A surgeon by training, Emma Ross has built a career at the intersection of trial lawyer and science whiz. Emma possesses a unique ability to shape science-forward litigation themes that win bet-the-company cases—and then to deliver those themes in a courtroom. Emma believes that judges and juries can understand thorny scientific issues when they are explained well. Explaining them well is where Emma excels. With this skill, Emma helps her clients win trials and achieve litigation-dispositive results in complex products liability and commercial cases.
Earlier this year, Merck selected Emma as trial counsel in the first jury trial over Gardasil, Merck’s HPV vaccine. The trial, which took place in California state court, was not just the first HPV vaccine trial—it was also the first time any routine recommended childhood vaccine covered by the Vaccine Act had ever proceeded to a U.S. jury trial. Emma crossed and presented key witnesses, including the critical causation expert and both company scientists. After three weeks of trial, the trial was adjourned at plaintiff’s counsel’s request, with no money paid. Shortly thereafter, a federal judge overseeing the Gardasil multidistrict litigation (where Emma heads science and expert strategy) granted summary judgment on preemption. Emma also serves as trial counsel for Bayer, representing the company in some of its most challenging cases and difficult jurisdictions. For instance, Emma handled the cross of key witnesses in a 2022 St. Louis Roundup trial, where she and partners Tarek Ismail and Shayna Cook would secure a complete defense verdict after less than two hours of jury deliberations.
Emma is as skilled leading a science team as she is serving as trial counsel. In addition to her trial role in the Gardasil litigation, as science team lead Emma has taken the critical initial depositions of plaintiff’s experts, cross examined those experts at key admissibility hearings, and presented on Gardasil’s safety and effectiveness at a court-requested “science day.” And in the Roundup litigation, Emma led a Goldman Ismail team that played a key role in reshaping litigation-wide science themes in how we explain the origin of cancer, helping drive a wave of trial victories for Bayer. Her recent successes build on early experience as a key member of Goldman Ismail-led defense teams that successfully excluded all of plaintiffs’ causation experts in two separate Mirena MDLs. Without reliable causation evidence, the defense argued that no plaintiff could prove her injuries, requiring dismissal of all claims. The district and appellate courts agreed, twice.
Emma maintains a robust pro bono practice focusing on reproductive justice and antiracism. She recently led a Goldman Ismail team advocating on behalf of women who received coerced, unindicated, and unconsented gynecologic care while in immigration detention. She is also the emeritus co-chair of the Reproductive Justice Working Group of the Law Firm Antiracism Alliance, an organization that aims to harness the resources of the private bar in the effort to end systemic racism. With partner Shayna Cook, Emma has also presented in multiple forums on lawyer well-being and the evidence-based interventions we can embrace to improve it.