then prove those tough things.’… Drakulich conceded Bristol Myers Squibb has delivered some changes sought by businesses and employers…Overall, however, Drakulich said the basic rules of mass tort lawsuits remain the same.  ‘You pick your fights, you pick your forums, you develop your case,’ Drakulich said.

“Excerpt from Cook County Record, Chicago, Illinois, May 2018 article entitled: Trial lawyer panel: Plaintiffs’ lawyers adapting strategies to fit post-BristolMyersSquibb legal landscape” by Jonathan Bilyk.

  • “A St. Louis judge has cleared the way for the first jury trial involving personal injuries allegedly caused by Medtronic’s Infuse Bone Graft.  The injury claims of plaintiff Trisha Keim are set for trial in February, after Judge Mark H. Neill of Missouri’s 22nd Judicial Circuit declined to dismiss the case or transfer it to another court…The Keim case survived federal pre-emption arguments by Medtronic…Neill said Keim’s allegations run parallel to federal law and do not superimpose state laws over U.S. statutes or add new requirements. For that reason he declined to dismiss the case, letting it go to the jury.”

Star Tribune, Minneapolis-St. Paul, Minnesota, December 2016 article entitled “St. Louis court clears way for first Infuse jury trial: The judge’s ruling could make sealed records public, where they would be available for additional cases” by Jim Spencer. Together with co-counsel, Mr. Drakulich represented Mrs. Keim as well as numerous other Infuse clients.  Mr. Drakulich successfully argued against the preemption motion for Mrs. Keim and was the lead trial counsel in her case.

  • “Takeda Pharmaceutical has agreed to pay $2.4 billion to settle thousands of lawsuits from patients and their family members who said that the company’s diabetes drug Actos caused bladder cancer, it announced on Tuesday.  Takeda, a Japanese company, said the settlement would resolve most of the product-liability lawsuits related to Actos…About 9,000 bladder cancer claims are pending against Takeda involving Actos. Lawyers representing the plaintiffs had said Takeda concealed the cancer risk of the big-selling medication.”

Excerpt from New York Times, New York, New York, April 2015, article entitled “Takeda Agrees to Pay $2.4 Billion to Settle Suits Over Cancer Risk of Actos” by Andrew Pollack.  Nicholas Drakulich was a member of the Plaintiffs Steering Committee (PSC) in the underlying Actos Multi-District Litigation (MDL).

  • “In one of the biggest damages verdicts ever imposed, a jury in Louisiana has ordered a Japanese drug maker and its American partner to pay a combined $9 billion in punitive damages over a diabetes drug that has been linked to cancer.  Jurors in a district court trial in Lafayette, La., ordered the Japanese company, Takeda Pharmaceutical, to pay $6 billion in punitive damages on Monday after finding that the company had hidden the cancer risks of its drug, Actos.  The jury also ordered Takeda’s partner, Eli Lilly, which once marketed the drug in the United States, to pay $3 billion.”

Excerpt from New York Times, New York, New York, April 2014, article entitled “Jury Awards $9 Billion in Damages in Drug Case” by Martin Fackler and Andrew Pollack. Nicholas Drakulich was a member of the Plaintiffs Steering Committee (PSC) and a member of trial team led by Mark Lanier, in the underlying Actos Multi-District Litigation (MDL).  Mr. Drakulich also spearheaded the discovery efforts into Eli Lilly’s alleged liability.

  • “Medtronic, the maker of heart devices, agreed to pay $268 million to settle lawsuits over claims that fractured wires in a line of its cardiac defibrillators caused at least 13 deaths. Medtronic said it was resolving claims that wires connecting its implantable Sprint Fidelis defibrillators to patients’ hearts were defective. The company halted sales of the so-called defibrillator leads in October 2007 after they were linked to users’ deaths.”

Excerpt from New York Times, New York, New York, October 2010 article entitled “Medtronic to Settle Lawsuits Over Devices Tied to Deaths.”  Nicholas Drakulich was a member of the Plaintiffs Steering Committee (PSC) in the underlying In Re Medtronic Inc. Sprint Fidelis Leads Products Liability Litigation.

  • “Lawyers who won a $114 million settlement last year on behalf of thousands of patients who had potentially faulty heart defibrillators made by Medtronic Inc. have given $1 million to a Minneapolis foundation that has done groundbreaking work tracking the safety of cardiac devices. A check will be presented to the Minneapolis Heart Institute Foundation at Abbott Northwestern Hospital on Monday. The funds will be used to further develop the foundation’s Multi-Center Registry, which collects safety data about defibrillators and pacemakers from six hospitals across the country.”

Excerpt from Star Tribune, Minneapolis-St. Paul, Minnesota, December 2008 article entitled “Funding a watchdog at foundation: A $1 million grant from lawyers who won settlement against Medtronic will help track the performance of heart devices” by Janet Moore. Nicholas Drakulich was a member of the Plaintiffs Steering Committee (PSC) and Lead Trial Counsel on the underlying Medtronic Defibrillator Multi-District Litigation (MDL) and instrumental in creating this grant. Mr. Drakulich together with his co-counsel presented the $1million dollar grant to Minneapolis Heart Institute Foundation.

  • “The Boston Scientific Corporation said yesterday that it had agreed to pay $195 million to settle claims brought by thousands of heart patients who said they were not alerted to potential flaws in a defibrillator made by the Guidant Corporation, now a unit of Boston Scientific. The settlement came two weeks before what would have been the first federal trial over claims related to the defibrillator.”

Excerpt from New York Times, New York, New York, July 2007 article entitled “Maker Settles Suit on Device for Hearts” by Barry Meier. Nicholas Drakulich was scheduled to lead this trial against Guidant.  Mr. Drakulich was also a member of the Plaintiffs Steering Committee (PSC) and Lead Trial Counsel in the underlying Guidant Defibrillator Multi-District Litigation (MDL).

  • “Boston Scientific Corp. said Monday it has agreed to increase the amount it will pay to settle thousands of heart patients’ legal claims involving potentially faulty defibrillators by $45 million. The increase means the medical device maker will pay as much as $240 million, instead of the $195 million from a settlement announced July 13 that didn’t cover additional litigation included under the new total.”

Excerpt from Twin Cities Pioneer Press, Minneapolis-St. Paul, Minnesota, November 2007, article entitled “Boston Scientific raises cost for settling Guidant lawsuits.” Mr. Drakulich was the lead trial attorney against Guidant and was a member of the Plaintiffs Steering Committee (PSC) in the Guidant Defibrillator Multi-District Litigation (MDL).

  • “A lawsuit alleging that Guidant Corp. hid potentially dangerous flaws in several models of popular heart defibrillators is expected to go to trial July 30…Nicholas Drakulich, an attorney representing patients, argued that Guidant hid problems with its defibrillators for years in an effort to boost profits.  Guidant officials knew as early as June 2002 that a specific ICD model had the tendency to short-circuit, but waited three years before informing physicians and the public. ‘We must strive to be money hungry’ in selling the defibrillators, Guidant marketing executives said in an internal document Drakulich quoted during Friday’s hearing…Drakulich said studies in the 1970s on polyimide, insulation used in Duron’s defibrillator, showed the material didn’t stand up well to heat and humidity.  Because the devices are implanted in patients’ bodies, the risks of short-circuits were evident, he added.”

Excerpt from Star Tribune, Minneapolis-St. Paul, Minnesota, May 2007 article entitled “Guidant trial over devices set for July: Legal arguments in federal court Friday offered a mini-preview of the Guidant defibrillator trial” by Janet Moore.

  • “Guidant Corp. should be at risk of punitive damages for how it handled problems with implanted cardiac defibrillators that ultimately were recalled in 2005, attorneys for plaintiffs argued Friday during a court hearing in Minneapolis…The company kept selling the device so it could keep pace with Fridley-based Medtronic Inc., its top competitor in the multibillion-dollar market, charged Nicholas Drakulich, an attorney for a California man who is one of more than 2,200 plaintiffs in lawsuits related to Guidant’s controversial recalls…Duron’s Guidant device never failed, and his case likely wouldn’t come to court were it not for the case of Joshua Oukrop, a 21-year old Grand Rapids, Minn., man who died when his implanted Guidant defibrillator failed to deliver a life-saving jolt.  Duron’s defibrillator could have suffered from the same shortening problem…Drakulich reprised some of that history Friday in making the case for punitive damages, displaying a 2005 e-mail that [Dr.] Hauser sent that charged: ‘This is an egregious act by a manufacturer of lifesaving devices.’ The hearing featured some sensational bits of evidence from plaintiffs attorneys…Drakulich, for example, displayed an internal company memo that stated: ‘The marketing staff is comprised of money-hungry, market-share-at-any-cost individuals whose sole purpose is to wildly promote products.’”

Excerpt from Twin Cities Pioneer Press, Minneapolis-St. Paul, Minnesota, May 2007 article entitled “Guidant suit seeks punitive award” by Christopher Snowbeck.

Bar Admissions

  • Nevada (1979)
  • California (1981)
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern, Southern, Eastern and Central Districts of California
  • U.S. District Court for the District of Nevada

Education

  • J.D., California Western School of Law (1978)
  • B.A., cum laude, University of Southern California (1975)

Memberships

  • The State Bar of California
  • The State Bar of Nevada
  • The Federal Bar Association (sustaining member)
  • American Association for Justice
  • Consumer Attorneys of California
  • Super Lawyers
  • Martindale Hubbell “AV” Rated
  • The National Trial Lawyers
  • Bar Register of Preeminent Lawyers
  • The Million Dollar Advocates Forum
  • The Multi-Million Dollar Advocates Forum
  • Best of the US
  • Strathmore’s Who’s Who (lifetime member)

Practice Areas 

  • Products Liability (specializing in Medical Devices and Pharmaceutical Drug litigation)
  • Personal Injury
  • Wrongful Death
  • Asbestos / Mesothelioma
  • Professional Negligence
  • Business Litigation/Fraud
  • Insurance Claims Practices/Bad Faith
  • Mass Torts (MDL’s)
  • Class Actions
  • Whistleblower / Qui Tam