Mr. Barnes is a founding partner of the firm. He represents clients in complex tort, commercial, and product liability litigation. During his career, he has represented a variety of clients in disputes involving pharmaceuticals, medical devices, antitrust, breach of contract, unfair trade practices, aviation, commercial torts, and state procurement laws. He has defended companies in federal and state court class actions in Maryland, West Virginia, Alabama, Ohio, Pennsylvania and California. He has also tried to verdict complicated multi-plaintiff product liability, pharmaceutical and medical device cases. He has briefed and argued cases before the United States Supreme Court and various state and federal appellate courts.
Representative clients include Pfizer Inc, Wyeth, Telectronics Pacing Systems, Inc., Pacific Dunlop, Ltd., DENTSPLY International, Johnson & Johnson, DePuy Orthopedics, L. Perrigo Company, Nissan Motor Credit Corporation, ARINC, Vermont Talc, A.H. Robins Co., Gruss & Co., and Correct Rx Pharmacy.
Mr. Barnes’ significant representations include trials for Pfizer Inc and/or Wyeth relating to the Bjork Shiley Mechanical Heart Valve (1985-1999), Rezulin (2000-2004), Diet Drugs (2003-2005), and Neurontin (2007-2011). Mr. Barnes has also represented Pfizer in the hormone therapy litigation since 2004 in cases in several jurisdictions including Pennsylvania, Minnesota, West Virginia and Virginia. He also had significant responsibilities for the preparation and presentation of scientific evidence in the Celebrex, Bexta and Chantix Litigations. He has briefed and argued several Daubertmotions in pharmaceutical cases. Mr. Barnes served as national counsel to Pfizer Inc and its subsidiaries for claims and disputes arising from the manufacture and sale of the Duracon Unicompartmental Knee. In addition, he obtained a temporary restraining order and permanent injunction against the owner of a pornographic web site in Maryland for the infringement and dilution of Pfizer's "Viagra" trademark.
Mr. Barnes served on the firm's national counsel team representing Telectronics Pacing Systems, Inc. in connection with hundreds of claims arising out of the alleged failure of pacemaker leads. See In Re Telectronics Pacing Systems, Accufix Atrial "J" Leads Litigation, MDL-1057. The firm was responsible for defending state and federal class actions, which involved claims for personal injury and medical monitoring. Mr. Barnes was the lead counsel with primary responsibility for the development and presentation of scientific, regulatory, engineering, and clinical evidence on behalf of the company. He defended depositions of principal company witnesses, including the 30(b)(6) witnesses in the multidistrict litigation, and conducted the depositions of all adverse expert witnesses regarding statistical, design, and engineering issues. Mr. Barnes presented a significant portion of the defense's case in a five-day summary jury trial held before The Honorable S. Arthur Spiegel in the United States District Court for the Southern District of Ohio. Mr. Barnes was also on the team that defeated certification of the proposed personal injury and medical monitoring class in Zinser v. Accufix Research Institute, Inc., 253. F.3d 1180 (9th Cir. 2001), request for rehearing and rehearing en banc, denied, 273 F.3d 1266 (9th Cir. 2001). Currently, Mr. Barnes is the principal advisor to the company for ongoing regulatory and medical/scientific legal issues. In addition, Mr. Barnes is currently responsible for the defense of the client in all non-pacemaker lead litigation in the United States and for advising the company on regulatory matters and foreign claims.
Since 1994, Mr. Barnes has represented DENTSPLY International in a variety of commercial disputes and class actions in numerous jurisdictions. Recent representations include a commercial arbitration arising out of a disputed milestone payment tied to the issuance of patents; deceptive trade practice class actions in the Eastern District of Pennsylvania and California state court brought on behalf of purchasers of dental equipment; insurance coverage disputes; and the prosecution of a legal malpractice action arising out of a commercial dispute litigated in New Mexico. Mr. Barnes successfully defended DENTSPLY in a state court class action in Alabama alleging year 2000 compliance problems with dental practice management software. His representation has included defending claims brought by licensees of dental practice management software and advising the client about commercial disputes with independent value added resellers of this software. Mr. Barnes serves as local counsel for DENTSPLY in its defense of trademark and Lanham Act claims brought in Maryland federal court.
Mr. Barnes also serves on the team representing ARINC, a provider of Advanced Information Management for a rail control center in the matter of the Fort Totten Metrorail Accident Cases pending in the United States District Court for the District of Columbia. He is primarily responsible for the preparation and presentation of technical and scientific evidence pertaining to software design, train tracking algorithms, alarm management and accident reconstruction.
Mr. Barnes represents L. Perrigo Company in cases in California, Maryland, Pennsylvania, New Jersey, and the District of Columbia involving over-the-counter medications including aspirin (Reyes Syndrome), Acetaminophen and Ibuprofen.
Mr. Barnes successfully represented Johnson & Johnson in obtaining the dismissal of a state court class action seeking medical monitoring for Maryland residents who were treated with Propulsid. He has also participated in the defense of products liability claims involving pharmaceutical and medical devices manufactured and distributed by Johnson & Johnson. Mr. Barnes currently represents Johnson & Johnson and DePuy Orthopaedics, Inc. in Maryland, the District of Columbia and Virginia in pinnacle hip cases.
Mr. Barnes currently represents a certified minority-owned business enterprise in a state procurement dispute valued in excess of $150 million that involves the provision of clinical pharmacy services and medications to Maryland’s correctional facilities before the Maryland Board of Contract Appeals.
For Vermont Talc, Mr. Barnes participated in defending 3500 product liability suits alleging injury from exposure to occupational dusts, including commercial talc. His responsibilities included preparing expert and medical evidence concerning medical causation and industrial hygiene, deposing expert and fact witnesses, and preparing pleadings and various motions. Mr. Barnes participated in the development and implementation of the national defense strategy.
For A.H. Robins Co., Mr. Barnes served on the trial team, defending the client in product liability suits alleging serious personal injuries arising out of the use of the Dalkon Shield intrauterine device. With two current partners of Goodell DeVries, Mr. Barnes was responsible for an active docket of 450 individual cases in Maryland and Washington, D.C. He developed expert witnesses, handled all phases of pre-trial discovery, drafted legal memoranda, argued motions, and second-chaired the trials of cases in Maryland and in other jurisdictions. For the Dalkon Shield Claimants Trust, Mr. Barnes represented the client in the southeastern United States in dozens of matters alleging injury and damages from the Dalkon Shield. His responsibilities included the preparation and argument of all substantive pre-trial motions and the preparation of all aspects of pre-trial discovery. He also participated in the trial and/or arbitration of the claims through the appellate process.