Eric efficiently manages large teams and voluminous dockets in complex pharmaceutical and medical device litigation across the country. As the leader of teams composed of both Shook and co-counsel attorneys, Eric has served as MDL lead counsel and national, regional and expert coordinating counsel for several Fortune 500 companies. Eric’s clients—including Gilead, Boston Scientific Corp., Bausch & Lomb, Valeant and Bayer—know he is committed to providing effective representation that maximizes the value of their legal spend. In addition to complex and multidistrict litigation, Eric has led the defense of class actions, personal injury and consumer fraud claims. As a managing partner of Shook’s Product Liability Litigation Practice Group, Eric coordinates and manages the recruiting, training and supervision of more than 200 attorneys and support staff across several of Shook’s offices.
Eric has tried high-stakes cases, including bellwether trials in nationwide multidistrict litigation. As national coordinating counsel in the pelvic mesh litigation, Eric and his team provided Boston Scientific Corp. with two of the earliest defense verdicts in one of the largest mass torts currently pending in the United States. Most recently Eric obtained a defense verdict for Fajardo v. Boston Scientific Corp. in Connecticut in 2019.
Eric assists his clients with resolving litigation before trial becomes necessary. As national litigation counsel for Bausch & Lomb in the ReNu® with MoistureLoc® contact lens solution litigation, he directed the defense of two coordinated multidistrict proceedings. Ultimately, the majority of cases were disposed of following a three-day Daubert hearing in rulings that went on to affect the nearly 1,000 remaining related cases.
Eric works with his clients to accomplish their goals efficiently through the use of alternative fee arrangements. He designs and manages fixed, capped and performance-based fee arrangements to better serve his clients’ needs.
Fajardo v. Boston Scientific Corp., Superior Court of Waterbury County, Massachusetts. Defense verdict in medical-device trial (pelvic mesh litigation).
Flores v. Boston Scientific Corp., Commonwealth of Massachusetts, Superior Court. Bellwether medical-device trial (pelvic mesh litigation).
Orozco v. Boston Scientific Corp., Commonwealth of Massachusetts, Superior Court. Bellwether medical-device trial (pelvic mesh litigation).
Barba v. Boston Scientific Corp., Delaware Superior Court, New Castle County. Bellwether medical-device trial (pelvic mesh litigation).
Eghnayem v. Boston Scientific Corp., U.S. District Court for the Southern District of Florida. Bellwether multi-plaintiff medical-device trial (pelvic mesh litigation).
Albright v. Boston Scientific Corp., Massachusetts Superior Court, Middlesex County. Defense verdict in medical-device trial (pelvic mesh litigation).
Cardenas v. Boston Scientific Corp., Massachusetts Superior Court, Middlesex County. Defense verdict in medical-device trial (pelvic mesh litigation).
In re Bausch & Lomb Inc., U.S. District Court for the District of South Carolina; New York Supreme Court, 1st Judicial District, New York City. National litigation counsel for defense of two multidistrict proceedings (contact lens product liability litigation).
Publications and Presentations
Busier Than a Centipede at a Toe-Counting Contest: Exponential Mass Tort Case Filing Volume as a Function of Bogus Trigger Dates, States' Statutes of Limitations, and Profit Potential, Update of the Law CLE, Kansas City, Missouri (June 13, 2019) (with Jordan Baehr, Adrienne Byard and Harley Ratliff).
Complex Litigation: Mass Tort, Kansas City Metropolitan Bar Association 2016 Bench-Bar & Boardroom Conference (May 13, 2016).
Using Non-Standard Experts in Complex Cases, National Complex Litigation Conference: A Symposium on Current & Emerging Issues (June 18, 2013).
Moderator, The Impact of International Regulatory Actions and Marketing on United States Litigation, International Association of Defense Counsel 2013 Annual Meeting (July 8, 2012).
Lone Pine Orders; What are they and how are they currently being used?, 10th Annual Louisiana State Bar Association Mass Tort Symposium (December 10, 2010).
Moderator, In-House Counsel Roundtable: Controlling Costs, Developing a Settlement Position, and Formulating a Defense Strategy for Products Liability Claims, American Conference Institute’s National Advanced Forum on Managing and Resolving Mass Tort Products Liability Claims (September 29, 2010).
Eric Anielak, Double Jeopardy: Protection Against Multiple Punishments, 61 Missouri Law Review (1996).