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
Yale Law School (J.D.)
- Founder and Director, Yale Health Law Society
- Editor, Yale Journal of Health Policy, Law & Ethics
Yale University School of Medicine (M.D.)
University of California at Berkeley (B.A., Psychology)
- Highest Academic Distinction
- Junior Phi Beta Kappa
Professional & Community Affiliations
Lecturer, Yale University
Landmark Legal Cases in Bioethics
- Medicine & Society: A Legal and Policy Perspective
- Second Circuit Affirms Orders Dismissing All 1200+ Cases in Mirena Perforation MDL
- Law360 Picks Mirena IUD Products Liability Litigation MDL Ruling as One of Year’s Most Significant
- Tarek Ismail and Ken Baum Named Winning Litigators in The National Law Journal Special Report
- Federal Judge Dismisses All 1225 Cases in Mirena Multidistrict Litigation
- Second Circuit Affirms Mirena MDL Dismissals
- Landmark Daubert Victory for Goldman Ismail—Federal Judge Excludes Plaintiffs’ Experts
- Goldman Ismail wins Fosamax Bellwether trial in California for Merck
- Goldman Ismail Lawyers Recognized for Excellence by Chambers and The Legal 500 in 2014
- Drug, Device and Biotechnology Committee Newsletter, “Assessing the Post-Riegel Landscape: The Effect of Sales Representatives' Actions on Preemption Analyses”
- Goldman Ismail Recognized for Excellence by Chambers USA 2013 and The Legal 500 2013
- The Legal 500 2012 Ranks Goldman Ismail as Top Firm for Products Liability Litigation
- Goldman Ismail Wins Complete Defense Verdict for Merck in Bellwether Fosamax Trial
- Goldman Ismail Obtains Complete Defense Verdict for Merck in Vioxx Case Brought by LA Attorney General
Bar & Court Admissions
State of California
State of Connecticut (inactive)
Kenneth F. Baum
“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.
- Profiled in The National Law Journal’s Special Report, Winning Litigators: High Stakes, Significant Victories (2016)
- Member, International Association of Defense Counsel (IADC), an invitation-only, peer reviewed professional association of leading corporate and insurance lawyers
- Mentioned by The Legal 500 for products liability and mass tort defense work (2010, 2012-2014)
- Speaker, DRI Drug and Medical Device Seminar, Crisis Management & Litigation Preparedness: How Drug and Device Manufacturers Can Minimize Risk and Maintain Consistency When Litigation Looms (New York City, December 2013)
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.
- Galper v. Merck Sharp & Dohme Corp. Member of science and expert team and trial counsel for Merck in initial bellwether trial in California state coordinated proceedings involving 700 lawsuits in which plaintiffs alleged that Fosamax® caused atypical femur fractures. After a six-week jury trial, the jury returned a complete defense verdict for Merck. Following the verdict, hundreds of California plaintiffs voluntarily dismissed their cases.
- Su v. Merck Sharp & Dohme Corp. Member of science and expert team and trial counsel for Merck in New Jersey state court in the first ever Fosamax® trial based on an alleged atypical femur fracture. A mistrial was declared midway through the trial due to the plaintiff’s unrelated medical problems. The day before the next trial plaintiffs got an indefinite continuance.
- Glynn v. Merck & Co., Inc. Member of science and expert team for Merck in first federal court MDL jury trial involving claim of atypical femur fracture, resulting in defense verdict for Merck.
- Secrest v. Merck & Co., Inc. Member of science and expert team and trial counsel for Merck in federal MDL bellwether case in New York in which plaintiff claimed she developed a bone condition known as osteonecrosis of the jaw as a result of taking Fosamax®. Three-week jury trial ended in defense verdict for Merck.
- Hester v. Merck & Co., Inc. Member of science and expert team and trial counsel for Merck in federal MDL case to be tried in New York in which plaintiff alleged she suffered jaw bone injuries from using Fosamax®. A month before trial, and days after Merck filed for summary judgment, plaintiff voluntarily dismissed the case with prejudice.
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.
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.
- State of Louisiana v. Merck Sharp & Dohme Corp. First Vioxx® trial relating to claims brought by a state Attorney General. Obtained a complete defense verdict after a two-week bench trial in federal multi-district litigation court in Louisiana.
- Plunkett v. Merck & Co., Inc. First federal Vioxx® trial. After a two-week trial, mistrial declared after jurors reportedly deadlocked 8-1 in favor of the defense. A two-week jury retrial in New Orleans federal court resulted in unanimous defense verdict for Merck on all issues, which later was overturned by the district court.
- Grossberg v. Merck & Co., Inc. First California state court Vioxx® trial. Six-week jury trial resulting in defense verdict for Merck.
- Barnett v. Merck & Co., Inc. Three-week federal jury trial resulted in verdict against Merck, subsequently reduced to small fraction of damages award by trial court.
- Smith v. Merck & Co., Inc. Three-week federal jury trial resulted in unanimous defense verdict for Merck after less than two hours of deliberations.
- Mason v. Merck & Co., Inc.Two-week federal court jury trial resulted in defense verdict for Merck.
- Dedrick v. Merck & Co., Inc. Three-week federal court jury trial resulted in defense verdict for Merck.
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.
- In re Gadolinium-Based Contrast Agents Litigation Conducted Science Day proceeding before judge overseeing New Jersey state coordinated proceedings and judge overseeing federal MDL.
- Gerber v. Bayer Corp. Trial counsel for Bayer in the first state court Magnevist® case set for trial. Case settled two weeks before trial after a California state court judge issued tentative motion in limine rulings favorable to Bayer.
- Zelle v. Bayer HealthCare, LLC Connecticut state court case in which plaintiff alleged that Magnevist® caused anaphylactic shock. Summary judgment entered for Bayer based on learned intermediary doctrine.
- Harris v. Bayer HealthCare Pharmaceuticals Inc. (and companion cases) Five consolidated California state court cases in which plaintiffs alleged that off-label use of Magnevist® caused septic joint infections. Summary judgment entered for Bayer based on various grounds, including learned intermediary doctrine, federal preemption, and proximate causation.
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.
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.
- Hopkins v. AstraZeneca Pharmaceuticals, L.P. Delaware state court Seroquel® case. Summary judgment entered for AstraZeneca after judge granted AstraZeneca’s Daubert motion on plaintiff’s specific causation expert.
- Scaife v. AstraZeneca Pharmaceuticals, L.P. Delaware state court Seroquel® case. Summary judgment entered for AstraZeneca after judge granted AstraZeneca’s Daubert motion on plaintiff’s specific causation expert.
- Hebert v. AstraZeneca Pharmaceuticals, L.P. Delaware state court Seroquel® case. Plaintiff voluntarily dismissed case with prejudice three weeks before trial.
- Jones v. AstraZeneca Pharmaceuticals, L.P. Delaware state court Seroquel® case. Summary judgment entered for AstraZeneca after judge granted AstraZeneca’s Daubert motion on plaintiff's specific causation expert.
Additional Representative Litigation
Counsel and national science and expert team member for Bayer Corp. in mass tort litigation resulting from withdrawal of the prescription cholesterol-reducing medication, Baycol®.
- Lewis v. Bayer Corp. Philadelphia state court medical monitoring class action alleging latent injuries to all Pennsylvania Baycol® users. Plaintiffs’ expert excluded at Frye hearing, leading to case dismissal.
In re Prempro Products Liability Litigation
National science and expert team member for Wyeth, Inc. in products liability litigation concerning the hormone replacement therapy prescription drugs Premarin® and Prempro® alleged to cause breast cancer.
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)