R. Brent Wisner

R. Brent Wisner, a preeminent figure in the field of mass tort litigation, particularly in class action and product liability cases, has ascended to the position of managing partner at Wisner Baum LLP.

Under Wisner’s direction, Wisner Baum has achieved groundbreaking success, most notably in Zantac cancer litigation and the Painters Actos matter. His strategic decision to file Zantac cases in state courts redefined the landscape of mass tort litigation, enabling settlements and providing a new avenue for redress for thousands of plaintiffs. The firm’s recent victories in obtaining a confidential settlement in the first Zantac case to proceed to trial and securing multiple subsequent settlements mark significant strides in compensating affected individuals.

“Here, in California state court, we overcame the scientific challenges that, in federal court, led to the wholesale dismissal of tens of thousands of cases,” Wisner said. “We were able to show why the federal judge got it wrong. And, as we proceeded to the eve of trial, we were able to obtain a confidential settlement for our client. Since then, we have settled four more cases.”

The Painters Actos case, led by Wisner, has set historical precedents in class action litigation against pharmaceutical companies. Achieving class certification under the civil RICO statute for the first time ever, this case challenges the unethical practices of drug manufacturers and aims to hold them accountable for concealing the harmful effects of their products.

“This case opens the door to holding drug companies accountable when they sell a drug they know is harmful,” Wisner said. “These achievements underscore the firm’s commitment to overcoming legal obstacles and setting new precedents in mass tort litigation.”

An important trend Wisner said he sees in mass torts is how cases now include very large numbers of plaintiffs, on a scale never before seen.

“The defense bar wants to argue that these larger number of cases are reflective of meritless lawsuits — but that is simply not true,” he said. “It is a function of more and more people being given access to justice that, previously, was not available. Technology is connecting injured people to lawyers in a way never before seen. And, while tort reformers see this as a bad thing, it really is a rebalancing of information and justice, which is long overdue. That said, courts and lawyers will have a more difficult time dealing with larger numbers of cases. But that is our job, and hopefully, we can use new AI technologies and platforms to help facilitate the collection of information and, when needed, large-scale resolutions. There is ample room for efficiencies with technology, which should help ensure injured people are given their due process, even when they are in a mass tort litigation.”