Joe W. Tomaselli, Jr.
Partner / Dallas

Gardasil Litigation

Representation of Merck in all aspects of products liability cases involving the HPV vaccine, Gardasil.

SynchroMed Litigation

Represented Medtronic, Inc. as national counsel in products liability cases nationwide involving the SynchroMed® II Programmable Drug Infusion System.

In re Roundup Products Liability Litigation

Member of trial and national science and expert teams, including litigation-wide and case-specific expert strategy.

PFAS Environmental Litigation

National counsel for chemical manufacturer in thousands of environmental and products liability claims in state and federal courts nationwide brought by individuals, municipalities, and states alleging groundwater contamination and personal injury as individual claims, consolidated proceedings, and class actions.

Rowley v. AbbVie, Inc.

Represented AbbVie in an MDL bellwether trial where the plaintiff claimed AndroGel caused his deep vein thrombosis. The jury returned a complete defense verdict for AbbVie in June 2018.

Sybron Canada Holdings, Inc. et al. v. Niznick et al.

Lead trial counsel for Danaher Corp. joint venture companies in a breach of contract and fiduciary duty action against the joint ventures’ minority shareholders pending in New York state court’s Commercial Division. After approximately fifty days of deposition testimony and a two-week bench trial, the Court granted complete relief to Danaher and the joint venture companies, ruling that the minority shareholders had engaged in conduct that triggered two contractual buy-out options.  The Court also rejected all of the minority shareholders’ counterclaims against Danaher and the joint venture companies from which the shareholders had originally sought over 100 million dollars in damages. Obtained dismissal of two related cases filed in California state court by the minority shareholders.

Vioxx Litigation

Trial counsel, national expert team member, and global settlement program co-designer and implementer for Merck in products liability and government investigation matters arising out of the withdrawal of the prescription drug, Vioxx®.

• 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.
• Vioxx Governmental Action Cases Served as national counsel and trial counsel in several actions brought by State Attorneys General against Merck relating to Vioxx®.
• 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 resulted in a complete 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 jury trial resulted in defense verdict for Merck.
• Dedrick v. Merck & Co., Inc. Three-week federal jury trial resulted in defense verdict for Merck.
• Ernst v. Merck & Co., Inc. First Vioxx® trial in country. Five-week Texas state court jury trial that resulted in a judgment against Merck. Judgment was subsequently reversed and rendered for Merck on appeal.

In re Ethicon, Inc., Pelvic Repair System Products Liability Litigation

Member of national science and expert team for Johnson & Johnson and Ethicon in federal MDL concerning prescription pelvic mesh products used for the treatment of pelvic organ prolapse and stress incontinence.

Lyles et al. v. McNeil-PPC, Inc. et al.

Trial counsel for McNeil and Johnson & Johnson in products liability case involving teenager’s fatal liver failure allegedly caused by Tylenol®. The matter settled for a nominal sum on the first day of trial.

Berg v. Johnson & Johnson, et al.

Trial counsel for Imerys Talc America, Inc. in products liability case involving ovarian cancer. Court granted summary judgment to Imerys shortly before trial.

In re Hormone Therapy Litigation

Represented Wyeth in product liability litigation involving Premarin® and Prempro® hormone replacement therapy products alleged to cause breast cancer.

Seroquel Litigation

Counsel and member of national expert team for AstraZeneca in products liability matters relating to the prescription drug, Seroquel® used to treat certain mental health disorders.

• Hopkins v. AstraZeneca Pharmaceuticals, L.P. Delaware state court Seroquel® trial. 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® trial. 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® trial. Plaintiff voluntarily dismissed case with prejudice three weeks before trial.
• Jones v. AstraZeneca Pharmaceuticals, L.P. Delaware state court Seroquel® trial. Summary judgment entered for AstraZeneca after judge granted AstraZeneca’s Daubert motion on plaintiff’s specific causation expert.

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

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

Baycol Litigation

Represented Bayer in products liability matters arising out of the withdrawal of the prescription drug, Baycol®. Assisted with state coordination, expert team matters, and case development.

Kwell Shampoo Litigation

Represented Block Drug in products liability matters arising out of the prescription drug, Kwell® shampoo. Assisted with expert matters and case development.

Thurston v. Merck & Co., Inc.

Represented Merck as trial counsel in products liability case filed in Texas state court and removed to federal court in Houston. Plaintiff alleged that he developed muscle-related injuries from Merck’s cholesterol reducing medication, Zocor®. Merck’s Motion to Dismiss was granted and the Court dismissed the case with prejudice. On appeal, the Fifth Circuit affirmed the dismissal with prejudice.

Ketchum v. Merck & Co., Inc.

Represented Merck and Schering-Plough as trial counsel in products liability case filed in Florida state court. Plaintiff alleged that he developed rhabdomyolysis from Merck’s cholesterol reducing medication, Vytorin®. Obtained voluntary dismissal without prejudice after Merck filed its Motion to Dismiss.

Acker v. Merck & Co., Inc.

Represented Merck and Schering-Plough as trial counsel in products liability case filed in Texas state court and removed to federal court in Beaumont. Plaintiff alleges that he developed rhabdomyolysis from Merck’s cholesterol reducing medication, Vytorin®.

• University of Texas at Austin School of Law (J.D., with honors)
• Indiana University at Bloomington School of Business (B.S., Accounting and Finance, with distinction)
• Passed all sections of the CPA Examination

Represented large financial institutions in connection with multi-billion dollar adversary proceeding within the bankruptcy of Mirant, a wholesale energy concern.

Assisted major oil company in defeating multi-million dollar fraud and breach of contract claims pertaining to gas exploration in East Texas.

Represented fabricated products manufacturer in breach of contract suit pertaining to multi-million dollar asset purchase agreement.

Represented large accounting firm in connection with claims for auditing malpractice.