Kimberly O. Branscome

Branscome, the managing partner of Dechert’s Los Angeles office, is a member of the firm’s product liability and mass tort team.

Busy with landmark trials, she was able to answer a few questions by email.

Branscome wrote, “As a trial lawyer, I am excited to see the courtrooms open again! I have back-to-back trials scheduled through July and it is great to be in court.”

For Johnson & Johnson, she leads the Dechert team as trial counsel in product liability class actions relating to the company’s consumer talcum powder products. Johnson & Johnson Talcum Powder Litigation, 3:16-md-02738 (MDL filed July 15, 2016).

The team is preparing for a trial in Minnesota state court, where the plaintiff alleges use of the powder caused her to develop mesothelioma. Trial is scheduled for November. Spinks v. Johnson & Johnson, 62-CV-17526 (Ramsey Co. Dist. Ct., filed July 9, 2018).

The plaintiff, Sharon Spinks, contends that she was exposed to asbestos materials from a variety of sources connected to the defendant. In February, Barnscome’s team defeated the plaintiff’s motion to seek punitive damages.

In November 2019, Branscome led the trial team that won the nation’s first talc trial after Johnson & Johnson voluntarily recalled its product in response to FDA claims it found asbestos in Johnson’s Baby Powder.

Branscome wrote, “This year, I have been totally remote and have worked from home other than a few quick trips for depositions or hearings. My first time working in person for any extended period of time since March 2020 is the 3M trial in Pensacola, Florida.”

Branscome’s client is facing an MDL and associated state court actions relating to the design, manufacture and sale of combat arms earplugs developed for the U.S. military. Plaintiffs allege that 3M knowingly sold defective earplugs for use in military operations, with 200,000 veterans claiming hearing damage from the dual-ended devices. In Re: 3M Combat Arms Earplug Products Liability Litigation, 3:19-md-02885 (N.D. Fla., filed April 3, 2019).

“This is the first bellwether trial for 3M Combat Arms and is a consolidated case with three plaintiffs. I am co-lead counsel with a partner from Kirkland. This is a full, five-week jury trial—the only difference is that there are social distancing protocols in place and when the judge or the lawyers speak, they take off their masks. The jury wears their masks all day every day.”

Two additional trials are scheduled for May and June. On April 30, the Florida jury found for the plaintiffs, awarding $7.1 million to three veterans over 3M’s failure to warn about defects in the earplugs. In a statement, 3M said it had multiple grounds for appeal.

— John Roemer