Representative Lead Class Counsel Experience:

Mr. Lyon has served as co-lead counsel, on Executive and Steering Committees, and as plaintiffs’ counsel in over one hundred (100) class actions involving consumer protection and data privacy matters. Some recent results include:

• Hawkins v. Navy Federal Credit Union, Case No: 1:19-cv-01186 (E.D. of VA): Appointed co-lead class counsel in TCPA class action.  Final approval granted for nationwide class and non-reversionary common fund settlement of $9,250,000 providing monetary compensation for class of over 66,000.
• Sherwood v Horizon Actuarial, Case No., 1-22-cv-01495 (N.D. Ga.); Member of Plaintiffs’ Counsel in data breach class action impacting over 4 million individuals and participated in all aspects of the pleading drafting and motion practice; Final Approval granted for $8,733,446.36 non-reversionary common fund.
• Allen et al. v. Novant Health, Inc., 1:22-cv-00697, M.D. of N.C. : Member of Plaintiffs’ and Settlement Counsel obtaining $6.66 million common fund settlement arising from tracking technologies on hospital web properties; final approval
• Owens v. US Radiology Specialist, Inc., Case No. 22 CVS 17797 (Mecklenberg County, N.C): Settlement Class Counsel; Final Approval for $5.05 million non-reversionary common fund for 1.3 million.
• Migliaccio v. Parker Hannifin Corp., Case No. 1:22-cv-00835 (N.D. Ohio): Appointed co-lead class counsel by Judge Polster in data breach class action against multi-national manufacturer impacting 115,843 current and former employees; Final Approval granted for a $1.75 million non-reversionary common fund.
• Tucker v. Marietta Area Health Care, Inc., No. 2:22-cv-00184 (S.D. Ohio): Appointed co-lead in consolidated data breach class action involving ransomware attack on Ohio hospital that compromised the PII and PHI of 216,478 patients; Final Approval granted for a $1.75 million non-reversionary common fund.
• K.B.(Minor) v. East Tennessee Children’s Hospital Association, Inc., Case No. C2LA0081 (Anderson County, Tenn.): Appointed Settlement Co-Class Counsel; Final Approval for $1.55 million non-reversionary settlement fund for patients whose personal and medical information was compromised in a data breach; minor class members will receive 10 year of identity theft defense
• Hasell v. Spear Wilderman P.C., NO. 230401942. (C.P., Philadelphia, P.A.): Appointed co-lead class counsel in data breach action against law firm alleging negligent data security practices impacting 86,287 individuals; Final approval for $800,000 non-reversionary fund.
• Forslund v RR Donnelly, Case No: 1:22-cv-04260 (N.D. Ill.): Appointed co lead class counsel in healthcare data breach impacting over 80,000 consumers; Final Approval of non-reversionary common fund of is pending that would provide $970,000 non-reversionary common fund.
• Pederson v. AAA Collections, Inc., Case No. 4;22-cv-04166 (Dist. of N.D): Appointed co-Lead Counsel; Final Approval granted for non-reversionary common fund of $865 thousand for nationwide class of 66,732 individuals.
• Miranda v. Xavier University, No. 1:20-cv-00539 (S.D. Ohio): Appointed as interim co-lead class counsel for nursing students in a class action arising from the breach of contract to provide clinical education and experience through the coursework; Final Approval granted for a $700 thousand non-reversionary common fund for tuition reimbursement resulting in one of the largest per claimant recoveries on covid tuition claims in the country. 
• In Re Southern Ohio Health System Data Breach, Case No: A2101886(Hamilton County, OH): Appointed as co-lead counsel in consolidated data breach class action impacting two Ohio hospital systems; Final Approval granted for nationwide common fund settlement of $1,950,000.00 that provides monetary compensation to 420,433 class members
• Engle v. Talbert House, No. A 2103650 (Hamilton County, OH): Appointed as co-lead class counsel in a data breach class action impacting over 300,000 medical patients; Final approval granted for nationwide claims made settlement providing monetary benefits and additional identity theft protection with claimed value at $1,171,000 and offered class value of $49,840,000.
• Devine et al, v. Health Aide of Ohio, Case No: CV-21-948117 (Cuyahoga County, OH): Appointed as co-lead class counsel in consolidated data breach class action involving 141,149 medical patients; Final approval granted for a claims made nationwide settlement providing monetary benefits and additional identity theft protection offered to class at a value in excess of $12,500,000.
• Wade v. U.S. Bank National Association, Case No: A1501522 (Hamilton County, Ohio): Appointed co-lead class counsel in state mortgage satisfaction class action; Final approval of an Ohio class and common fund settlement of $1,750,000.00 providing monetary compensation to a class of over 45,000.00 mortgage holders. 

Past Executive & Steering Committee Experience:

Mr. Lyon has worked alongside many of the leading Plaintiff Firms on MDL leadership committees to develop common benefit evidence on general liability and general causation. Several of these MDL  Committees helped develop evidence and work product in the following notable litigations that ultimately provided billions of dollars in compensation:

• MDL2327 In Re: Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation: Performed document review and coding on custodial files on product design, labelling, opinion leaders, adverse events, and regulatory approval; Assisted in preparation for corporate 30(b)(6) depositions, opinion leader depositions, and bellwether trials.
• MDL 1748 In Re: Testosterone Replacement Therapy Products Liability Litigation: Assisted in the formation of the litigation and the consolidation of over 4,000 cases before Judge Kennelly in the Northern District of Illinois. Performed document review and coding on regulatory and custodial files related to deceptive and off label marketing claims and adverse events; Developed consulting relationship with leading experts and created medical literature summaries; Organized deposition summaries for bellwether trials.
• In RE: Actos (Pioglitazone) Products Liability Litigation. Wisniewski v. Takeda Pharmaceuticals et al. (Case No. 120702272) Co-Counsel for bellwether trial in Philadelphia County.  Jury awarded $2,340,000.00 in compensatory damages.
• MDL 1598 In Re: Ephedra Products Liability Litigation: Coordinated GNC document review, assisted in deposition preparation for 30(b)(6) depositions, and participated in bellwether trial support

Representative Past Multi District Litigation (Case Specific Work): 

The Firm also has a long history of successful MDL work having developed supportive evidence on numerous specific causation issues to support claims within the MDL case structure.  The Firm has represented over a thousand individual clients in numerous consolidated actions and helped them recover thought the MDL process, including:

Representative Current Multi District Litigation (Case Specific Work):

• Exactech Products Liability Litigation
• Johnson & Johnson Talcum Powder
• 3M Product Liability Litigation
• Paraquat Product Liability Litigation
• Paraguard IUD Product Liability Litigation
• Pam Cooking Spray Consolidated Actions (Cook County, IL)

Representative Past Multi District Litigation (Case Specific Work):

• Roundup Products Liability Litigation
• Stryker Rejuvenate and ABG II Hip Implant Litigation
• Stryker LFIT V-40 Femoral Head Product Liability Litigation
• Biomet M2A Magnum Hip Implant Products Liability Litigation
• Abilify (Aripiprazole) Products Liability Litigation
• Depuy Orthopaedics, Inc. Pinnacle Hip Implant Litigation
• Testosterone Replacement Therapy Products Liability Litigation.
• Essure Product Cases
• Syngenta AG MIR 162 Corn Litigation
• Yaz/ Yasmin/ Ocella Litigation (Philadelphia Consolidated Actions)
• ASR Hip Implant Products Liability Litigation
• Avandia Marketing, Sales Practices and Products Liability Litigation
• Ephedra Products Liability Litigation
• Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation
• Seroquel Products Liability Litigation
• Trasylol Products Liability Litigation
• Bausch & Lomb Inc. Contact Lens Solution Products Liability Litigation
• Vioxx Marketing, Sales Practices and Products Liability Litigation
• Ethicon, Inc. Pelvic Repair Systems Products Liability Litigation
• AMS, Inc., Pelvic Repair System Products Liability Litigation
• R. Bard, Inc., Pelvic Repair System Products Liability Litigation
• Coloplast Corp. Pelvic Support Systems Products Liability Litigation
• Boston Scientific Corp. Pelvic Repair Systems Products Liability Litigation
• Actos (Pioglitazone) products Liability Litigation
• Kugel Mesh Hernia Patch Products Liability Litigation
• Guidant Implantable Defibrillators Product Liability Litigation
• Medtronic Sprint Fidelis Leads Product Liability Litigation
• Mirena IUS- Products Liability Litigation
• Plavix Products Liability Litigation
• Smith and Nephew BHR Implant Products Liability Litigation
• Human Tissue Products Liability Litigation
• Depo Provera: New Jersey Consolidated State Litigation

Representative Single Event Settlements

Joe Lyon has also dedicated much of his career to representing individual plaintiffs in catastrophic single event litigation. This rewarding work has provided families with answers to difficult questions of liability and has resulted in numerous life changing settlements that have assisted with long term medical needs and compensation for significant financial and personal loss.  These actions included:

• Estate of Michael Bauer, et al. v . The General Electric Company, (2022) S.D. of Ohio, 1:17-CV-860. Lead counsel in complex toxic tort action involving the deaths of three employees of The General Electric Company who were working together at a aviation testing facility. All three men worked side by side in the same room for many years and all suffered diagnosis and death as a result of glioblastomas.  Plaintiffs alleged a connection between the tumors and radiation exposure at the worksite. After several years of highly contested litigation involving significant environmental testing and development of expert testimony, the case was settled confidentially and provide recourse and closure to the surviving family members. GE maintains there is no connection.
• Estate of Steve Thomas v. AK Steel Corporation, et al. (2019) Philadelphia County, Pennsylvania, Case No. 191003592. Co- Counsel for surviving spouse in asbestos exposure and mesothelioma matter arising from working in the steel mill industry. Settlement obtained in excess of $2.7 million. 
• Estate of William P. Bush v. AK Steel Corporation, et al. (2016) Madison County, Illinois, Case No: 2016L 000521. Co-Counsel for family in asbestos exposure and mesothelioma matter arising from exposure as a steel mill worker.  Settlement in excess of $2.3 million. 
• Estate of Gabrielle Walker v. The Toledo Hospital (2021) Lucas County, Ohio, Case No: G-4801. Lead counsel in medical malpractice/ wrongful death case involving allegations of negligent discharge of a suspected child abuse patient. The discharge resulted in returning the child to the suspected home environment where she sustained terminal injuries that evening. The four years of litigation entailed lead counsel taking over twenty depositions, preparing and disclosing four liability experts, filing several motions to compel discovery (ESI and 30B5 Witnesses) that the Court granted, and obtaining the Court’s denial of two motions for summary judgment.  The parties entered a confidential settlement two months before trial after months of negotiation.
• Murphy v. University Hospital (2019) Hamilton County, Ohio A-18-03027. Lead Counsel in medical malpractice case involving the alleged misdiagnosis of cancer and unnecessary operation to remove 17 lymph nodes. The patient was cancer free and the unnecessary surgery left her with permanent lymphedema. Confidential Settlement following disclosure of exert reports on liability, causation and life care plan.
• Gray v. Graham KTM Sport Motorbikes (2018) N. Dist. of Mississippi Case No: 3:17-cv-092. Lead counsel in automotive product liability matter involving a recalled accelerator of a motor-cross bike. The recall was noticed due to the accelerator sticking and resulting in unintended acceleration. Plaintiff experienced this event losing control, whereby the bike fell onto him as he attempted to jump from the out-of-control bike. His arm was trapped in the rear wheel resulting in catastrophic amputation. Confidential settlement following limited discovery and disclosure of life care plan. 
• Harrell et al. v. WWS Associates (2018) Hamilton County, Ohio, Case No: A1600701. Lead counsel in lead exposure case involving the secondary exposure of two minor children to industrial lead dust. It was alleged the children were poisoned when their father returned home from a recycling job that did not provide adequate protective clothing or require showers before returning home. The children suffered neurological injuries related to elevated lead levels. Confidential settlement following factual discovery and disclosure of expert reports on causation and damages.
• Lemon v. FMK Firearms, Inc. et al. (2016) E. Dist. of KY Case No: 2:15-cv-00128. Lead Counsel in complex product liability case involving a defective handgun that was subject to a recall due to drop-fire risks. Plaintiff suffered severe injuries including compartment syndrome when gun was accidently dropped and fired.  Confidential settlement following initial factual discovery.
• Waters v. F&P America MFG, Inc. (2016) Miami County, Ohio Case No: 15-103. Lead Counsel. Workplace intentional tort claim involving a corporate policy to circumvent a perimeter cage designed to protect workers from hydraulic equipment malfunction. Plaintiff suffered catastrophic amputation of multiple fingers when a machine misfired. Confidential settlement following corporate depositions and while motion for summary judgment on employer intentional tort and workers compensation immunity issues was pending.
• Estate of Ralph Jamison v. Continental Appliances, Inc. (2013) Adams County, Ohio Case No. CVB 20120499. Lead Counsel in complex Product Liability case involving a defective propane wall heater that resulted in severe burn injuries and wrongful death. Confidential Settlement following motion to compel documents was granted and 30(b)(5) deposition.
• Estate of Joseph Ponsi v. RCD Sales, Inc. (2012) Ashland County, Ohio Case No. 12-CVI-017). Lead Counsel in dealership negligence involving the sale of a recreational towing vehicle that exceeded towing capacity of tow vehicle resulting in rollover and wrongful death. Confidential settlement following multiple depositions on liability and disclosure of expert reports. 
• Armesia Thomas v. General Motors et al. (2011) E. Dist. of KY Case No. 08-228-ART. Lead Counsel in complex Product Liability action involving claims of defective seat belt design resulting in catastrophic spinal cord injury to a 19 year old female. Confidential settlement with General Motors and Takata Defendants following full factual discovery and disclosure of expert reports and life care plan.
• Michael Urchak v. Donnell Ford Lincoln Mercury of Salem, Inc. (2010) Mahoning County, Ohio Case No 08-CV-3700). Lead Counsel in dealership negligence causing mechanical failure and loss of control of vehicle resulting in spinal cord injury. Confidential Settlement following full factual discovery and disclosure of expert reports and life care plan.
• Charles & Jennifer Briner, Individually and on Behalf of Christopher Briner, A Minor v Daimler Chrysler Corporation. (2007) (Richland County, Ohio Case No. 05-CV-371). Co-lead counsel in complex product liability action involving claims of defective seat belt buckle resulting in inadvertent buckle release and catastrophic brain injury to a minor. Confidential settlement two weeks before trial following full factual discovery and expert disclosures on liability and life care plan.
• Marlene Lewis et al v. Alex Saba,, M.D. (2006) Hamilton County, Ohio, Case No. A0501599. Co-lead counsel in medical malpractice claims arising from the failure to diagnose breast cancer resulting in cancer progression, loss of survival, and additional invasive medical care.  Confidential Settlement a few months before trial following full discovery and expert disclosures on liability and damages.
•  Berry Smith v. Argo Construction, (2004) Clermont County, Ohio, Case No. 1:17-cv-860, Co. Lead Counsel in employee intentional tort action involving the catastrophic amputation of the Plaintiffs leg when he was trapped under a moving excavator while performing flagging duties. Confidential settlement following full discovery and expert reports on life care plans.

These results at times included the assistance of co-counsel and shared work product as many of the complex cases involved the largest companies in the world, and the litigation necessitated the resources from multiple firms to achieve such results.  These results should not be a projection of the value of any future cases as each case must be assessed for its facts and circumstances and different venues, which all can impact the value of the case.