Robert A. Odell

Odell won one of the largest single-plaintiff whistleblower retaliation suits in the U.S. in May with colleague Tamara S. Freeze for client Steven Babyak against a medical device maker that fired him. Jurors awarded $25 million — including $22.4 million in punitives — holding that Babyak was retaliated against following his reports to Cardiovascular Systems Inc.’s chief legal counsel of possible violations of law.

“Babyak was the sales manager for the company’s large West Coast region, a man highly sought after and recruited,” Odell said. “When he was fired, he came to us because earlier we had helped him negotiate a severance package with a previous employer. That was a very simple matter, but he appreciated our work and thought of us right away when Cardiovascular Systems fired him. You never know what these small jobs can turn into.”

Odell said his challenge before the Los Angeles jury was to deal with a large company and its powerhouse counsel from Gordon & Rees LLP. “We had to deal with multiple defense witnesses who painted my client black. They trashed him as an erratic man with anger problems. Their theme was that he got all upset, cursed and pounded the table when describing the violations he had seen.” The violations included off-label promotion, illegal kickbacks to doctors and ongoing violations of the Sarbanes Oxley Act. “His new supervisor told him to stop complaining.”

The incident of table pounding may have happened, Odell said, but it came three months before Babyak was terminated and was never written up by company officials. “I asked in court, ‘Why didn’t you document this or fire him then?’ They didn’t have an answer. And my client made a great witness. He remembered almost every email he sent about the problems he saw. Their defense really blew up in their face when the bad manager who fired him testified and played the part of the villain to a tee.” Babyak v. Cariovascular Systems Inc., BC601259 (L.A. Super. Ct., filed Nov. 16, 2015).

Odell said the outcome was deeply satisfying. “It was incredibly rewarding to try this case as a team with my mentor and colleague Tamara Freeze, whom I woe the deepest gratitude for helping me become the passionate and confident trial lawyer I am today,” he said. “I would not be where I am without her and I’m honored to share this success with her.”

— John Roemer