MOST RECENT MASS TORT LEADERSHIP EXPERIENCE
Walter was appointed to serve as co-lead counsel by the Honorable Indira Talwani in MDL No. 2768 – In Re Stryker LFIT V40 Femoral Head Products Liability Litigation. Attorney Kelley took a vanguard role in the developing Stryker LFIT V40 hip implant litigation. In this regard, his firm was among the first in the country to initiate lawsuits against Stryker alleging the company failed to adequately design and test their device to ensure it would not corrode, erode, deteriorate, fracture (disassociate) and induce severe metal ion poisoning in patients. In January 2017, Mr. Kelley petitioned the Judicial Panel on Multidistrict Litigation (JPML) to transfer all related actions to the District Court of Massachusetts before the Honorable Indira Talwani. On April 5th, 2017, the JPML issued a Transfer Order consolodating all the cases in Boston before Judge Talwani. In addition to leading the recently formed MDL, his firm is also aggressively litigating against Stryker in South Florida and Massachusetts state courts.
Walter leads a consortium of law firms in Massachusetts litigating individual products liability claims against Big Tobacco. The majority of their clients are victims of lung cancer after many years of a heavy smoking addiction. They became addicted with free sample packs of cigarettes they were given as children, some as young as 6 years old, during the late 1950’s, 1960’s and 1970’s in greater Boston. Such techniques included handing out free samples of cigarettes in densely populated neighborhoods such as the Boston housing projects and the surrounding area. It was common practice throughout Boston for the cigarette companies to offer free sample packs of cigarettes (4 to 10 in a pack) to very young children on street corners, in parks, in schoolyards, at T-stations and outside of neighborhood variety stores.
Mr. Kelley was appointed to serve on the Plaintiffs’ Executive Committee (PEC) by the Honorable Dennis F. Saylor, IV in MDL No. 2657 – In Re Zofran (Ondansetron) Products Liability Litigation. The MDL was consolidated before Judge Saylor in Boston – USDC, District of Massachusetts. His firm represents families across the country against GlaxoSmithKline (GSK) related to their blockbuster anti-nausea drug Zofran and congenital birth defects alleged to have been caused by their fraudulent misrepresentations to prescribing physicians about the safety profile of this drug for pregnant women.
Walter was appointed to serve as co-lead counsel by the Honorable Maynard Kirpilani in the In Re: Consolidated Fresenius Dialysis Products Liability Litigation (MICV-2013-05050-C). As co-lead counsel responsible for over 8,000 claimants, he worked collaboratively to oversee what turned out to be one of the most complex mass tort litigations in recent history. The work product ultimately produced in that litigation has been described by many prolific mass tort attorneys as one of the best overall trial packages they have ever received.