Charles P. Goodell, Jr.

Mr. Goodell is one of the firm’s founding partners and is currently of Counsel. He has an extensive product liability and litigation management practice, especially in the defense of pharmaceutical, medical device and toxic tort litigation. He is a Fellow of the American College of Trial Lawyers.  Mr. Goodell’s representations have included:

 

PFIZER INC (1985 - 2015)

During the period 1985 to 1999, Mr. Goodell was retained to defend Pfizer Inc and its subsidiary in product liability suits alleging death and personal injury from the failure, or the fear of failure, of a mechanical heart valve. As a member of the national trial team, Mr. Goodell was responsible for the development of the defense strategy, development of the experts, and trial of cases. He tried a death case for three weeks, resulting in a settlement. Other responsibilities included the instruction of European counsel in defense strategy and themes, and the review and analysis of technical and regulatory documents for the defense of suits. The heart valve litigation has concluded.

In 2000, Mr. Goodell was retained to defend litigation involving the Type II diabetes drug, Rezulin, as a member of the national trial team. He tried two month-long trials involving Rezulin, the most recent resulting in a defense verdict. He also served as regional counsel to Pfizer Inc and Warner-Lambert in the Rezulin litigation. The Rezulin litigation has concluded.

In 2004, Mr. Goodell and the firm were retained as members of the national trial team and the "virtual law firm" to defend litigation involving Provera, a medication used in Hormone Replacement Therapy. He was lead counsel in the first Multidistrict Litigation  trial in 2008.  After Pfizer’s acquisition of Wyeth, he became a member of the national trial team for Wyeth, maker of Prempro. Mr. Goodell recently was lead counsel for a trial in West Virginia resulting in a defense verdict.  This litigation is ongoing.

In 2005, Mr. Goodell and the firm were retained as members of the "virtual law firm" and as members of the national trial team in connection with the Celebrex litigation, involving claims of cardiac events as a result of the medicine. That litigation has concluded.

In 2006, Mr. Goodell and the firm were retained as members of the "virtual law firm" in connection with the Neurontin litigation, involving claims of suicide as a result of medicine.  He was co-lead counsel in the first Neurontin Multidistrict Litigation trial in 2009, which plaintiffs dismissed after two days of trial.  This litigation is ongoing.

Mr. Goodell and the firm were retained in 2009 as one of 20 firms in the United States in the Pfizer Legal Alliance to provide a broad range of services to Pfizer Inc. This relationship with Pfizer Inc as a PLA firm is ongoing.

 

BAYER CORPORATION (1987 - 2015)

Mr. Goodell served as co-national trial counsel for Bayer in litigation involving hemophiliacs claiming exposure to HIV and AIDS from the use of blood factor products. He was responsible for the development and coordination of the defense of over 125 individual actions as well as a pending nationwide class action. Mr. Goodell successfully argued against certification of a statewide class action against Bayer and other defendants in New Jersey, and successfully argued to the Maryland Court of Appeals that Comment k to the Restatement of Torts, Section 402A applies to blood products in Maryland. Mr. Goodell tried a six-week case in Indianapolis involving a hemophiliac claiming infection with AIDS from blood products. That litigation has concluded.

In 1998, Mr. Goodell and the firm were retained as counsel for Bayer in litigation arising from hemophiliacs' allegations of exposure to hepatitis C from the use of blood factor products. That litigation has concluded.

In 2002, Mr. Goodell was retained for the national trial team for the drug Baycol, a statin withdrawn from the market in 2001. That litigation has concluded.

In 2002, Mr, Goodell was retained for the national trial team for PPA, an ingredient of cough and cold medicines.  That litigation has concluded.

In 2004, Mr. Goodell and the firm were retained as counsel in the Cipro litigation, defending, in part, claims by postal workers exposed to anthrax who were given Cipro, and thereafter claimed injury from the Cipro.  The class action was defeated and the litigation abandoned by plaintiffs.

In 2010, Mr. Goodell and the firm were retained as members of the national trial team in the Yaz litigation, involving claimed injuries from birth control pills.  This litigation is ongoing.

 

U.S. SILICA (2003 - 2010)

Mr. Goodell and the firm were retained as a national counsel in the silica litigation to develop national strategy for the management of the litigation. They developed the national defense strategy and worked with local counsel to implement it, resulting in the dismissal of the vast majority of cases.

 

ASTRAZENECA (2008 - 2010)

Mr. Goodell was retained as part of the national trial team defending the medicine Seroquel against claims that it led to development of diabetes.  He was also retained as trial counsel in the pain pump litigation defending against claims that a local anesthetic caused deterioration of shoulder cartilage. This litigation has concluded.

 

WYETH (2004 - 2007) 

Mr. Goodell was retained for the national trial team for diet drug litigation, and served as trial counsel. He tried one of the first cases in Philadelphia to a defense verdict.  The firm managed a docket of cases in Philadelphia. That litigation has concluded.

 

VERMONT TALC, INC., a subsidiary of PLUESS-STAUFER INDUSTRIES, INC. (1987 - 2004)

Mr. Goodell served as national coordinating counsel in connection with 3500 product liability suits alleging lung injury from commercial talc. He was responsible for the development and implementation of coordinated defense strategy, the hiring and management of local counsel, the creation of a document repository, the review, analysis and computerization of all documentation relevant to the litigation, the coordination of discovery, and the development of medical defenses and experts.  He then served as the lead trial counsel.  As a result of the strategy developed, virtually all lawsuits were dismissed by plaintiffs.

 

TELECTRONICS PACING SYSTEMS (1995 - 2003)

Mr. Goodell and the firm were retained as national counsel for Telectronics in connection with claims arising from fractures in pacemaker leads. His representation included the development of the nationwide defense, managing Multidistrict Litigation proceedings and numerous class actions, retention of local counsel, managing individual cases throughout the United States, and serving as lead trial counsel. That litigation has concluded.

 

DALKON SHIELD CLAIMANTS TRUST (1991 -- 1996)

Mr. Goodell was the Southeast Regional Counsel, representing the Trust in cases involving claimed injuries from the Dalkon Shield intrauterine contraceptive device. He tried several cases on behalf of the Trust in Florida and Maryland.

 

A. H. ROBINS CO. (1975 - 1985)

Mr. Goodell’s representation involved the defense of product liability suits alleging serious personal injuries arising out of the use of the Dalkon Shield intrauterine device. He served as a member of the national trial team for A.H. Robins with responsibility for the trial of cases in various states, development and implementation of national defense strategies, development and management of experts, and management of an active docket of 450 individual cases in Maryland. Mr. Goodell assisted Canadian counsel as both an advisor and an expert witness in a class action in Montreal. He tried several cases on behalf of A. H. Robins, one during the course of a nationally publicized withdrawal from the market, and one to a defense verdict.

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Selected Pharmaceutical and Medical Trial Experience

 

PFIZER INC

Lead attorney in United States District Court for the Southern District of West Virginia in three-week trial involving claims that hormone therapy caused breast cancer, resulting in defense verdict. (2011)

Lead attorney for Upjohn in three-week trial in state court in Las Vegas, Nevada involving claim that hormone therapy caused breast cancer.  (2009)

Co-lead attorney in four-week trial in state court in Philadelphia, Pennsylvania involving claim that hormone therapy caused breast cancer.  (2009)

Co-lead attorney in United States District Court for Massachusetts in first case to be tried in the United States involving claim that Neurontin caused patient to commit suicide.  Plaintiff, represented by Mark Lanier, who tried first Vioxx case resulting in a $250 million verdict, dismissed the case after two days of trial.  (2009)

Lead attorney for Upjohn in five-week trial in United States District Court for Arkansas before Multidistrict Litigation judge involving claim that hormone therapy caused breast cancer.  Wyeth and Upjohn were defendants.  Trial resulted in verdict for plaintiff affirmed in part by the Court of Appeals for the 8th Circuit.  (2008)

Lead attorney in three-week trial in state court in Manhattan, New York involving the same subject matter.  Case settled.  (2003) 

Lead attorney in five-week trial to verdict in state court in Maryland involving claim that the diabetes drug Rezulin caused liver failure and the death of plaintiff.  This death had previously been determined by FDA to have been caused by Rezulin.  The jury returned a defense verdict in less than one hour of deliberations.   (2001)

Lead attorney in five-week trial in state court in Liberty, Missouri involving claim that the diabetes drug Rezulin caused liver failure.  The case was tried to verdict, but settled while awaiting plaintiff’s arrival to receive the jury verdict.  (2000) 

Lead attorney in three-week trial in United States District Court for the Western District of Pennsylvania, Pittsburgh involving claim of fracture of mechanical heart valve resulting in the death of plaintiff, resulting in settlement of the case after trial.  This was one of only two cases tried in part or in total nationwide involving the heart valve.  (1999)


WYETH

Lead attorney in several trials in Philadelphia, Pennsylvania involving allegations that diet drug caused heart defect and potential need for future heart surgery.  Many cases were either dismissed or settled before completion of trial, but one resulted in a defense verdict.  (2005 - 2006)

 

BAYER CORPORATION

Co-lead attorney in six-week trial to verdict in state court in Indianapolis, Indiana, involving claim that a minor hemophiliac contracted AIDS from contaminated blood product resulting in his death.  The jury returned a verdict for plaintiffs. The case was settled on appeal.  (1996)


DALKON SHIELD CLAIMANTS TRUST  (1985 - 1992)

Lead attorney in 10-day trial in United States District Court for Florida involving claim of pelvic inflammatory disease and infertility caused by Dalkon Shield, resulting in a hung jury.  Plaintiff’s counsel, active in pursuing claims against the Trust, declined to try further cases and settled all his remaining cases.

Lead attorney in one-week arbitration involving same subject matter, resulting in verdict for plaintiff.

 

A. H. ROBINS (1977 - 1983)

Lead attorney in five-week trial in state court in Maryland involving claim of pelvic inflammatory disease and infertility caused by the Dalkon Shield, resulting in defense verdict.

Lead attorney in three-week trial in state court in Maryland involving claim of pelvic inflammatory disease and infertility.  The trial was conducted in the middle of the national recall of the Dalkon Shield and attendant publicity.  The case settled after trial.


MISCELLANEOUS

Before specializing in medical and pharmaceutical cases, Mr. Goodell tried a variety of cases to verdict involving industrial equipment, insurance coverage and general liability.  For example, he won a three-week trial involving a claim that faulty brakes on a forklift led to the forklift falling on plaintiff causing severe injuries.  Mr. Goodell also won a two-week case in which the plaintiffs claimed that a faulty fire protection system caused a hospital flood.

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Honors and Awards

  • Best Lawyers in America, "Lawyer of the Year" Award for Baltimore Product Liability Litigation - Defendants (2013)
  • Best Lawyers in America, "Lawyer of the Year" Award for Baltimore Mass Tort Litigation (2011)
  • Best Lawyers in America, Mass Tort Litigation/Class Action, 2006 - Present
  • Best Lawyers in America, Product Liability Litigation, 2006 - Present
  • Maryland Super Lawyers, Personal Injury Defense: Products, 2007 - Present
  • Maryland Super Lawyers, Business Edition, Attorney Top List, 2011 - Present
  • Chambers USA, Products Liability and Mass Tort, Nationwide, Senior Statesmen
  • Chambers USA, Products Liability: Pharmaceutical, Spotlight Table

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Professional Associations

  • American College of Trial Lawyers (ACTL)
  • International Association of Defense Counsel (IADC)
  • National Institute of Trial Advocacy
  • Federation of Defense and Corporate Counsel
  • Product Liability Advisory Council (PLAC)
  • The Defense Research Institute (DRI)
  • Advocate, National Board of Trial Counsel
  • American Bar Association; Vice Chairman, Product Liability Committee, Torts and Insurance Practice Section (1984-1985)
  • Federal Bar Association
  • Maryland Defense Counsel, Inc.
  • Maryland State Bar Assocation; Co-Chairman, Product Liability Committee, Litigation Section (1985-1988)
  • Bar Association of Baltimore City

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Selected Reported Cases

  • In re Telectronics Pacing Systems, Inc., 186 F.R.D. 459 (S.D. Ohio 1999)
  • In re Telectronics Pacing Systems, Inc., 172 F.R.D. 271 (S.D. Ohio 1997)
  • Bullard v. Dalkon Shield Claimants Trust, 845 F.Supp. 328 (D. Md. 1994) (vacated 74 F.3d 531 (4th Cir. 1996))
  • In re Telectronics Pacing Systems Accufix Atrial "J" Lead Litigation, 168 F.R.D. 203 (S.D. Ohio 1996)
  • In re Telectronics Pacing Systems Accufix Atrial "J" Lead Litigation, 164 F.R.D. 222 (S.D. Ohio 1995)
  • Jane Doe v. Miles Laboratories, 927 F.2d 178 (4th Cir 1991)
  • Robertson, et al. v. Allied Signal, Inc., et al., 914 F.2d 360 (3rd Cir. 1990)
  • Miles Laboratories, Inc., et al. v. Doe, 315 Md. 704, 556 A.2d 1107 (1989)
  • Bonstingl v. Visa International, et al., 841 F.2d 1122 (4th Cir. 1988)
  • Hagepanos v. Shiley, 846 F.2d 71 (4th Cir. 1988)
  • Kontoulas v. A.H. Robins Co., Inc., 745 F.2d 312 (4th Cir. 1984)
  • Furr, et al. v. Spring Grove State Hospital, et al., 454 A.2d 414 (Md. App. 1983)
  • Sims v. Ryland Group, Inc., 378 A.2d 1 (Md. App. 1977)

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Teaching Activities

  • Maryland Institute of Continuing Legal Education, Intensive Trial Practice Course for practicing attorneys, Faculty Member 1985 – 2006
  • International Association of Defense Counsel (IADC), 2004: "Keys to Winning"
  • Network of Trial Law Firms, 2003: "Preventing Litigation"
  • Network of Trial Law Firms, 2003: "Lesson for Mass Tort Litigation"
  • Judicial Institute of Maryland, 1995: "Theories of Recovery and Proof of Causation in Cases Involving Exposure to Hazardous Substances"
  • The Defense Research Institute, February 1994: "Electromagnetic Fields"
  • The Defense Research Institute, May 1993: "The Concept of Acceptable Risk"
  • The Defense Research Institute, November 1992: "Discovery"
  • Maryland Trial Lawyers Association, March 1992: "Settling Large Cases"
  • American Bar Association, 1992: Judge, National Appellate Advocacy Regional Competition
  • Maryland Judicial Institute, 1991: "Warnings in Product Liability"
  • Regulatory Affairs Professional Society Annual Meeting, 1989: "Products Liability"
  • Defense Research Institute 1988 Product Liability Seminar: "Recalls in Products Liability"
  • Maryland Institute of Continuing Legal Education, 1985 - 1998: Issues related to Product Liability, including the Statute of Limitations, the application of Comment k of the Restatement of Torts, Section 402A, and general trends of Product Liability in the United States.
  • Maryland Institute of Continuing Legal Education, 1985 - 1992: Faculty member for program on taking and defending depositions

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Publications

  • Co-author of book chapter on “Impact Of Insurance Policies On Product Litigation,” in Current Law, Strategies and Best Practices in Product Litigation (Pract. Law Inst.,  2009).

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