Ken principally defends pharmaceutical and medical device manufacturers in product liability, consumer protection, and Medicaid fraud claims brought as part of mass litigation – class actions and federal multidistrict and coordinated state court proceedings. He is adept at structuring and implementing mass settlements and designing strategies for addressing lien claims by government and private payors of health care benefits. Over his 30+ year career, Ken also has successfully defended against a wide range of litigation for other clients, including asbestos and silica litigation, and commercial disputes.
Ken is an advisor to the Duke Law Center for Judicial Studies in support of its conferences and publications concerning Standards and Best Practices for Large and Mass Tort Multidistrict Litigation. He has lectured on health care lien resolution in mass tort settlements, including at the Indiana University Robert H. McKinney School of Law, and also on the admissibility of expert opinion under Daubert v. Merrell Dow Pharmaceuticals, Inc., including at the Temple University Beasley School of Law. He is among an exclusive group of attorneys nationally who have been identified by Fortune 1000 corporate counsel to receive recognition for distinguished service to such companies.
Ken also is a court-appointed mediator for the Philadelphia County Court of Common Pleas Landlord/Tenant Mediation Program. His pro bono activities also include the representation of unaccompanied children seeking asylum in the United States, and he has spoken on that American Bar Association National Convention delegates. He has been recognized by the First Judicial District of Pennsylvania on the Pro Bono Roll of Honor for exemplary pro bono work.
Representative Matters
• As a member of the team acting as national counsel, defending two of the world’s largest pharmaceutical companies against individual product liability and state consumer protection and Medicaid fraud claims in federal multidistrict litigation, coordinated state proceedings, and multiple other state proceedings.
• Orchestrating and managing the settlement of tens of thousands of pharmaceutical and medical device personal injury claims.
• Defending settlement-related litigation brought by private health care insurers under Medicare Part C, ERISA, and various states’ laws nationwide.
• Implementing settlements of consumer protection claims by individual state attorneys general.
• Acting as regional litigation and trial counsel for a major building products manufacturer in defense of product liability claims, and claims arising from commercial transactions involving licensing, supply and distribution arrangements.
• Designing and implementing product replacement strategies in defense of an international roofing products manufacturer.
Credentials
BAR ADMISSIONS
• New Jersey
• Pennsylvania
COURT ADMISSIONS
• U.S. Court of Appeals, Third Circuit
• U.S. District Court, Eastern District of Pennsylvania
• U.S. District Court, District of New Jersey
EDUCATION
• Villanova University Charles Widger School of Law, J.D., 1983
• University of Pennsylvania, B.A., 1976; Biology
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