Private Practice

Partner, Goldman Ismail Tomaselli Brennan & Baum LLP

Partner, Bartlit Beck Herman Palenchar & Scott LLP

Associate, Bartlit Beck Herman Palenchar & Scott LLP

Associate, Wiggin and Dana LLP

Education

Yale Law School (J.D.)

Yale University School of Medicine (M.D.)

University of California at Berkeley (B.A., Psychology)

Professional & Community Affiliations

Lecturer, Yale University

News

Bar & Court Admissions

State of California

State of Connecticut (inactive)

Photo of Kenneth F. Baum

Kenneth F. Baum

Partner / Santa Monica
f310.382.9974

“Kenneth Baum is a stand-out name in” “complex medical and scientific matters” with “strong trial advocacy skills to boot.” – The Legal 500

Ken – who has both a J.D. and M.D. from Yale – brings a highly specialized set of skills to defending claims brought against drug and medical device manufacturers. Indeed, Ken is widely regarded by clients and his peers as one of the nation’s leading practitioners in the product liability arena. Clients reporting to The Legal 500 repeatedly single out Ken as a “very hardworking, very skilled trial lawyer,” a key practitioner in product liability and mass tort defense, and a “stand-out name” in complex medical and scientific matters.

With a unique ability to synthesize and convey complex scientific and medical issues, clients seek out Ken to serve on and lead national science and expert teams in numerous high-profile product liability litigations, including Baycol® (Bayer), hormone replacement therapy (Wyeth), Vioxx® (Merck), Sprint Fidelis® (Medtronic), Seroquel® (AstraZeneca), gadolinium contrast dye (Bayer), Fosamax® (Merck), and Mirena® (Bayer). Clients repeatedly turn to Ken to depose key retained expert and treating physician witnesses, and his depositions have led to dispositive Daubert rulings, withdrawal of opposing experts, and voluntary dismissals with prejudice. Ken also is a pillar of bellwether trial teams, crafting witness examinations and developing theories that have ultimately led to the dismissal of thousands of cases nationwide.

Of Note

Representative Litigation

Fosamax Litigation

National science and expert team member and trial counsel for Merck & Co., Inc. in litigation concerning Fosamax®, a prescription drug used for the treatment and prevention of osteoporosis and other bone disorders.

In re Mirena IUD Products Liability Litigation

Leader of national science and expert team for Bayer HealthCare Pharmaceuticals Inc. in litigation concerning the Mirena® intrauterine device.

Vioxx Litigation

National science and expert team member and trial counsel for Merck & Co., Inc. in litigation in individual and government actions claiming Merck’s withdrawn anti-inflammatory medication Vioxx® caused heart attacks and other cardiovascular problems.

Magnevist Litigation

Leader of national science and expert team for Bayer HealthCare Pharmaceuticals Inc. in federal MDL and state litigation regarding Bayer’s Magnevist® contrast dye. Plaintiffs claim that they developed a progressive, incurable disease known as nephrogenic systemic fibrosis as a result of exposure to Bayer’s gadolinium-based contrast agent Magnevist® and other contrast agents during MRI procedures.

West v. Bayer HealthCare Pharmaceuticals Inc.

Trial counsel for Bayer in litigation involving claims of infection arising from allegedly contaminated components of a self-administered Betaseron® injection kit used to treat multiple sclerosis.

In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation

National counsel and science and expert team member for Medtronic in mass tort litigation regarding Medtronic’s Sprint Fidelis® heart defibrillator leads subject to product recall.

Seroquel Litigation

Counsel and national science and expert team member for AstraZeneca Pharmaceuticals in litigation concerning the prescription drug, Seroquel®, which is used to treat certain mental health disorders.

 

Publications

Ken Baum & Julie Cantor, Doctors Can Ease Suffering, Even in Executions, New York Times (2014)

Ken Baum, Jennifer Greenblatt & Julie Cantor, Assessing the Post-Riegel Landscape: The Effect of Sales Representatives’ Actions on Preemption Analysis, Drug, Device & Biotechnology IADC Committee Newsletter (2014)

Now on PBS: When Law and Ethics Collide – Why Physicians Participate in Executions (TV broadcast, July 14, 2006)

Talk of the Nation: Medical Ethics and Capital Punishment (NPR radio broadcast, Feb. 23, 2006)

Ken Baum, Independent Medical Examinations: An Expanding Source of Physician Liability, Annals of Internal Medicine 2005; 142:974-78

Julie Cantor & Ken Baum, The Limits of Conscientious Objection—May Pharmacists Refuse to Fill Prescriptions for Emergency Contraception?, New England Journal of Medicine 2004; 351:2008-12

Kenneth Baum, “To Comfort Always”: Physician Participation in Executions, 5 N.Y.U. J. Legis. & Pub. Pol'y 47 (2002)

Kenneth F. Baum, Golden Eggs: Towards the Rational Regulation of Oocyte Donation, 2001 BYU L. Rev. 107 (2001)