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OUR ATTORNEYS

Weitz & Luxenberg has continued to build on this tradition of success, growing as a firm both in size and resources. W&L today has over 100 attorneys working in world-class facilities located in New York, Los Angeles, Detroit, and Cherry Hill, N.J., outside of Philadelphia.

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Melinda Davis Nokes

ASSOCIATE ATTORNEY

Focus: Defective Drugs and Devices

Phone: (310) 247-0921
Fax: (310) 786-9927

LOS ANGELES OFFICE
1880 Century Park East, Suite 700
Los Angeles, CA 90067

“It is deeply satisfying to see a client win his or her case. It is satisfying because I know the victory was deserved. I delight in seeing justice done.”

Overview

In order to win your pharmaceutical or medical device lawsuit against a wrongdoer corporation, a number of things must first occur. One is the development and presentation of the most compelling medical and scientific evidence possible in order to successfully persuade the judge and jury of the merits of your case.

Our Melinda Davis Nokes specializes in doing precisely that. Ms. Nokes enjoys a well-deserved reputation for ingenuity and tenacity when it comes to securing experts who can offer powerful testimony about the connection between dangerous pharmaceuticals and the injuries they can cause.

She joined Weitz & Luxenberg in 2015 following a stellar 22-year career in the practice of law. Ms. Nokes previously worked in pharmaceutical and medical device law as a partner with Lopez, Hodes, Restaino, Milman & Skikos in Newport Beach, California.  She went on to form her own firm, Salvatore & Nokes where she continued prosecuting cases involving prescription drugs, over the counter drugs and medical devices. 

She has prosecuted cases  involving silicone gel breast implants, Baycol, PPA cold medications, Ephedra dietary supplements, Ortho Evra birth control patches, Yaz/Yasmin birth control pills, Zicam homeopathic nasal spray, Seroquel, Avandia, Reglan, Byetta, Kugel mesh hernia patches and Depuy hip implants

Ms. Nokes has served on plaintiff’s discovery and medical expert committees for many of these litigations both in California State and at the federal level.  This extensive experience gives her a unique insight into the workings of pharmaceutical companies and the scientific evidence needed to prevail in court. 

EDUCATION

  • J.D., University of the Pacific, McGeorge School of Law, 1993
  • B.A., University of California Irvine, 1990

ASSOCIATIONS AND LICENSES

  • American Association for Justice
  • Consumer Attorneys of California
  • Orange County Trial Lawyers Association

BAR ADMISSIONS

  • California
  • Utah
  • U.S. District Court (CA Northern, Southern, Eastern & Central)
  • U.S. District Court (Utah)
  • U.S. District Court (Colorado)

LOOKING FOR LEGAL HELP?

We would feel privileged to assist you.
For a free case review, please contact us today.

ASSOCIATE ATTORNEY

“It is deeply satisfying to see a client win his or her case. It is satisfying because I know the victory was deserved. I delight in seeing justice done.”

Drugs & Devices

Request a Free Legal Consultation

In addition to being a pioneer in asbestos litigation, our firm is in the forefront of asbestos legislation, championing laws that protect the rights of current and future asbestos victims.

By providing your cell number you acknowledge and consent to receive and exchange communications via text messaging (SMS) and receive automated text messages. Messaging and data rates may apply. Text “stop” to opt-out at any time. No purchase necessary.

Brendan A. McDonough

ASSOCIATE ATTORNEY

Focus: Defective Drugs and Devices

Phone: (856) 755-1115
Fax: (856) 755-1995

CHERRY HILL OFFICE
220 Lake Drive East, Suite 210
Cherry Hill, NJ 08002

Many of our clients’ lives will never be the same. They had a hip, knee, shoulder, or elbow prosthesis surgically implanted, hoping to get better, and instead suffered toxicity from cobalt and chromium debris requiring the premature removal of the implant. For some clients, the device spontaneously fractured because of the metallic corrosion. That’s why I am honored to be part of a team that works passionately on their behalf  — to get them the compensation they deserve and to make the medical product companies think twice before gambling again with the well-being of decent people.

Overview

Brendan A. McDonough works in Weitz & Luxenberg’s Drug and Medical Device Litigation practice group.. He plays a leading role in the firm’s efforts against Philips Respironics to hold the company responsible for injuries caused by their defective CPAP and BiPAP sleep apnea machines, which were recalled in June 2021.

“Our clients are suffering on a daily basis,” Mr. McDonough says. “Many of them have had to stop working, they have bills piling up, and their lives are essentially put on hold.

“At Weitz & Luxenberg, thinking about our clients and the harm they’ve suffered is what keeps us motivated. It is why I went to law school. 

Sometimes the legal process takes years, but our clients keep us focused. We want to secure for them the best outcome possible.”

Recalled Philips CPAP and BiPAP Sleep Apnea Machines

Mr. McDonough is currently representing Weitz & Luxenberg clients injured by Philips Respironics’ recalled CPAP, BiPAP, and mechanical ventilator devices, which are used in the treatment of obstructive sleep apnea.

“Philips recalled these devices because the polyurethane ‘sound abatement’ foam in the airway of the device degrades and off-gases, releasing toxic and potentially carcinogenic compounds that are then inhaled by the user all night long while they sleep,” Mr. McDonough says. “Recent FDA inspections reveal the company was aware of this problem at least as far back as 2015.”

The foam used in the recalled devices is subject to degradation via “hydrolysis,” which is when water breaks a chemical bond. Normal operation of the devices involves hot, humid air being forced through the device airpath where the foam is located.

“The recall affects millions of users,” Mr. McDonough adds. “So this is a legitimate health crisis. We are fighting for our clients injured by Philips’ devices, but we are also fighting to prevent future similar harms to the innocent and unsuspecting public.”

Mr. McDonough has lectured nationally about the chemical risks of the degradation and the off-gassing of the polyester polyurethane sound abatement foam in the CPAP machines.

Defective Hip Implant Lawsuits

Mr. McDonough also represents Weitz & Luxenberg clients injured by metal-on-metal and modular hip implants, including the Stryker Rejuvenate/ABG II Modular Hip Implant, Stryker LFIT V40 CoCr femoral heads, and DePuy ASR/ASR XL.

The manufacturers, Stryker and DePuy Orthopaedics, have both recalled specific hip implant models because of significant complications. Sometimes, the materials used in the hip implant may corrode. Metallosis and fracturing are other serious problems with some models. When orthopedic implants fail, patients may need to undergo revision surgeries.

Revision surgeries require patients to face the risks and challenges of surgery all over again. In addition, revision surgeries are more complex and costly than initial surgery.

Our Clients Always Come First

“When I first speak with clients, my goal is to listen to them, to understand what their problems are, and to have an honest conversation with them about what we can do to work together to meet their needs and resolve their issues,” Mr. McDonough said.

“I get a lot of satisfaction in knowing that our client will have some peace of mind, be able to pay medical bills, put money away for children or grandchildren, whatever the case may be. It’s extremely gratifying to feel that justice has been served,” Mr. McDonough says.

I Want to Give Our Clients a Voice

“The great thing about being an attorney is that I’m in a position to advocate for people who can’t advocate for themselves,” Mr. McDonough says. “I can use my background in biological and biomedical engineering to help people harmed by defective medical devices and drugs every day.”

“These giant medical device and pharmaceutical corporations should be ensuring that what they’re selling to the public is safe and effective, but instead they cut corners for profit. When they do, our clients’ health and livelihoods are what hang in the balance.

“These companies think the scientific issues are too complex; that lawyers, judges, and juries won’t understand; and that our clients won’t have anyone who can fight on their behalf.

“They think they can get away with it. But they’re wrong.

“At Weitz & Luxenberg, we make sure our clients get the representation they deserve,” Mr. McDonough says.

Additional Legal Experience

Prior to joining Weitz & Luxenberg, Mr. McDonough served as a law clerk to the Honorable Ann Marie Donio, U.S.M.J. in the United States District Court for the District of New Jersey. He first worked here as a biomedical engineer and paralegal after graduating from Cornell University’s College of Engineering.

He was involved in the complex technical preparation for trial, assisting attorneys with the recalled DePuy ASR metal-on-metal hip implant litigation, analyzing tens of thousands of technical documents, and preparing the attorneys for the depositions of the engineers and experts. Motivated by this work, he went to law school and then worked here as a summer and part-time law clerk.

In 2017, Mr. McDonough was welcomed back as a lawyer engineer. Like his colleagues, Mr. McDonough cares about helping our clients achieve a just resolution. 

Addressing an emerging legal issue, Mr. McDonough successfully defeated a medical device manufacturer’s repeated efforts to manipulate the Federal Rules of Civil Procedure to remove cases from state court to federal court, where the defendant can have certain advantages. After a prolonged briefing effort, he succeeded in persuading the court to return the cases to state court. Mr. McDonough co-authored an article educating plaintiff attorneys on how to defeat this procedural abuse called “Snap Removal” in an article in Trial Magazine in 2020. 

Mr. McDonough is licensed to practice law in New Jersey, New York, and the United States District Courts for the District of New Jersey, the Eastern District of New York, the Southern District of New York, and the Western District of Pennsylvania.

He earned his J.D. from Rutgers School of Law in Camden, New Jersey, and his B.S. in biological and biomedical engineering from Cornell University in Ithaca, New York.

Outside of work, Mr. McDonough enjoys running with his dog, going to concerts, and reading. Other passions include hiking, traveling, playing the guitar, basketball and chess.

Publications

Kessler, R.E. & McDonough, B.A. “Maintain a Foothold.” Trial Magazine. May 2021. 
https://www.justice.org/resources/publications/trial-magazine/2021-may-maintain-a-foothold

EDUCATION

  • J.D., Rutgers School of Law, 2016
  • B.S., Cornell University, 2010

ASSOCIATIONS AND LICENSES

  • American Association for Justice
  • New Jersey Association for Justice
  • New Jersey State Bar Association

BAR ADMISSIONS

  • New York
  • New Jersey
  • U.S. District Court (NJ, NY Southern & Eastern, PA Western)

LOOKING FOR LEGAL HELP?

We would feel privileged to assist you.
For a free case review, please contact us today.

ASSOCIATE ATTORNEY

“Many of our clients’ lives will never be the same. They had a hip, knee, shoulder, or elbow prosthesis surgically implanted, hoping to get better, and instead suffered toxicity from cobalt and chromium debris requiring the premature removal of the implant. For some clients, the device spontaneously fractured because of the metallic corrosion. That’s why I am honored to be part of a team that works passionately on their behalf — to get them the compensation they deserve and to make the medical product companies think twice before gambling again with the well-being of decent people.”

Drugs & Devices

Request a Free Legal Consultation

In addition to being a pioneer in asbestos litigation, our firm is in the forefront of asbestos legislation, championing laws that protect the rights of current and future asbestos victims.

By providing your cell number you acknowledge and consent to receive and exchange communications via text messaging (SMS) and receive automated text messages. Messaging and data rates may apply. Text “stop” to opt-out at any time. No purchase necessary.

Paulina Kennedy

ASSOCIATE ATTORNEY

Focus: Defective Drugs and Devices

Phone: (313) 800-4170
Fax: (646) 293-7992

DETROIT OFFICE
Fisher Building
3011 West Grand Blvd., 24th Floor
Detroit, MI 48202

“To study and practice the law is both a privilege and a responsibility. I believe accepting that responsibility means fighting against the wrongs in our society and advocating for real change.’”

Overview

Paulina Kennedy is an attorney working on the opioid litigation team. Ms. Kennedy received her bachelor’s degree from the University of Iowa and spent a few years working on Capitol Hill and in government relations in Washington, D.C. Ms. Kennedy earned her J.D. from University of Detroit Mercy School of Law in May 2020.

Prior to joining Weitz & Luxenberg, Ms. Kennedy worked for a boutique law firm specializing in municipal law, where she gained valuable experience representing a variety of clients.

During law school, she worked in Judge David M. Lawson’s chambers and in the Federal Pro Se Legal Assistance Clinic in the U.S. District Court for the Eastern District of Michigan. Ms. Kennedy was actively involved in moot court, and champion of the 2019 Patrick A. Keenan Appellate Advocacy Tournament. She also headed the student chapter of the American Constitution Society at Detroit Mercy Law and was a member of the Law Review.

Ms. Kennedy is active in the Detroit legal community as a board member for the Women Lawyers Association of Michigan’s Wayne Region and the Michigan Lawyers Chapter of the American Constitution Society, a progressive legal organization. She also volunteers her time to pro bono expungement clients.

EDUCATION

  • J.D., University of Detroit Mercy School of Law, 2020
  • B.A., University of Iowa, 2014

ASSOCIATIONS AND LICENSES

  • American Bar Association
  • Michigan Bar Association
  • Women Lawyers Association of Michigan
  • American Constitution Society
  • Detroit Bar Association

BAR ADMISSIONS

  • Michigan
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Court of Appeals for the Sixth Circuit

LOOKING FOR LEGAL HELP?

We would feel privileged to assist you.
For a free case review, please contact us today.

ASSOCIATE ATTORNEY

“To study and practice the law is both a privilege and a responsibility. I believe accepting that responsibility means fighting against the wrongs in our society and advocating for real change.”

Drugs & Devices

Request a Free Legal Consultation

In addition to being a pioneer in asbestos litigation, our firm is in the forefront of asbestos legislation, championing laws that protect the rights of current and future asbestos victims.

By providing your cell number you acknowledge and consent to receive and exchange communications via text messaging (SMS) and receive automated text messages. Messaging and data rates may apply. Text “stop” to opt-out at any time. No purchase necessary.

Danielle Gold

ASSOCIATE ATTORNEY

Focus: Defective Drugs and Devices

Phone: (212) 558-5500
Fax: (212) 344-5461

NEW YORK OFFICE
700 Broadway
New York, NY 10003

“Our clients have suffered life-altering injuries. And that’s what brings them to us for help. I am delighted and honored to be part of this caring team of supremely talented attorneys that offers the help these injured people urgently need.”

Biography

Danielle Gold is an associate attorney in our Drugs & Medical Devices Litigation group. She is based in our New York headquarters office. Prior to joining Weitz & Luxenberg in 2013, Ms. Gold served as a law clerk to one of New Jersey’s three mass-tort judges, the Hon. Carol E. Higbee of Superior Court in Atlantic City. Ms. Gold has been a practicing attorney since 2012. Super Lawyers magazine has listed her as one of its New York metro area ”Rising Stars.”

Publications

  • “Seeking Religious Validity for Body Piercings and Tattoos: How the Church of Body Modification Should Gain Recognition as a Religion in the Modern Era,” 13 Rutgers J.Law & Relig. 148

EDUCATION

  • J.D., cum laude, Rutgers School of Law-Camden, 2012; associate research and writing editor, Rutgers Journal of Law and Religion
  • B.A., government and politics; B.A., criminology and criminal justice, University of Maryland, 2009; participant, in the College Park Scholars Program

ASSOCIATIONS AND LICENSES

  • Phi Beta Kappa Honor Society

BAR ADMISSIONS

  • New York
  • New Jersey

LOOKING FOR LEGAL HELP?

We would feel privileged to assist you.
For a free case review, please contact us today.

ASSOCIATE ATTORNEY

“Our clients have suffered life-altering injuries. And that’s what brings them to us for help. I am delighted and honored to be part of this caring team of supremely talented attorneys that offers the help these injured people urgently need.”

Drugs & Devices

Request a Free Legal Consultation

In addition to being a pioneer in asbestos litigation, our firm is in the forefront of asbestos legislation, championing laws that protect the rights of current and future asbestos victims.

By providing your cell number you acknowledge and consent to receive and exchange communications via text messaging (SMS) and receive automated text messages. Messaging and data rates may apply. Text “stop” to opt-out at any time. No purchase necessary.

EricaRae Garcia

ASSOCIATE ATTORNEY

Focus: Defective Drugs and Devices

Phone: (212) 558-5500
Fax: (212) 344-5461

NEW YORK OFFICE
700 Broadway
New York, NY 10003

“I love the entire process of helping our clients who have been hurt by the defective products or injurious actions of others — from the first phone call up until a final settlement or resolution. But my favorite parts are each and every time I can call a client and give them an update, tell them we have accomplished something for them, and then hearing the relief in their voice.”

Biography

Weitz & Luxenberg is pleased to welcome EricaRae Garcia to our Drug and Medical Device Litigation practice group. Since graduating from law school, where she served as Editor-in-Chief of the University of Dayton Law Review, she has dedicated herself to helping people harmed by defective devices and products, including JUUL e-cigarettes.

“I’m thrilled to have been given the opportunity to work for Weitz & Luxenberg,” Ms. Garcia says. “I’ve known about the firm’s reputation for years. Most importantly, their values align with mine.”

“They are absolutely passionate about helping people. That’s what drives them every day, and I feel the same way,” Ms. Garcia adds.

Give Underrepresented People a Voice

“My work in Ohio was rewarding, but I knew I wanted to return to New York, since I grew up in this area,” Ms. Garcia explains. “I was also drawn to Weitz & Luxenberg’s diversity and the diverse clients we help.”

“I speak both English and Spanish,” she points out. “I really hope I can help people who might have a hard time understanding or being understood because of a language barrier. I want to make sure everyone who needs help can be given a voice. I particularly feel for underrepresented groups of people who may not be able to communicate their stories well or understand the legal process.”

Gaining Client Trust Is Key

“When reaching out to a client for the first time, I want to establish trust. I want them to know I’m completely on their side and assure them we have their best interests in mind,” Ms. Garcia discloses. “Our clients may initially not have a lot of trust in the legal system because of the systems or people they have dealt with before and we will always do our very best to help them through the legal process,” she adds.

Help Our Clients from Beginning to End

“In the work I have done before, I helped our clients from start to finish and everything in between. Weitz & Luxenberg is the same way. We are there for our clients from the beginning. Litigations generally take time to reach a settlement or go to trial, but I will be with our clients every step of the way,” Ms. Garcia emphasizes. “And I will do everything in my power to maximize their recovery.”

Prior Legal Experience

Before joining W&L, Ms. Garcia served as an associate attorney at a civil litigation law firm in Ohio working on defective drug and device cases such as hernia mesh and JUUL e-cigarettes. She worked on various multidistrict litigations (MDLs) throughout all phases of the litigation process – from intake to settlement. Before becoming an attorney, Ms. Garcia served as a law clerk at the same firm where she handled legal research assignments, managed and responded to discovery requests, and helped prepare for depositions of clients and expert witnesses.

Ms. Garcia also held an earlier position as an extern at an immigration law firm in Ohio working on visa petitions and naturalization applications, meeting with clients and assisting with language barriers, researching complex immigration issues, and drafting legal documents for appeals and removal proceedings.

Outside the Office

Outside the office, you can find Ms. Garcia spending time with her dog, running, or cooking. She also enjoys yoga and following college basketball.

Publications

  • Van Schaik, Kathleen and Garcia, EricaRae. “Sexual Assault, Sexual Abuse, and Human Trafficking Lawsuits,” OAJ Quarterly, Issue 2 (April 2020)

EDUCATION

  • J.D., University of Dayton School of Law, 2019; Leadership Honors Program; CALI Academic Excellence Award in Legal Writing; Editor-in-Chief, University of Dayton Law Review
  • B.A., Political Science, Allegheny College, 2016

ASSOCIATIONS AND LICENSES

  • American Association for Justice
  • Ohio Association for Justice

BAR ADMISSIONS

  • Ohio

LOOKING FOR LEGAL HELP?

We would feel privileged to assist you.
For a free case review, please contact us today.

ASSOCIATE ATTORNEY

“I love the entire process of helping our clients who have been hurt by the defective products or injurious actions of others — from the first phone call up until a final settlement or resolution. But my favorite parts are each and every time I can call a client and give them an update, tell them we have accomplished something for them, and then hearing the relief in their voice.”

Drugs & Devices

Request a Free Legal Consultation

In addition to being a pioneer in asbestos litigation, our firm is in the forefront of asbestos legislation, championing laws that protect the rights of current and future asbestos victims.

By providing your cell number you acknowledge and consent to receive and exchange communications via text messaging (SMS) and receive automated text messages. Messaging and data rates may apply. Text “stop” to opt-out at any time. No purchase necessary.