Thomas P. Cartmell

Tom Cartmell co-founded Wagstaff & Cartmell in 1997, and is now regarded as one of this region's preeminent trial lawyers. For more than a decade, he has represented St. Luke's Health System and Children's Mercy Hospitals & Clinics - two of this region's largest hospitals. In recent years, Tom has distinguished himself as one of the country's most accomplished lawyers in actions relating to pharmaceutical and medical device litigation.

Tom has extensive experience trying cases and arguing appeals. He has tried over 30 cases to verdict on behalf of both plaintiffs and defendants in federal and state courts. He has litigated a wide variety of product liability, consumer fraud, professional liability, antitrust, and commercial cases, and has significant experience in multi-district litigation.

Tom has been recognized as one of Kansas City's outstanding trial lawyers on multiple occasions. For example, in 2001 he received the Thomas J. Conway Award, an award presented annually by the Kansas City Metropolitan Bar Association to a trial lawyer who "represents his/her clients with zeal." In 2003, he was awarded the Lon O. Hocker Memorial Trial Lawyer Award, an award presented by the Missouri Bar Foundation to an outstanding trial lawyer in Kansas City for "outstanding expression of the qualities of professional competence, industry, integrity and courtesy indicative of a trial lawyer." Tom also has been honored as one of the Kansas City Business Journal's "Best of the Bar" for five straight years, has been included in the Kansas City Super Lawyers edition for four straight years, and is recognized in The Best Lawyers in America, 2007 and 2008 editions.

Tom has an AV rating from Martindale Hubbell, and is a member of the American Board of Trial Advocates (ABOTA) and the International Society of Barristers. He is an Adjunct Professor of Trial Advocacy at the University of Kansas School of Law, and is a frequent speaker at seminars which focus on trial tactics and strategy. He also is active in the community. He currently is a member of the board of trustees for Ozanam, is the Chairman of the Board for Crittenton Behavioral Health, and currently sits as the municipal court judge in the City of Mission Hills, Kansas.

Tom graduated from the University of Kansas with a degree in Business Administration, obtained his J.D. from the University of Kansas School of law, and was an editor on the Kansas Law Review.

Recent Verdicts and Settlements

• Received one of top five plaintiffs' verdicts in Missouri in 2007 when he obtained a $3.02 million verdict representing a plaintiff in a nursing home abuse action
• Obtained a $1.0 million verdict representing a plaintiff in a personal injury action
• Obtained a defense verdict for Children's Mercy Hospital of Kansas City after offering $1.0 million to settle the personal injury case.
• Obtained in excess of $9.0 million in settlements for clients against manufacturers of Ephedra products.

Product Liability Litigation

• Member, Plaintiffs' Steering Committee, Celebrex and Bextra MDL litigation
• Trial counsel in first Bextra personal injury trial in nation; scheduled for trial in May 2008; settled on eve of trial and ultimately led to a $745 million settlement of all cases.
• Represent Federal Signal Corporation, a manufacturer of sirens, in mass tort product liability litigation involving firefighters' claims of hearing loss.
• Represent third-party payors, including Blue Cross Blue Shield of Kansas, in consumer fraud cases against Pfizer, Merck, and Schering-Plough; cases pending in federal courts across the country.
• Member, expert/science committee and bankruptcy settlement/resolution counsel, Ephedra litigation; obtained over $50 million in settlements.
• Co-chair, Science Committee, In re Avandia Marketing Sales Practices and Products Liability Litigation, pending in the United States District Court for the Eastern District of Pennsylvania.
• Currently plaintiffs' counsel in 17 consumer fraud actions consolidated in In Re Vytorin/Zetia Marketing Sales Practices and Product Liability Litigation
• Experience in mass tort pharmaceutical and device litigation involving Baycol, Propulsid, Rezulin, Zyprexa, Paxil, Vioxx, Trasylol, Avandia, Digitek, Kugal Patch, and Medtronics Defibrillators.

Commercial and Antitrust Litigation

• Lead counsel representing State of Kansas in litigation against tobacco companies arising from disputes over the Master Settlement Agreement
• Counsel of record for local vending distributor appointed co-lead plaintiff in Antitrust Class Action in multi-district litigation, In re Chocolate Confectionary Antitrust Litigation
• Counsel for local farmers in Antitrust Action in multi-district litigation, In re Potash Litigation