| *Most recent Jury Verdict or Settlement: $2,500,000.00 Settlement in Contested Liability Motorcycle Accident. Motorcycle pulled out from between to left turn lanes. Below knee amputation, broken ribs and clavical. |
| *The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts |
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PHARMACEUTICAL, MEDICAL DEVICE, PRODUCT LIABILITY LAWYERS
Attorney Henke Is a Pharmaceutical Product Liability Lawyer Whose Principle Area of Interest and Concentration over the Majority of His Career Has Been In the Prosecution of Drug Product Liability.
Attorney Henke has successfully represented many seriously injured victims of a broad range of pharmaceutical products principally in individual pharmaceutical product liability lawsuits. He has tried major pharmaceutical liability "test" cases, meaning cases which were followed closely by lawyers across the country. Indeed, attorney Henke's work in these important pharmaceutical liability cases has been covered widely, not only in the legal press, but in legitimate newspapers across this country, from front page articles in the New York Times to front page articles in the Los Angeles Times, in feature and cover magazine articles, and in legitimate national television, e.g., Tom Brokaw's NBC Evening News, CNN, etc., eventually in book chapters; indeed Mr. Henke testified before Congress at the invitation of the Chairman of the Judiciary Committee of the U.S. House of Representatives about 10 AIDS drug cases, and specifically, on the importance of punitive damages to deter the false claims for NDA/IND unapproved pharmaceuticals.
Attorney Henke is also Responsible for Important Federal Case Law Governing the Prosecution of Pharmaceutical Class Action Litigation.
Mr. Henke obtained the reversal of a federal court's order certifying a mandatory class action in mass pharmaceutical product liability litigation which would have determined the rights of many thousands of seriously injured pharmaceutical victims without affording them the option to "opt out" of the class and prosecute their individual litigation separately. It was Mr. Henke's position, accepted by the federal Court of Appeals, that mandatory pharmaceutical class action, as distinct from voluntary pharmaceutical class action, deprives the claimants of their right to the attorney of their choice and control over their individual litigation. In reversing the lower court, the Court of Appeals rendered an important published opinion which upholds the rights of those injured as the result of drug products to chose to pursue their litigation separately or join a voluntary pharmaceutical liability class action. In re Bendectin, 749 F.2d 300 (6th Cir. 1985). See, also: Henke, "Mandatory Class Action," Trial Magazine, ATLA, May, 1985.
It is Attorney Henke's Philosophy that Pharmaceutical Product Liability Cases Should Be Evaluated Individually, On A Case By Case Basis, Including To Determine Whether or Not It Serves The Individual Client To Opt In or Out of Class Action Litigation.
Joining a class action may often be the very best option available for pharmaceutical product liability plaintiffs. Sometimes, however, particularly for the more seriously injured victims of defective products, electing to opt in to pharmaceutical product liability class action may be the worst decision they can make. Often the injured individual will be better served, and specifically, may have a greater likelihood of obtaining a larger damage settlement, if his pharmaceutical product liability case is prosecuted separately, by attorneys loyal only to him.
It is Mr. Henke's concern that each individual injured as the result of a defective drug should receive unbiased, specifically tailored advice whether or not it serves his individual case to join a pharmaceutical product liability class action or not.
Pharmaceutical class actions may be very important vehicles for the prosecution of many cases and by no means does Mr. Henke detract from their utility. To the contrary, class actions are particularly useful to resolve mass pharmaceutical product liability litigation involving smaller injuries or damages, where prosecution of individual actions would be economically impossible. Class actions may also be appropriate in larger cases where the costs associated with prosecuting the pharmaceutical product liability case individually would substantially diminish the client's return. However, particularly in larger cases, or the more clearly causally related cases, it has been seen time and time again that individually prosecuted pharmaceutical product liability litigation has resulted in jury verdicts many times greater than the plaintiff would have received if he had joined the class.
You Are Welcome To Contact Attorney Henke For A Free Consultation In Any Pharmaceutical Product Liability Case.
Attorney Henke would be pleased to discuss your pharmaceutical liability case, the injuries you have sustained, the possibly difficult issue of "causation," and perhaps brainstorm the issue whether pharmaceutical liability class action makes sense for you.
º Mr. Henke will not pressure you to engage him as your attorney. Indeed, he will encourage you to consider all your options, including your option to chose to join a pharmaceutical class action, your option to pursue your case separately, your choice of states in which to file your pharmaceutical liability action, e.g., the state in which the injury occurred, the state of incorporation of the manufacturer, the state of the manufacturer's principle place of business, and what might be the benefits or detriments of filing in one state over another.
º Mr. Henke will also encourage you to investigate broadly the credentials of lawyers who would be available to represent you in your pharmaceutical product liability case. To that end, below he provides a list of questions you may wish to ask prospective pharmaceutical product liability lawyers in order best to gauge their credentials.
º These potential client conversations are important to attorney Henke, as these are the kinds of conversations that can also serve to alert Mr. Henke and the legal profession to new categories of product defects or the breadth of injuries which may be associated with known defective products.
º You should, therefore, feel welcome and encouraged to call and speak to attorney Henke personally about your pharmaceutical product liability case. Indeed you may be assured that your call will be welcomed by him. Or fill out the easy to submit contact-questionnaire and Mr. Henke promises to personally respond within 24 hours, guaranteed.
You Should Inquire of Any Attorney Who You Would Consider for Your Pharmaceutical Product Liability Case About His Qualifications To Prosecute the Case.
Some pharmaceutical product liability attorneys may be attorneys who head class action lawsuits, others may be attorneys who join their clients in pharmaceutical product liability class action lawsuits, and still others may be attorneys who have the credentials and experience to prosecute individual class actions and will determine what is in their individual client's best interest, to join a class or prosecute the client's case individually.
In order to assess a lawyer's qualifications you should ask about his experience and track record in prosecuting pharmaceutical product liability cases. In addition, there are a number of general attorney qualification questions which you may wish to ask any lawyer who you would consider to represent you in your pharmaceutical product liability lawsuit.
Below you will find a list of such general questions, and attorney Henke also affirmatively provides his answers to the questions, should you wish to consider his credentials as you make this crucially important decision for your case.
Call Mr. Henke Toll Free, or Fill Out the Easy to Submit Questionnaire, And Mr. Henke will Call You Within 24 Hours, Guaranteed.
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Pharmaceutical Product Liability Attorney Qualification Questions And Answers:
QUESTION:
Is the pharmaceutical product liability lawyer rated by Martindale & Hubbell? And if so, what is his "Legal Ability" rating, and what is his "General Ethical Standards" rating? Martindale & Hubbell is overwhelmingly considered, without competition, the very most highly respected national attorney rating directory in the United States.
ANSWER:
Mr. Henke's answer is that "Yes" he is rated by Martindale & Hubbell. He has the very highest Martindale & Hubbell "legal ability" rating, "A" [from Very High to Preeminent]; and the very highest "General Ethical Standards" rating, "V" [Very High]. These are ratings that Mr. Henke has received for all of the past decade of his career.
QUESTION:
Has the pharmaceutical product liability attorney served as trial counsel in individually prosecuted major pharmaceutical and medical device litigation involving substantial injuries, and then obtained substantial settlements and jury verdicts?
ANSWER:
Mr. Henke has served as counsel in many serious injury pharmaceutical and medical device product liability cases over the course of his career and has obtained substantial settlements and jury verdicts, including million dollar settlements and million dollar jury verdicts.
Required Disclaimer: The results obtained in those cases were dependent upon the facts of the cases, and the results will differ in other cases based on different facts.
QUESTION:
Has the pharmaceutical product liability lawyer been recognized by his peers as an established, superior trial lawyer?
ANSWER:
Mr. Henke was first an invited, and then elected, and then reelected again and again Governor of LATLA, the fifth largest trial lawyers association in the United States.
Mr. Henke was also nominated by the LATLA Board for the most highly coveted "Trial Lawyer of the Year" Award for his trial work in an important pharmaceutical product liability case involving 5 individual clients against the manufacturer of an FDA unapproved AIDS drug.
Mr. Henke also served for years in the prestigious position of the Editor-in-Chief of LATLA's legal journal, "THE ADVOCATE."
QUESTION:
Has the pharmaceutical product liability attorney obtained positive recognition in and outside the Legal profession?
ANSWER:
Mr. Henke has a national reputation as an effective, successful and determined pharmaceutical product liability trial attorney as reflected in scores of newspaper articles about Mr. Henke and his work in pharmaceutical product liability cases in legitimate national legal periodicals, and in legitimate national newspapers, eg. the New York Times and Los Angeles Times, in lay and legal magazines, and national and international television. Attorney Henke also testified before Congress at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives on his legal work in several pharmaceutical liability cases, including his use of claims for punitive damages to set examples of defendants for their conscious disregard of the safety, health and rights of those who were led to use their drug.
QUESTION:
Can the pharmaceutical product liability lawyer verify that he is an effective legal advocate, by citation to important published appellate victories he has achieved in pharmaceutical product liability litigation? A pharmaceutical product liability lawyer's appellate success matters because it is a good measure of the attorney's vitally important general ability to argue and persuade on legal issues. It is an ability that is not just essential on appeals. It is an ability essential to the pharmaceutical liability attorney's effectiveness in meeting all the big and small challenges presented at every stage of pharmaceutical liability litigation, e.g., by pretrial motions, which can seriously affect settlement posture as well as the respective parties' important advantages or disadvantages at trial. Your attorney's willingness to ask the appellate court to immediately reverse a bad pretrial decision that guts the case may also be essential to achieve the quickest and best result. Legal advocacy is also a talent essential during a pharmaceutical product liability trial, as the trial lawyer must be able to effectively argue legal issues, e.g., the admissibility of witness testimony or the inadmissibility of prejudicial medical or character evidence, or the permissibility of expert opinion testimony, etc. Then, if you "hit big" at trial, the pharmaceutical company is almost certain to appeal, and you may then require superior legal advocacy to hold on to your victory.
ANSWER:
Mr. Henke has had extraordinary published and verifiable appellate victories in substantial product liability litigation. As one example, on behalf of a single aggrieved pharmaceutical product liability client Mr. Henke obtained the reversal of a $120,000,000.00 Ohio Federal District Court approved settlement purporting to bind 1000 pharmaceutical product liability claimants joined in the Ohio District Court and all others injured by the product nationwide. On a petition for writ of mandamus to the United States Court of Appeals for the Sixth Circuit, Mr. Henke also obtained the reversal of the Ohio Federal District Court's certification of a national mandatory product liability class action. Mr. Henke's argument, accepted by the Court of Appeals as requiring both decisions was that Mr. Henke's individual client was denied his right to counsel of his choice and control over his individual pharmaceutical product liability litigation. The appellate decision effected an important and enduring change in pharmaceutical product liability law severely restricting the availability of mandatory, as opposed to voluntary class actions in "mass disaster" litigation.
As another example, when a trial judge applied newly enacted tort reform legislation to deprive attorney Henke's clients of their punitive damage claims in an AIDS drug fraud case, Mr. Henke obtained a stay of the trial and filed in the Court of Appeals an "extraordinary writ" seeking an immediate reversal of the trial court's order. The Court granted the writ of mandamus, ordering the trial court to reverse its order and permit Henke's clients to pursue their punitive damage claims. It also rendered an important published appellate opinion reinterpreting the repressive tort reform legislation to deprive it of nearly all of its negative force and effect.
QUESTION:
In sophisticated pharmaceutical litigation which commonly turns on the quality of the experts called by the plaintiff and the manufacturer, has the attorney demonstrated the ability to inspire the most qualified experts to testify for his clients.
ANSWER:
Attorney Henke is aggressive in his pursuit of the evidence, and has engaged some of the very finest experts in the world to testify for his clients . In the last above mentioned AIDS drug fraud case, for example, Mr. Henke's experts included Luc Montagnier, the head of France's National AIDS Laboratories, and the discoverer of HIV; Michael Gotlieb, the physician who discovered AIDS, and co-founder of the American Foundation for AIDS Research; Don Francis, the head of the CDC's first AIDS task force, and the epidemiologist who discovered that AIDS was a sexually transmitted disease; John Curnutte, the head of the largest and most promising AIDS vaccine research project in the world; Roger Detels, Chairman of the Epidemiology Department at the UCLA School of Health, and senior investigator on the largest and longest running epidemiological study in the world on AIDS patients and the efficacy of AIDS drugs; and a dozen others of the most highly regarded AIDS scientists in the world.
Pharmaceutical Product Liability Lawyer Henke Welcomes You To Call If You Suspect That You Have Been Injured by A Drug.
You may contact Attorney Henke if you suspect you were injured by drug or other medical product or device, and you may call regardless of the state in which you ingested the drug and suffered your injury. Mr. Henke is licensed to practice law in the state of California, but, consistent with all ethical rules, Mr. Henke may be able to assist you regardless of your state of residence. Often individual pharmaceutical liability cases can be brought in a number of jurisdictions, including the state of incorporation of the defendant or the state of its principle place of residence. In national class actions it is common that cases from around the country will be prosecuted in the federal court of one state. Even if he might not be able to advise or represent you in your pharmaceutical product liability case, please understand that Mr. Henke cares. He will advise you if he is aware of a class action pending. If you conclude that you would like to explore alternatives to class litigation, Mr. Henke would be pleased to suggest the possible trial lawyers associations or pharmaceutical liability section of such an association you might contact to find the very best lawyer to represent you in your state or in one or more of the other states in which your action might properly be filed.
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