Greenberg Traurig Trial Victory Named Top Defense Verdict of 2016

Staff Report From Metro Atlanta CEO

Monday, January 9th, 2017

Greenberg Traurig’s trial win on behalf of C.R. Bard, Inc. was recognized as a “Top Defense Verdict of 2016” by Courtroom View Network. In February 2016, a team led by Shareholder Lori Cohen obtained a complete defense verdict on behalf of C. R. Bard, Inc. in Sherrer v. Boston Scientific, et al., Case No. 1216-CV27879, in the 16th Judicial Circuit of Missouri. C.R. Bard is a Fortune 500 medical device manufacturer of women’s health products.

According to CVN, the Top 10 Defense Verdicts of 2016 are not only based on the potential amount of damages, but the facts of the case, the parties and attorneys involved, and the potential broader impact of the verdict.

The Sherrer trial was the first time jurors have been asked to simultaneously consider claims against two pelvic mesh manufacturers. According to CVN, because of the small number of actual trials in mesh cases “any jury verdict is significant, but the added complexity of two mesh devices manufactured by different companies implanted in the same plaintiff lands this trial in our number 1 spot.” The plaintiff had requested $28 million in compensatory damages, claiming that the companies' pelvic mesh implants rendered her incontinent and suffering from pain and other ailments. The plaintiff also sought punitive damages against both defendants.

The Sherrer trial began Nov. 30, 2015, and the jury began deliberations Feb. 1, 2016. On the afternoon of Feb. 2, 2016, the jury announced a complete defense verdict for C.R. Bard and co-defendant Boston Scientific. Greenberg Traurig serves as national coordinating counsel and trial counsel for C.R. Bard in the national and international pelvic mesh litigation.

Led by Cohen, shareholder and chair of the Pharmaceutical, Medical Device & Health Care Litigation and Trial practices as well as co-chair of the firm’s Atlanta Litigation Practice, key team members also included Shareholder Cliff Merrell and associates Marcella C. Ducca, Sean Jessee, and Sara Deskins Tucker.

Cohen has a national litigation practice focusing on product liability litigation and specifically, medical device and pharmaceutical litigation. She is widely recognized for her trial skills, and the Sherrer verdict is her 57th defense verdict at trial. She has been selected as a Law360 2016 "Trial MVP," a Law360 2015 "Trial Ace," a Law360 2012 "Top Female Trial Attorney,” and has been profiled twice in The National Law Journal’s "Winning Litigators," a special report recognizing the top litigators in the U.S., most recently in 2016. The National Law Journal recognized her as one of "The 50 Most Influential Women Lawyers in America” and recognized two of her defense trial victories as “Top Defense Wins” in recent years. She has also been recognized by Georgia Super Lawyers magazine as one of its "Top 10 Georgia Super Lawyers" for the last four years, and one of the "Top 100 Georgia Super Lawyers" and "Top 50 Female Georgia Super Lawyers" for the last 12 years.