Susan L. Gutierrez

Susan L. Gutierrez doesn't have a science background. But she's still a science teacher of a sort.

That's because "the bulk" of her recent trial work involves one topic: the many lawsuits against Johnson & Johnson by plaintiffs who claimed the company's talcum powder caused their ovarian and uterine cancers. Gutierrez, a partner with Proskauer Rose LLP in Los Angeles, was on the team that in 2017 won the first major defense in talc case. This came in part due to their cross examination of the plaintiff's expert witnesses, and through its ability to leverage scientific data from the Centers for Disease Control and other government agencies over the actual cancer risks of the product. Swann v. Johnson & Johnson (E.D. Missouri, Filed Sept. 10, 2014).

"These are very large studies, comprehensive, and they follow women throughout their lives," she said. "There is no association."

She was also involved in the recent reversal of a $417 million talc verdict on appeal, Echeverria v. Johnson & Johnson, 2019 DJDAR 6482 (Cal. App. 2nd, filed Dec. 18, 2017).

Gutierrez said the work comes down to "Explaining, distilling and simplifying" the science for a jury. Despite being just 34, she now mentors other attorneys in the firm on using scientific arguments in the courtroom.

She also serves a number of other roles with the firm, including Proskauer's Hispanic/Latino Lawyer and LGBT Affinity Groups, as well as the firm's steering committee. She serves on the Board of Trustees of the Mexican-American Bar Foundation and has won a Rising Star Award from Euromoney Legal Media Group.

She found her love for courtroom work while defending another high profile client: the National Basketball Association. Former NBA great Elgin Baylor had sued the Los Angeles Clippers and the league for age and employment discrimination over his time as a general manager with the team. She was part of a team that got the league dismissed from the case. Baylor v. National Basketball Association et al, BC407604 (L.A. Super. Ct., filed Feb. 11, 2009).

"It really gave me the taste for what it was like to be a courtroom lawyer," she said. "I really fell in love with getting on my feet, speaking to the court and speaking to juries."

She added, "I don't consider myself having a subject matter specialty. If I have a specialty at all it's simply trial work."

-- Malcolm Maclachlan