Nicholas J. Drakulich is the Founder of THE DRAKULICH FIRM, A Professional Law Corporation, with offices in California and Nevada. Mr. Drakulich has been uniquely honored to have been appointed by several Federal Courts across the nation to serve as a member of Plaintiffs’ Executive Committee or Plaintiffs’ Steering Committee in nationally prominent Multi-District Litigations (MDL’s) against the world’s largest pharmaceutical and medical device corporations, recovering several billions of dollars on behalf of injured consumers. Mr. Drakulich was also selected to be the lead trial counsel in several of these cases.
Mr. Drakulich has earned a reputation as being a specialist in this field. Following a jury verdict against “the world’s largest medical technology company” , the trial counsel for this giant corporation, opined that Mr. Drakulich is an “exceptionally able, senior, seasoned litigator who was extremely well prepared and clearly spent considerable time and effort to ensure the best possible representation of his client.”
Mr. Drakulich has also been honored to be selected as a Super Lawyer, a member of the National Trial Lawyers, The Million Dollar Advocates Forum, The Multi-Million Dollar Advocates Forum and the Bar Register of Preeminent Lawyers. For many years, Mr. Drakulich has been consistently rated (“AV”) by Martindale Hubbell, America’s preeminent peer-reviewed lawyer rating service. He has been an invited speaker at several dozen legal seminars across the United States, including those sponsored by the AAJ, HarrisMartin, Mealey’s and numerous State Bar Associations.
Mr. Drakulich focuses his practice in catastrophic personal injury, products liability, and mass torts. He has enjoyed a diverse and rewarding trial practice for more than thirty-five years having recovered several hundreds of millions of dollars on behalf of his injured clients. Mr. Drakulich is proud to be a trial lawyer and humbled to champion his clients’ quest for justice.
Verdicts & Settlements
Mr. Drakulich is proud to have been one of the core members on the trial team together with Mark Lanier, Richard Arsenault, Paul Pennock, and Neil Overholtz in the Actos MDL that secured a historic verdict of over $9 Billion Dollars, which was reported to be the seventh largest punitive damages verdict in U.S. history. As one of the key team members of the Actos MDL, Mr. Drakulich worked exceptionally hard on the case from its inception to its successful conclusion, directly contributing to the ultimate $2.4 Billion Dollar settlement.
In addition to his MDL work, Mr. Drakulich also successfully represented along with co-counsel nearly two thousand individuals against the manufacturers of spinal implants that were alleged to have caused serious injuries. These cases ultimately resulted in a confidential settlement following several years of protracted and intensive litigation.
Awards and Distinctions
For over 20 years, Mr. Drakulich has been consistently rated (“AV”) by Martindale Hubbell, America’s preeminent peer-reviewed lawyer rating service. This is the highest possible rating, indicating preeminent legal ability and the utmost ethical standards. Mr. Drakulich has also been selected as a member of the National Trial Lawyers. The National Trial Lawyers is “a national organization composed of the top 100 trial lawyers from each state. ” Membership is obtained through special invitation and is “extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers. ” In addition, Mr. Drakulich has been selected as a member of The Million Dollar Advocates Forum, The Multi-Million Dollar Advocates Forum, the Bar Register of Preeminent Lawyers, and Super Lawyers.
Community Activities
Mr. Drakulich has also been appointed by Federal Courts to serve as a member of the Common Benefit Attorney’s Fee & Costs Committees in MDL’s on more than one occasion. Mr. Drakulich was also especially pleased, as a member of a Common Benefit Attorney’s Fee & Costs Committee, to play a pivotal role in helping to secure a $1 million dollar donation to the Minneapolis Heart Institute Foundation from the settlement fund towards their device data base designed to track the performance of life-sustaining heart devices.
National Litigation Practice
Mr. Drakulich has been uniquely honored to have been appointed by several Federal Courts across the nation to serve on a small member team as a member of Plaintiffs’ Executive Committee or Plaintiffs’ Steering Committee in nationally prominent Multi-District Litigations (MDL’s). These MDLs involve the claims of several thousands of plaintiffs from across the country who alleged were seriously injured and/or died as a result of unreasonably dangerous and defective pharmaceutical drugs or medical devices. Mr. Drakulich is proud to have been part of a talented team of attorneys who have successfully recovered over three billion dollars ($3,000,000,000.00) on behalf of these injured consumers. Mr. Drakulich was selected as the Leader of the trial teams in several of these MDLs. Each of these Federal Court appointments followed a competitive application process amongst numerous nationally recognized attorneys from across the United States.
Mr. Drakulich prosecutes select cases in other jurisdictions in association with local counsel and serves as a consultant to foreign counsel in the prosecution of class action cases in Canada.
Federal Court National Appointments
In Re: Incretin Mimetics Product Liability Litigation MDL No. 2452, (United States District Court,
Southern District of California); appointed by U.S. District Judge Anthony P. Battaglia to the
Plaintiffs’ Executive Committee.
In Re: Actos (Pioglitazone) Products Liability Litigation, MDL No. 11- 2299 (United States District
Court, Western District of Louisiana); appointed by U.S. District Judge Rebecca F. Doherty to
the Plaintiffs’ Steering Committee.
In Re: Medtronic, Inc. Implantable Defibrillators Product liability litigation, MDL No. 05-1726
(United States District Court, District of Minnesota); appointed by U.S. District Judge James M.
Rosenbaum to the Plaintiffs’ Steering Committee.
In Re: Guidant Corp. Implantable Defibrillators Product liability litigation, MDL No. 05-1708
(United States District Court, District of Minnesota); appointed by U.S. District Judge Donovan
W. Frank to the Plaintiffs’ Steering Committee.
In Re: Medtronic, Inc., Sprint Fidelis Leads Product Liability Litigation, MDL No. 08-1905 (United
States District Court, District of Minnesota); appointed by U.S. District Judge Richard H. Kyle to
the Plaintiffs’ Steering Committee.
Recent Scholarly Lectures
Invited Speaker at the MDL Judicial Summit, in connection with Baylor University, presenting on a panel regarding the Selection of Plaintiff and Defense Steering Committees – Aspen, CO, 2023
Invited Speaker at the 5th Annual Western Alliance Bank Class Action Law Forum in
Collaboration with the University of San Diego School of Law on a panel re: Assessing the
Viability off a Mass Tort Litigation as well as on a panel re: Creating the Litigation Team – SanDiego, CA, 2023
Invited Speaker at HarrisMartin’s MDL Conference: Managing Mass Torts, Key Litigation
Updates and Lessons Learned, presenting on a panel re: Game Changing Rules, including
Daubert, Personal Jurisdiction, Preemption, Lone Pine Orders, and Proposed Amendments to
the Federal Rules Providing Interlocutory Appeals from MDL Judge’s Orders – Tucson, AZ,2023
Invited Speaker at HarrisMartin’s MDL Conference: The Current Mass Tort Landscape,
presenting on a panel re: Game Changing Rules, including Jurisdiction, Preemption, Lone Pine
Orders, and Proposed Amendments to the Federal Rules – St. Louis, MO, 2022
Invited Speaker at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation,
Current Activity and Developing Trends, (postponed due to Covid-19), San Francisco, CA, 2020
Invited Speaker at 19th Annual Class Action/Complex Litigation Symposium re: the topic of
Game Changing Rulings – New Orleans, LA, 2019
Invited Speaker at HarrisMartin’s MDL Conference: HIV Drugs, Valsartan, 3M Earplugs and
Litigating in a Post-Fosamax World on a panel with the Hon. David R. Herndon (Ret.) re: the
topic of “Mass Tort ‘Death Penalty’ Issue – Preemption in a Post-Fosamax World”
– Portland, OR, 2019
Invited Speaker at HarrisMartin’s MDL Conference: The Significance of Proposed Rule Changes
in MDL Procedures & Valsartan re: the topic of Preemption Landscape – Waiting on Fosamax
with the Hon. David R. Herndon – Miami, FL, 2019
Invited Speaker at HarrisMartin’s MDL Conference: Critical Developments in Mass Torts, MDLs,
and Game-Changing Jurisprudence re: the topic of Mass Tort “Death Penalty” Issues – Key
Recent Developments, including Jurisdiction, Preemption, and Daubert – New Orleans, LA, 2019
Invited Speaker at HarrisMartin’s MDL Conference: An Analysis of Today’s Mass Tort
Landscape re: the topic of High Stakes Issues: 2018 in Review, including Jurisdiction:
Personal/Subject Matter, Preemption: Express/Implied, and Daubert: Keys to a Successful
Challenge – Washington D.C., 2019
Invited Speaker at HarrisMartin’s MDL Conference: Current Mass Torts from E-Discovery
Through Exit Strategies – Navigating “Game-Changing” Dynamics re: the topic of Key Mass Tort
Procedural Issues, including Recent FRCP Amendments, and Witnesses Appearing via Satellite
Transmission – New York, NY, 2018
Invited Speaker at 18th Annual Class Action/Complex Litigation Symposium re: the topic of
Plaintiffs’ Steering Committees: Views from the Bench and Trench on a panel with Mark Lanier,
Mark Robinson, Kathryn Snapka, and Paul Pennock – New Orleans, LA, 2018
Invited Speaker and Moderator at HarrisMartin’s MDL Conference: The Mass Tort Litigation
Landscape – A Critical Analysis, re: the topic of Navigating Game Changing Dynamics,
including Jurisdictional Landscape Following BMS and Recent Preemption Rulings – Napa, CA, 2018
Invited Speaker at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation re:
the topic of Game-Changing Complex Litigation Developments, including Post BMS
Jurisdictional Landscape, Multi-Plaintiff Trials, Preemption, Deposing CEOs, Spoliation, and
Testimony via Satellite at Trial – Chicago, IL, 2018
Invited Speaker at HarrisMartin’s MDL Conference: Opioid, Equifax & Talcum Powder re: the
topic of Jurisdictional Landscape Post-SCOTUS Bristol-Myers Decision – St. Louis, MO, 2017
Invited Speaker at 17th Annual Class Action/Complex Litigation Symposium re: the topic of
Preemption – New Orleans, LA, 2017
Invited Speaker and Moderator at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort
Litigation re: the topic of Medtronic Infuse Litigation – Chicago, IL, 2016
Invited Speaker at 16th Annual Class Action/Complex Litigation Symposium re: the topic of
Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2016
Invited Speaker at HarrisMartin’s MDL Conference: Zofran, Bard IVC and Zimmer Persona
Knee Litigation re: the topic of Medtronic Infuse Litigation Update – San Francisco, CA, 2015
Invited Speaker at HarrisMartin’s MDL Conference: Xarelto, Morcellators and Emerging Torts re:
the topic of INFUSE Bone Graft – San Diego, CA, 2015
Invited Speaker at HarrisMartin’s MDL Conference: Morcellator, Fluoroquinolone (FLQ) and
Invokana Litigation re: the topic of INFUSE – New York, NY, 2015
Invited Speaker at 15th Annual Class Action/Complex Litigation Symposium re: the topic of
Spoliation Game Changer in MDLs? – New Orleans, LA, 2015
Invited Speaker at the Kentucky Justice Association Annual Convention and Seminar re: the
topic of Using E-Discovery to Expose Abhorrent Behavior – Cincinnati, OH, 2014
Invited Speaker at HarrisMartin’s CLE Summit on Major Developments in Drug & Medical
Device Litigation. On panel with fellow core members of the trial team from $9 Billion Dollar
Verdict in the Actos MDL, entitled,
“ACTOS – Trial Update, Litigation Landscape, and
Settlement News”
– New Orleans, LA, 2014
Invited Speaker at 14th Annual Class Action/Complex Litigation Symposium re: the topic of
Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2014
Invited Speaker at the 2014 MDL Conference re: the topic of predictive Coding, ESI and
Preservation Obligations, 2014
Invited Speaker at the 13th Annual Class Action/Complex Litigation Symposium re: the topic of
Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2013
Invited Speaker at HarrisMartin’s Complex Litigation Conference, on a panel with Judge
Kenneth Starr and Professor Francis McGovern re: the topic of The Latest Preemption Battle –
Chicago, IL, 2013
Invited Speaker at HarrisMartin’s MDL Conference: Transvaginal Mesh and Actos Litigation,
providing a solo presentation on the topic of Preemption of Devices & Drugs: The Good, The
Bad, & The Ugly – Miami, FL, 2012
Invited Speaker at HarrisMartin’s Symposium: All Things Mass Tort re: the topic of Bard IVC
Filter, 2012
Invited Speaker at HarrisMartin’s MDL Conference: Fungal Meningitis, Stryker Hip, Mirena IUD
and More re: the topic of Bard IVC Filter – Dallas, TX, 2012
Invited Speaker at HarrisMartin’s MDL Conference: Pradaxa, Zoloft, Actos, Yaz and Everything
MDL re: the topic of The Cutting Edge of ESI Protocols – Predictive Coding & Concept
Searching – Cleveland, OH, 2012
Invited Speaker at HarrisMartin’s MDL Conference: Hot Topics in the MDL and Class Action
Litigation re: the topic of Who is Paying Your Doctor? – The Learned Intermediary Doctrine –
San Diego, CA, 2012
Invited Speaker at the 12th Annual Class Action/Mass Tort Symposium re: the topic of
Professionalism in the Complex Litigation Landscape: Perspectives from the Bench and Bar –
New Orleans, LA, 2012
Invited Speaker at HarrisMartin MDL Conference: Transvaginal Mesh and Actos re: the topic of
Actos Litigation Status, Claims and Defenses, Savannah, GA, 2011
Invited Speaker at HarrisMartin’s Darvon and Hip Implant Litigation Conference: New
Developments in These Emerging Mass Torts re: the topic of Past Claims and Pending
Litigation, including Porter v. Zanodyne Pharmaceuticals, Inc., Differences/Similarities to Other
Pharmaceutical Torts, and Rulings on the Liability of Generic Drug Manufacturers in Pliva v.
Mensing and Conte v. Wyeth, together with Mark E. Burton, Jr. and Mark P. Robinson, Jr.
– San Diego, CA, 2011
Invited Speaker at HarrisMartin’s MDL Conference: Zimmer NexGen Knee and DePuy Hip
Implant Litigation re: the topic of Preemption/Mensing – San Francisco, CA, 2011
Invited Speaker at HarrisMartin’s Darvon and Darvocet Recall Litigation Conference re: the topic
of Past Claims and Pending Litigation including Porter v. Xanodyne Pharmacueticals, Inc.,
Differences/similarities to Other Pharceutical Torts, and Rulings on the Liability of Generic Drug
Manufacturers – New Orleans, LA, 2011
Invited Speaker at Scientific Evidence: Daubert, DNA & More Conference re: the topic of
Daubert’s Application in Pharmaceutical and Medical Device Litigation, 2010
Invited Speaker at HarrisMartin’s Toyota Recall Litigation Conference Part II: Toyota Recall –
Costa Mesa, CA, 2010
Invited Speaker at the 10th Annual Class Action/Mass Tort Symposium re: the topic of
Preemption Presentation – New Orleans, LA, 2010
Invited Speaker at the 9th Annual Class Action/Mass Tort Symposium re: the topic of
Preemption: What Survives, Where are We Headed, and What’s the Difference? – New
Orleans, LA, 2009
Invited Speaker at the 8th Annual Class Action/Mass Tort Symposium re: the topic of
Preemption: What Survives and Where are We Headed? A Timely Jurisprudential and
Legislative Update – New Orleans, LA, 2008
Invited Speaker at Mealey’s Drug and Medical Device Litigation Conference re: the topic of
Heart Device Litigation – Guidant/Medtronic & St. Jude Heart Devices – San Diego, CA, 2007
