News: AW Attorney Aimee Wagstaff makes history as Lead trial counsel in the only federal Roundup trial with an $80,267,634.10 verdict!
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In 2010, Aimee became a founding partner of Andrus Wagstaff. Since that time, she has dedicated the entirety of her professional life fighting against pharmaceutical and medical device companies who harm her clients by continually putting profits before safety. The vast majority of Aimee's litigation is done through national mass tort consolidations, usually multidistrict litigations (MDLs) or Judicial Council Coordinated Proceedings (JCCPs). In that regard, Aimee has been appointed by federal and state court Judges across the country to co-lead four national litigations by the age of 40, such litigations representing tens of thousands of injured claimants.
Although Aimee is licensed to practice in California, Colorado, and Missouri, she mainly resides in Denver, Colorado. Recently, the Colorado Trial Lawyers Association (“CTLA”) presented Aimee with the “Access to Justice” award, which honors the “perseverance, courage and character shown over and over again in cases of extraordinary circumstances.”
Recently, the Honorable Vince Chhabria appointed Aimee to serve as national Co-Lead counsel of MDL 2741- In Re: Roundup Products Liability Litigation, situated in the United States District Court for the Northern District of California. In that MDL, Plaintiffs allege that exposure to Monsanto's billion dollar weed killer, Roundup, causes cancer. Because Roundup is sprayed on (an estimated) 80 percent of the food we eat, the case has generated considerable media attention. Here are a few of the articles: “EPA Official Accused of Helping Monsanto ‘Kill' Cancer Study”, “Monsanto Weed Killer Roundup Faces New Doubts on Safety in Unsealed Documents”, “Monsanto Ghostwrote Cancer Studies of Its Own Weed Killer, Plaintiffs in Lawsuit Say.”
Aimee served as lead trial counsel in the first, and only, federal Roundup trial – Hardeman v. Monsanto. After a hard-fought month-long trial, the jury unanimously returned a verdict for Mr. Hardeman in the amount of $80,267,634.10. Shortly after that historic verdict, and while the Hardeman verdict is on appeal, Monsanto announced it has resolved 75% of the national lawsuits for almost $11,000,000,000.00 (eleven billion dollars). That settlement included over a billion dollars for Andrus Wagstaff clients. The Colorado Trial Lawyers Association (“CTLA”) recognized the impact of the Hardeman verdict by voting it the “Case of the Year.”
In 2015, Aimee made MDL history when the Honorable Judge Kathryn H. Vratil appointed her to serve as Co-Lead counsel of the first ever majority women MDL plaintiffs' steering committee (PSC) – MDL 2652: In Re: Ethicon, Inc., Power Morcellator Products Liability Litigation, situated in the United States District Court for the District of Kansas. The morcellator litigation involves women and their families all over the United States who have been diagnosed with devastating and permanent injuries, including leiomyosacroma (“LMS,” a deadly form of cancer), following the use of Ethicon's power morcellator during a fibroid removal or hysterectomy surgery. That MDL was also historic for its pace of resolution, within a year.
Additionally, the Honorable Joseph R. Goodwin, Chief Judge, United States District Court for the Southern District of West Virginia, appointed Aimee to serve on the TVM Plaintiffs' Steering Committee overseeing all 7 TVM MDLs and also appointed Aimee to serve on the eight-member national executive committee overseeing the TVM MDLs and to serve as national co-lead of MDL 2326 against Boston Scientific Corporation. To date, Juries across the County, in several different jurisdictions have awarded TVM Plaintiffs over $500,000,000.00. Aimee was part of the trial team against Boston Scientific wherein a jury from the Southern District of West Virginia awarded 4 TVM Plaintiffs $18,500,000.00 after determining that Boston Scientific's Obtryx product was defectively designed. The TVM MDLs will be remembered as one of the biggest (both in volume and value) product liability cases in American jurisprudence. To date, the TVM litigations have generated an estimated 10 billion in settlement monies.
In March 2013, Aimee founded and hosted the first annual “Women En Mass” (WEM) retreat that was held in Aspen, Colorado. WEM is an annual working retreat for amazing women in mass torts — a time to relax and enjoy each other's company while creating new, and fostering old, relationships. If you are interested in attending, check out WEM's website or contact Aimee directly, she would love to include you on the next invite/distribution list. If you are a social media type, “Like” Women En Mass on Facebook.
Prior to founding AW, Aimee gained invaluable experience with the defense bar as she billed countless hours working as a green associate for a large defense firm.
Aimee earned her undergraduate degree in Marine Science and Communications from the University of San Diego, where she played on the women's soccer team.
Recent Success Stories
$80,267,634.10 Roundup Verdict: AW partner Aimee Wagstaff was lead trial counsel in the first, and only, federal Roundup trial. The trial was particularly impressive as the case was bifurcated into two phases: Scientific Causation and “Everything Else.” Shortly after that historic verdict, Monsanto announced it had resolved 75% of the national lawsuits for almost $11,000,000,000.00 (eleven billion dollars).
$18,500,000.00 BSC TVM Verdict: Boston Scientific gets slammed with huge verdict. AW Partner Aimee Wagstaff was an integral part of the trial team that represented 4 Plaintiffs who were injured after being implanted with Boston Scientific's Obtryx product. After a month trial in the Southern District of West Virginia, the trial team secured a verdict of 18.5 Million dollars, including punitive damages after the jury found the Obtryx product was defective and Boston Scientific failed to warn the doctors. The trial was held before the Honorable Irene Berger.
HUGE Boston Scientific TVM Verdicts: AW Partner Aimee Wagstaff serves as National co-lead counsel of the TVM MDL against Boston Scientific. Currently, juries across the Country have awarded Boston Scientific Plaintiffs in excess of $118,000,000.00.
10 Billion in Settlements and over 500 Million in TVM Verdicts: AW Partner Aimee Wagstaff serves on the 8 person Executive Committee overseeing all federal TVM litigation. To date, Defendants have pledged over 1.6 Billion dollars in resolution monies and juries across the land have awarded over $240,000,000.00 in verdicts to TVM Plaintiffs.
- Medical Devices, Implants & Products
- Consumer Products
- University of Denver Sturm College of Law J.D.,
- University of San Diego B.A.,
- Missouri, 2018
- California, 2011
- Colorado, 2005
- United States Supreme Court, 2011
- Women En Mass
- Colorado Bar Association
- Denver Bar Association
- Colorado Trial Lawyers Association
- American Association for Justice
Honors & Awards
- 2018 President for The Mass Tort Trial Lawyers Association: Top 25.
- Included in the 24th Edition of The Best Lawyers™ in America for Mass Tort Litigation / Class Actions – Plaintiffs.
- 2017 Recipient – “2017 Young Innovator Award” – Mass Torts Made Perfect.
- 2016 Member: “The RoundTable: America's 50 Most Influential Lawyers” – The Trial Lawyer.
- November 4, 2015: Aimee Wagstaff quoted in the following article regarding FDA classification of Zofran as a Category B drug: Daily Beast article.
- November 2015: Aimee Wagstaff makes MDL history as Court appoints her National Co-Lead Counsel of the Ethicon Morcellator MDL with a PSC comprised of majority women.
- 2015 Article – “Empowering Women in Mass Torts“ – American Association for Justice.
- 2014 Article – “Blazing Through Mass Torts“ – American Association for Justice.
- 2013 National Academy of Personal Injury Attorneys –
- “Nationally Ranked Top 10 Attorney Award” For excellence in the field of Personal injury.
- 2010 Finalist –” Up and Coming Lawyers” – Law Week Colorado.
- Harris Martin Roundup Litigation – Co-Chair; Chicago, Illinois – June 29, 2017.
- Harris Martin Women's Health Litigation Conference, Part II – Co-Chair; Beverly Hills, California; June 16, 2017.
- Harris Martin MDL Conference: Physiomesh, IVC Filters & Xarelto – Roundup Litigation Update; San Antonio, Texas; May 24, 2017.
- Co-Chair – Mass Tort Med School + Class Actions, Orlando, Florida; March 15-17, 2017.
- Matters of Mass Tort, Faculty; Cancun, Mexico; January 18-20, 2017.
- AAJ – Diversity in Mass Torts; November 30, 2016; Charlotte, North Carolina.
- AAJ Conference: Diversity in the Law; Charlotte, North Carolina; November 29, 2016.
- Harris Martin MDL Conference: Talcum Power, ELIQUIS, PPI, Essure, Taxotere and Roundup Litigations; Washington, D.C.; September 28, 2016.
- Harris Martin Women's Health Litigation Conference – Part I – Co-Chair; Beverly Hills, California; June 22, 2016.
- Harris Martin MDL Conference: ‘Bet the Company' Mass Tort Litigation; Chicago, Illinois; May 25, 2016.
- Mass Tort Med School, Faculty and Co-Chair; San Juan, Puerto Rico; April 28-30, 2016.
- Harris Martin MDL Conference- Pharmaceutical Update; New Orleans, Louisiana; December 2, 2015.
- American Association for Justice (“AAJ”) National Convention – Transvaginal Mesh; Montreal, Quebec, Canada; July 12, 2015.
- HM's Lumber Liquidators Flooring Litigation Conference – Is there a Personal Injury Case? – Minneapolis, Minnesota; May 27, 2015.
- Mass Tort Med School 2: Boot Camp; Boca Raton, Florida; May 6-7, 2015.
- HM's MDL Conference – Xarelto, Morcellators & Emerging Torts – (1) Power Morcellator Science and Liability Issues; (2) Litigation Updates – Transvaginal Mesh, Low T, Risperdal, Talc and Fluoroquinolones (FLQ); and (3) Zofran – San Diego, California; March 25, 2015.
- American Association for Justice (“AAJ”) – Power Morcellator Litigation Webinar – February 11, 2015.
- American Association for Justice (“AAJ”) – Plaintiff-Only Hot Topics and Trends in Litigation; Miami, Florida; January 28, 2015.
- American Association for Justice (“AAJ”) National Convention – Transvaginal Mesh; Baltimore, Maryland; July 28, 2014.
- Mass Tort Med School: Boot Camp; Boca Raton, Florida; May 7-9, 2014.
- Guest Professor, The University of Texas School of Law – Using Documents in Regard to Pretrial and Trial Strategy; Austin, Texas; February 20, 2014 & February 26, 2015.
- American Association for Justice (“AAJ”) National Convention – Case management Strategies; San Francisco, California; July 20, 2013.
- Plaintiff Pharma Forum Seminar, Transvaginal Mesh – Where We've Been; Where We're Going, Los Angeles, California; March 15, 2013.
- Women En Mass –Founder/Host, Aspen, Colorado – March 4-5, 2013.
- AAJ Plaintiff-only Pharmaceuticals & Medical Device Litigation Update Seminar, Transvaginal Mesh, Orlando, Florida; January 30, 2013.
- Plaintiff Forum on Pharmaceutical Litigation – Transvaginal Mesh, Actos & Orthopedic Devices, TVM: Products, Medicine and More, Philadelphia, Pennsylvania; October 5, 2012.
- Rock Starts of Mass Torts, TVM: No Longer Suffering in Silence, Pensacola, Florida; September 21, 2012.
- Mass Tort Strategies: Pharmaceutical & Medical Device Litigation, Trump International, Chicago, Illinois; May 21, 2012.
- MDL Conference: Transvaginal Mesh and ACTOS Litigation, Claims & Defenses, Miami, Florida; January 25, 2012.
- Transvaginal Mesh Litigation Conference, TVM: Alleged Patient Injuries and Related Therapies/Treatments, Amelia Island, Florida; October 4, 2011.
- NJ Pelvic Mesh Workshop, Medical Device Law, Atlantic City, New Jersey; September 14, 2011.
- Avandia and Rosiglitazone Re-Examined, HB Litigation Conferences; April 21, 2010.
- Shoulder Pain Pump Litigation, HB Litigation Conferences; January 13, 2010.