Business Litigation, Whistleblower, Patent Infringement, False Claims, Civil RICO

Maxwell S. Kennerly, Esquire

1125 Walnut Street Philadelphia, Pennsylvania 19107 USA

 (215) 931-2634

www.litigationandtrial.com
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Max Kennerly is a Philadelphia attorney and lawyer at The Beasley Firm representing plaintiffs in civil litigation, including contingent fee business lawsuits, business fraud, whistleblower (such as False Claims Act, Dodd-Frank, and IRS tax fraud) claims, patent infringement, civil RICO (racketeering), and antitrust (such as monopoly, combination, and unfair practices).

The firm also has a long history of success in medical malpractice (such as surgical complications, delivery / birth complications, iatrogenic injury, and misdiagnosis, wrong diagnosis, and failure to diagnose), personal injury (such as brain injury and spine injury), and accident cases. The firm has recovered more than $1 billion for its clients.

Practice Areas

Additional Practice Areas: Liquor Liability / Dram Shop; Elder Neglect; Medical Device Recalls; Prescription Drug Recalls and Unexpected Side Effects; Investment, Bank, and Consumer Fraud; Contingent Fee Business Litigation; Patent Infringement.

Practice Areas Description

The Beasley Firm provides legal representation and services in the following areas of practice:

- Personal Injury

The Beasley Firm is one of the preeminent plaintiff’s litigation and trial law firms in the United States. Our trial lawyers have recovered more than $2 billion in compensation for injured children, patients, workers, passengers, crime victims, and businesses. We take difficult plaintiffs’ cases and see them all the way through investigation, filing, pleadings, discovery and trial, and through appeal and re-trial, too.

- Automobile Accidents

The Beasley Firm has a long history of helping the victims of auto accidents recover for their injuries, including in 2011 a $5.5 million settlement for a young man paralyzed in a rollover and in 2009 a $3.5 million settlement for a young women killed by a truck driver who exceeded the hours mandated by the Federal motor carrier safety regulations.

- Liquor Liability / Dram Shop

Alcohol-related accidents remain an epidemic across the United States, including Pennsylvania. In 2009, Mothers Against Drunk Driving (MADD) found that Pennsylvania ranked in the bottom half of all states based on the percentage of total traffic deaths related to driving under the influence (DUI). That year, there were 406 DUI fatalities in the Commonwealth, approximately 32% of all traffic deaths. Alcohol is also at the root of other substantial injuries from falls, burns, and drownings.

- Medical Malpractice

For fifty years, The Beasley Firm has set the standard for representing patients in medical malpractice cases, including obtaining the two highest compensatory damage awards in Pennsylvania, $100 million for a baby girl paralyzed at birth due to delivery mismanagement and $55 million for a boy brain damaged by vascular surgery.

- Birth Malpractice / Infant Brain Damage

The Beasley Firm has an unparalleled record advocating on behalf of newborn and infant children injured by medical malpractice. Some of our verdicts and settlements include:

• $100 million: The largest medical malpractice verdict in Pennsylvania history, involving a heart surgeon who negligently performed heart surgery on a newborn.
• $55 million: The second largest medical malpractice verdict in Pennsylvania history. After a boy was born with coarctation of the aorta, a cardiothoracic heart surgeon performed an unauthorized surgical procedure instead of the normal procedure, leading to a post-operative seizure that caused severe brain damage and left the child in need of lifelong care.
• $37 million: Verdict after six-week trial. The suit involved obstetrical negligence in a mother was caused to deliver her baby prematurely and then another doctor put the breathing tube into the baby’s esophagus instead of the lungs.

- Nursing Home Abuse and Elder Neglect

Abuse and neglect in long-term care facilities are often related to understaffing and poorly paid, minimally qualified, and inadequately trained employees. When nursing homes, assisted living residences, and personal care homes neglect and abuse elderly and disabled residents, the injured party may have a lawsuit against the facility and its staff.

- Medical Device Recalls

• Depuy Hip Replacement Recall
For more than fifty years, The Beasley Firm has fought for the rights of patients and consumers, recovering over $2 billion for our clients through settlements and jury verdicts. Our DePuy recall lawyers are currently filing DePuy lawsuits on behalf of hip implant patients who developed complications and were told by their doctors to have a revision or replacement surgery.

• Vaginal Mesh Implant Erosion
For more than fifty years, The Beasley Firm has fought for the rights of patients and consumers, recovering over $2 billion for our clients through settlements and jury verdicts. We are currently filing transvaginal mesh lawsuits on behalf of injured patients.

- Prescription Drug Recalls and Unexpected Side Effects

• Accutane Bowel Injury
The acne medication Accutane (isotretinoin, a form of Vitamin A) has been shown to cause inflammatory bowel disease (IBD), including ulcerative colitis and Crohn’s disease. Accutane was voluntarily withdrawn from sales in 2009 by its manufacturer, Roche Holdings, but the same drug continues to be sold as a generic form under the names Claravis, Sotret, and Amnesteem.

• Actos Bladder Cancer
For more than fifty years, The Beasley Firm has fought for the rights of patients and consumers, recovering over $2 billion for our clients through settlements and jury verdicts. Our dangerous drug lawyers are currently filing Actos lawsuits on behalf of patients who developed bladder cancer after taking Actos for a year or more.

• Depakote Spina Bifida
The anticonvulsant drug Depakote (valproic acid) has been linked to a number of serious birth defects, including spina bifida, fetal trauma, fetal death, and malformations of the mouth, heart, hand, ribs and urethra. The United States Department of Justice is currently investigating the maker of Depakote, Abbott Pharmaceuticals, for illegally marketing Depakote for unapproved purposes. Many parents of children injured by the mother’s use of Depakote while pregnant have filed lawsuits alleging Abbott Pharmaceutical did not properly test the drug and failed to warn doctors and patients of the true dangers of taking the medication, particularly when they could become pregnant.

• Fosamax Bone Injury
The popular osteoporosis drug Fosamax (Alendronate) has been shown by medical studies to increase the risk of leg bone fractures (particularly in the femur), osteonecrosis bone decay in the jaw, and esophageal cancer. More than 1,000 Fosamax patients have filed lawsuits against Merck, the drug’s manufacturer, alleging the company negligently tested the drug and failed to warn patients of the real risks of taking Fosamax, particularly if taken for more than five years.

- Investment, Bank, and Consumer Fraud

For over fifty years, The Beasley Firm has stood up for the legal rights of injured individuals, including by seeking justice for consumers hurt by companies’ deceptive or fraudulent practices.

Bait-and-switch schemes continue, with document forgery made easier than ever by rapid advances in the capabilities of personal computers, but fraud in the 21st century has moved far beyond promising more than a person actually delivers. Nationwide banks program their depositor systems to re-order transactions to force customers into overcharges. Major insurance companies have policies and procedures intentionally designed to thwart, through stalling tactics and wrongful denials, insured policyholders from recovering their rightful proceeds of critical policies like disability insurance and cancer insurance.

- Contingent Fee Business Litigation

Contingent fee business lawyers are a rare bird. Many firms claim they do contingent fee work, but they usually do so only in limited circumstances like patent infringement. At The Beasley Firm, we view contingent fee work like venture capitalism, and believe there are opportunities out there for firms and businesses to come to an appropriate arrangement in which the firm and the business share the risk and reward of litigation.

- Patent Infringement

If you are an inventor who holds patent or a business that has been assigned a patent, and you believe that patent is being infringed upon or your royalties are not being paid, please use the contact form in our website for a free, confidential consultation about your case.

Attorneys

Mr. Maxwell S. Kennerly Attorney Business Litigation, Civil Rights, Insurance, Litigation, Personal Injury

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