Complex civil litigation with an emphasis on the defense of personal injury and product liability claims. Russell’s practice includes product liability litigation, defense of pharmaceutical and medical device companies, professional malpractice defense, maritime, environmental claims and commercial litigation. He has also dedicated a sizable portion of his practice to construction, where he has represented developers, general contractors, engineers, architects, building product manufacturers and suppliers in all aspects of construction disputes.
Bradley M. Juno, et al. v. Thomas Hospital, et al. — In this unique and challenging medical malpractice case pending in Baldwin County, Alabama, the decedent died as a result of receiving 80 units of Levemir insulin instead of 8 units. The discrepency was due to a medical transcription error made by Thomas Hospital's medical transcription vendor, co-defenddant Precyse Solutions. The hopsital's vendor, without written authorization of the hospital and in violation of its contract, sub-contracted the medical trancription work to two unknown medical transcription companies located in India, co-defendants Medusind Solutions and Samtech Datysys. There was also miscommunication between the patient's physician, Dr. Amare, and a hospital nurse resulting in the incorrect Levemir insulin dose being written on a patient transfer form admission order which was used by a nursing facility, Mercy Medical, who adminsitered the insulin to Mrs. Juno. After a two week trial in which one of the primary defendants, Samtech, did not appear, the jury awarded plaintiff $140 million against four defendants: Thomas Hospital; Precyse Solutions; Medusind and Samtech. Prior to filing an appeal, all defendants execpt Samtech reached settlements with the plaintiff where the amounts are confidential.
In Re: Trinsic, Inc./Thermo Credit, LLC — Served as co-trial counsel for Thermo Credit, LLC in this significant commercial litigation brought by the Bankruptcy Trustee of a failed publicly-traded telecommunication company. Thermo Credit purchased approximately $280 million in receivables in the 18 months prior to Trinsic filing bankruptcy. Thermo Credit also funded the $11 million Debtor-in-Possession (DIP) facility. The case involved contentious litigation and numerous complex financial issues. Claims asserted against Thermo Credit included breach of contract, fraudulent transfers, conversion, preference claims pursuant to 11 U.S.C. §547, disgorgement and equitable subordination. Just before trial, the parties reached a confidential settlement.
In Re: DePuy Orthopaedics, Inc.; ASR and Pinnacle Hip Implant Litigation — Represent Johnson & Johnson and its wholly owned subsidiary DePuy Orthopaedics, Inc. concerning product liability and other claims relating to DePuy’s metal-on-metal ASR and Pinnacle hip prostheses. On the litigation group in our firm that is representing Johnson & Johnson and DePuy Orthopaedics, Inc. in state court and MDL cases.