Diane K. Watkins devotes her practice to the representation of injured parties in complex litigation against pharmaceutical and medical device manufacturers. She has worked extensively in the ongoing litigation involving transvaginal mesh products against manufacturers Ethicon, Inc., Boston Scientific Corp., American Medical Systems, Inc., C.R. Bard, Inc., and others. She is the Co-chair of the Privilege Log/Confidentiality Order Task Force and a member of the Third Party Discovery Task Force in the In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2327). Additionally, she has presented at a national meeting on issues pertaining to the transvaginal mesh litigation.
Diane also has represented injured parties in products liability proceedings against certain medical device manufacturers after numerous patients developed chondrolysis following the placement of a pain pump catheter at the conclusion of shoulder surgery.
Additionally, Diane has represented parties injured by antidepressants in the Selective Serotonin Reuptake Inhibitors (SSRIs) class, such as Prozac, Paxil, Celexa, and Lexapro. She has also represented parties who suffered side effects, including pancreatic diseases, from certain diabetes medications such as Byetta.
Diane has also successfully represented both plaintiffs and defendants in numerous medical malpractice, personal injury, business and environmental actions. This representation has involved all aspects of litigation, up to, and including, jury verdict. Additionally, Diane has extensive experience in motions practice, brief writing, and oral argument, including at the appellate level in both federal and state courts.
Diane has been selected by her peers as a Missouri and Kansas Rising Star in litigation from 2010 to 2016. She is an active member of the Kansas City Metropolitan Bar Association and is a graduate of the Kansas City Metropolitan Bar Association’s Leadership Academy. Additionally, she has represented indigent parties involved in family court matters on a pro bono basis.
Some examples of Diane’s experience include:
$10 Million Environmental Property Damage Settlement Wagstaff & Cartmell, on behalf of a class of Northwest Missouri landowners, reached a $10 million class action settlement with an engineering firm. A Buchanan County Circuit Court Judge approved the settlement. The case involved allegations that Prime Tanning, a St. Joseph tannery, distributed tannery sludge containing hexavalent chromium produced from its tanning operations to landowners to use as fertilizer in four Missouri counties from 1983 through 2009. The defendant engineering firm provided consulting services to the tannery during some of that time period. Numerous attorneys and staff from Wagstaff & Cartmell contributed to this representation and to achieving this result for our clients, including Brian Madden, Tom Cartmell, Diane Watkins, Joan Toomey and others.
Novagradac v. Beverly Manor, et al. – $3.02 Million Verdict Wagstaff & Cartmell and its co-counsel received one of the top five plaintiffs’ verdicts in the state of Missouri in 2007 – a $3.02 million verdict in Platte County, Missouri – while representing a plaintiff in a nursing home abuse action. Diane Watkins briefed the appeal, which was argued by Tyler Hudson, resulting in an affirmance.
Defense Verdict – Alleged Failure to Timely Diagnose Stroke Diane Watkinsand others successfully defended our clients, a physician and a nurse, in a jury trial in which the plaintiff alleged that our clients failed to timely diagnose a stroke. Read about this case.
Medical Malpractice Actions As counsel on behalf of hospitals, physicians, and other healthcare providers, Diane has successfully resolved numerous medical malpractice actions by way of both trial and settlement. Diane also has represented numerous healthcare providers before their respective professional boards.
PRIOR WORK EXPERIENCE
Staff Attorney, Kansas Court of Appeals
Counsel to Clerk, U.S. Court of Appeals for the Tenth Circuit
HONORS & AWARDS
U.S. District Court, District of Kansas
U.S. District Court, Western District of Missouri
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Tenth Circuit