| Practice Description: |
Ed joined the firm in February 2000, soon after its founding by Ken Wexler. Since then, he has helped lead the firm to national prominence. He became a partner in 2003. Ed focuses his practice on complex multi-party litigation, and he has been appointed to leadership positions in numerous high-profile cases, including recent appointments in securities and mass tort litigation. Ed has been critical in the development of the firm’s mass tort practice and, in the process, he has gained a national reputation for integrity, efficiency, strategic planning, understanding the relevant science, and achieving success.
In the 2011 inaugural edition of Benchmark Plaintiff, The Definitive Guide to America’s Leading Plaintiff Firms & Attorneys, Ed was honored as a “Local Litigation Star” in its Illinois rankings in consumer protection. He has received this honor in 2012, 2013, 2014 and 2015. In 2014, Ed also was named an Illinois Super Lawyer, an honor given to no more than 5 percent of attorneys in the state. He was recognized as a “Rising Star” by Super Lawyers for the practice areas of class actions and mass torts in 2009. Ed was rated by peers in the Bar and given an AV® Preeminent™ rating by Martindale-Hubbell, the highest rating a lawyer can obtain, indicating a very high to preeminent legal ability and exceptional ethical standards.
Notable Cases and Results:
In re C.R. Bard, Inc. Pelvic Repair Systems Products Liability Litigation (MDL No. 2187)
In re American Medical Systems, Inc. Pelvic Repair Systems Products Liability Litigation (MDL No. 2325)
In re Boston Scientific Corp. Pelvic Repair Systems Products Liability Litigation (MDL No. 2326)
In re Ethicon, Inc. Pelvic Repair Systems Products Liability Litigation (MDL No. 2327)
Ed was recently appointed to the plaintiffs’ steering committee (“PSC”) by Chief Judge Goodwin of the United States District Court for the Southern District of West Virginia in each of these consolidated federal court proceedings relating to the implantation of transvaginal surgical mesh. Transvaginal mesh is a surgically-implanted medical device used to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI), conditions that may occur after surgery, childbirth and pregnancy. The mesh is placed transvaginally and intended to alleviate the pain and discomfort that is accompanied with these conditions. In October 2008, the FDA issued a public health notification alerting healthcare providers of the increasing number of serious health issues associated with the placement of transvaginal mesh. Then in July of 2011, the FDA strengthened its warning against using these devices – advising that they should only be used in situations where no other option is available and where the patient has been given complete and adequate warnings of the potential for these products to lessen the quality of the patient’s life. In addition to being a member of the PSC that will help lead this litigation, Ed and Wexler Wallace have been at the forefront of state court litigation in Delaware, Minnesota and New Jersey. Wexler Wallace represents hundreds of women from around the Country for injuries they have suffered as a result of the implantation of these devices.
Illinois Funeral Directors Association Litigation (Multiple Cases)
On behalf of funeral directors in the State of Illinois, Ed serves as Lead Counsel in this class action aimed at restoring the trust monies that were dissipated from the IFDA Services, Inc. Preneed Trust (the Trust), which had more than $300 million in assets that were supposed to pay for funerals of Preneed planning customers. Recoveries to date have exceeded $59 million.
In re Kugel Mesh Hernia Patch Products Liability Litigation, MDL No. 1842 (D.R.I.)
Ed is a member of Plaintiffs Steering Committee (“PSC”) in both Rhode Island State Court and in the consolidated Federal Court proceedings in the District of Rhode Island, where thousands of cases are pending against manufacturers of the Composix Kugel Mesh Patch. Publicly reported settlements in these cases exceed $184M. Ed is Chair of the Law and Briefing Committee and was also a member of the trial teams for every case selected for trial in the Federal and State Court proceedings. His significant role in this matter has given Ed the privilege to work with lawyers from all over the country with similar cases.
Virginia M. Damon Trust v. Mackinac Financial Corp., f/k/a North Country Financial Corp., Case No. 2:03-CV-0135 (W.D. Mich.)
Ed served as Co-Lead Counsel in this derivative action brought on behalf of Mackinac Financial Corp., which involved allegations of gross mismanagement by former chief executive officers of what was formerly known as North Country Bank and Trust resulting in millions of dollars in bad loans and other losses incurred by the bank and its shareholders. The case was litigated for years, brought to the brink of trial and settled after the Honorable Gordon J. Quist entered an order denying the bulk of defendant’s motion for summary judgment and denying defendant’s motions in limine to exclude the plaintiff’s experts. In approving the settlement, Judge Quist addressed the efforts of plaintiff’s counsel stating, “…the plaintiff’s lawyers did a good job. I mean they were successful almost a hundred percent…”
List v. List, Case No. 96-CH-845 (Ill. Cir. Ct. Cook County)
Ed was lead counsel in this case alleging mismanagement and waste at this closely held manufacturing concern. The firm was retained by shareholders after a decade of litigation. Ed was lead trial counsel in the bench trial regarding fee claims against the clients; Judge Nancy Arnold rendered a verdict in favor of the clients and the remainder of case settled for a confidential amount after the firm pursued discovery relating to financial transactions of the company’s former chief executive officer.
Year of Birth: 1969
Bar/Professional Association Involvement:
American Bar Association
Illinois State Bar Association
Chicago Bar Association
Illinois Trial Lawyers Association (ITLA)
American Association for Justice (AAJ)
AAJ Kugel Mesh Litigation Group, co-chair (2007-2012)
Public Justice, Class Action Preservation Project
Guest Lecturer, Class Actions and Mass Tort Practice, Loyola University Chicago School of Law
Published Legal Writing:
Co-author: “Composix® Kugel® Mesh: A Primer,” AAJ Newsletter for the Section on Toxic, Environmental & Pharmaceutical Torts, Spring 2008
Accountability: “Believe it or Not, Shutts Allowed It,” American Bar Association Consumer and Personal Rights Litigation Newsletter, Fall 2001
Wexler Wallace LLP is nationally recognized as a leading firm in complex class action and multidistrict litigation, from investigation to trial and appeals, within the following legal areas:
- Antitrust Litigation
- Mass Tort Litigation
- Business and Commercial Litigation
- Securities & Corporate Governance
- Healthcare Litigation
- Consumer Protection
- Whistleblower-False Claims Litigation
- Government Representation