CONTACT INFORMATION:

502-357-1923
ksimpson@tmslawplc.com

STAFF CONTACT:

Amanda McNealy
502-357-1905
amcnealy@tmslawplc.com

W. Kennedy Simpson, Principal

Kennedy has over 40 years of experience in the defense of product liability and medical malpractice litigation. He is a cum laude graduate of Washington & Lee University (1975) and a graduate of the University of Kentucky College of Law (1978), where he was a member of the Kentucky Law Journal. After serving as a law clerk for the Supreme Court of Kentucky and the U.S. District Court for the Western District of Kentucky at Louisville, Kennedy entered private practice in 1981 with the law firm of Stites & Harbison in Louisville, where he was a partner from 1986 through 2000. Kennedy joined Thompson Miller & Simpson in 2000, and is the firm's manging partner.

Kennedy has tried product liability lawsuits to verdict in 13 states. He has served as national and regional coordinating counsel for a number of product manufacturers, and is a member of the Product Liability Advisory Council, the American Board of Trial Advocates, the International Association of Defense Counsel, and the Defense Research Institute. He has published and lectured extensively on issues relating to product liability and medical malpractice, is a former editor of the American Bar Association’s Annual Survey of Products Liability Law, and is the author of the Kentucky section of two national compendiums of product liability law.

Kennedy is active in community affairs, with service on the boards of the Fund for the Arts, African American Heritage Foundation, Olmsted Parks Conservancy, YMCA of Greater Louisville, American Red Cross Louisville Area Chapter, Actors Theatre of Louisville, Triathlon USA Mideast Region, Kentucky Lacrosse Association, and on the Vestry of St. Francis in the Fields Episcopal Church. He is a graduate of Focus Louisville, Leadership Louisville, and the Bingham Fellows. Kennedy is an avid triathlete, and has completed six Ironman events, including two Ironman World Championships in Kona, Hawaii.

Publications

• “New Format Required for Drug Labeling” RX For the Defense (DRI 2013)

• “New FDA Drug Regulations Fully Implemented” Pharmaceutical Compliance Monitor (Monitor Publishing 2013)

• Product Liability Defenses: A State-by-State Compendium (4th ed.) (Kentucky section) (DRI 2013)

• “Practical Defense of Advertising Based Misrepresentation Claims Against Prescription Drug and Medical Device Manufacturers”, DRI Drug & Medical Device Litigation Seminar Coursebook (DRI 2013) (co-authored with Kim Baker)

• The Law of Lawyer’s Liability Fifty-State Survey of Legal Malpractice (Kentucky section) (ABA 2012)

• Legal Malpractice Law – State By State (Kentucky section) ABA Section of Litigation 2011)

• “Off-Label liability of Drug & Medical Device Manufacturers” Twenty-Fourth Annual Medical Device Seminar Coursebook (MEDMARC 2011)

• Fifty State Survey of Legal Malpractice Law (Kentucky Section) (ABA Section of Litigation 2009)

• “Current Issues in Medical Device Litigation” (FDA Amendments Act of 2007), ABA Section of Litigation Product Liability Committee & Mass Torts Litigation Committee Coursebook (ABA 2007)

• “Medical Malpractice from A-Z”, National Business Institute Seminar Coursebook (NBI 2007)

• Product Liability Defenses: A State-by-State Compendium (3d ed.) (Kentucky section) (DRI 2007)

• “Off-Label Liability of Drug & Medical Device Manufacturers”, DRI Drug & Medical Device Seminar Coursebook (DRI 2007)

• “Tackling Advanced Medical Malpractice Issues” (Notable Kentucky Expert Witness Cases) National Business Institute Seminar Coursebook (NBI 2006)

• “Drug & Medical Device Recalls” Drug and Medical Device Litigation Seminar Coursebook (ACI 2005)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (editor) 38 Tort & Insurance Law Journal 625 (ABA 2003)

• Fifty State Survey of Expert Witness law in Pharmaceutical and Medical Device Litigation (Kentucky section) (ABA 2002)

• “Industry Gifts to Physicians - The New Frontier?” Rx for the Defense (DRI 2002)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (editor) 37 Tort & Insurance Law Journal 621 (ABA 2002)

• Product Liability Defenses: A State-by-State Compendium (2d ed.) (Kentucky section) (DRI 2001)

• Fifty-State Survey of FDCA-Related Tort Causes of Action (Kentucky section) (ABA 2001)

• “FDA Reporting Requirements for Drugs & Medical Devices” Product Liability Megaconference III Coursebook (ABA June 2001)

• “Defending Scientific Literature & Clinical Studies” DRI Drug & Device Seminar Coursebook (DRI May 2001)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (editor, preemption and evidence sections) 36 Tort & Insurance Law Journal 505 (ABA 2001)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (editor, preemption section) 35 Tort & Insurance Law Journal 553 (ABA 2000)

• State-By-State Survey of the Law Regarding Potential Liability For Off Label Use of Drugs and Medical Devices (Kentucky section) (ABA 1999)

• “The Admissibility of Expert Opinions in Federal Courts – The Evolution of Daubert – A Practical Guide to a Daubert Challenge”, Fourth Annual Drug & Medical Device Conference Coursebook, American Conference Institute, (December 1999)

• “Federal Protection for Biomaterials Suppliers”, 16 Food, Drug, Cosmetic and Medical Device Law Digest 35 (March 1999)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (preemption section) 34 Tort & Insurance Law Journal 573 (ABA 1999)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (preemption section) 33 Tort & Insurance Law Journal 605 (ABA 1998)

• “Damage Issues in Drug and Medical Device Litigation”, Mealey’s Drug and Medical Device Seminar Coursebook (Mealey’s Publications 1997)

• “Medical Device Exemptions: Sixth Circuit Sets the Pace”, 15 Product Liability Law and Strategy (March 1997)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (preemption section) 32 Tort & Insurance Law Journal 383 (ABA 1997)

• “Over-the-Counter Drug Liability: Defense Perspective”, Mealey’s Drug & Medical Device Seminar Coursebook (Mealey’s Publications 1996)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (preemption section) 31 Tort & Insurance Law Journal 383 (ABA 1996)

• “Medical Device Preemption – State of the Union”, 1 Mealey’s Litigation Reports: Drugs and Medical Devices 27 (January 1996)

• “Ninth Circuit Swims Against Preemption Tide”, 14 Product Liability Law and Strategy 5 (December 1995)

• “Overview of the FDA Regulatory Process”, DRI Drug & Device Seminar Coursebook (DRI 1995)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (preemption section) 33 Tort & Insurance Law Journal 605 (ABA 1998)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (preemption section) 30 Tort & Insurance Law Journal 523 (ABA 1995)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (products liability defenses section) 29 Tort & Insurance Law Journal 352 (ABA 1994)

• Product Liability Desk Reference: A Fifty-State Compendium Little, Brown & Co. (1993, 1994, 1995, 1996) (Kentucky section) (co-author)

• “Investigational Drugs Likely Have Immunity”, 12 Product Liability Law and Strategy 3 (September 1993)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (products liability defenses section) 28 Tort & Insurance Law Journal 354 (ABA 1993)

• “Medical Device Ruling May Have Broader Impact”, 11 Product Liability Law and Strategy 1 (February 1993)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (drug and medical device section) 27 Tort & Insurance Law Journal 336 (ABA 1992)

• Product Liability Defenses: A State-by-State Compendium (Kentucky section)(DRI 1992)

• “Product, General Liability and Consumer Law: Annual Survey of Recent Developments” (preemption section) 26 Tort & Insurance Law Journal 371 (ABA 1991)

• “Virginia Natural Death Act,” 5 VSB Health Law News 2 (June 1989) Case report (expert testimony/damages), 1 Journal of Civil Litigation 23 (1989)

• “Discovery Abuse, Abuse of Process, and Sanctions for Rule 11 Violations,” 1987 Kentucky Bar Association Annual Meeting Coursebook Note (constitutional law), 66 Kentucky Law Journal 127 (1978)

Seminars

• FDA Regulation of Drugs and Medical Devices, Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago (September 2014)

• In the Crosshairs: When Marketing Lays the Foundation for Misrepresentation Claims, DRI Drug & Medical Device Seminar, New York City (May 2013)

• FDA Regulation of Drugs and Medical Devices, Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago (September 2012)

• Off-Label Liability of Drug & Medical Device Manufacturers, Twenty-Fourth Annual Medical Device Seminar, MEDMARC, Yosemite (June 2011)

• FDA Regulation of Drugs and Medical Devices, Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago (September 2010)

• FDA Regulation of Drugs and Medical Devices, Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago (September 2008)

• Current Issues in Medical Device Litigation (FDA Amendments Act of 2007)

• ABA Section of Litigation Product Liability Committee & Mass Torts Litigation Committee Seminar, New Orleans (October 2007)

• Medical Malpractice from A-Z, National Business Institute, Louisville (October 2007)

• FDA Regulation of Drugs and Medical Devices, Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago (September 2007)

• Off-Label Use is Lawful, Clinically Beneficial and Medically Necessary, DRI Drug & Medical Device Seminar, San Francisco (May 2007)

• Effectively Managing a Medical Device Recall, Drug & Medical Device Litigation, American Conference Institute, Chicago (June 2006)

• Tackling Advanced Medical Malpractice Issues, National Business Institute, Louisville (June 2006)

• Drug and Medical Device Recalls, Drug and Medical Device Litigation, American Conference Institute, New York City (December 2005)

• FDA Regulations, Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago (September 2005)

• FDA Post-Sale Powers, Product Liability Advisory Council Spring Conference, Quebec (April 2004)

• FDA Regulations, Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago (September 2002)

• Medical Terminology in Kentucky, Lorman, Louisville (August 2002)

• ABOTA Masters in Trial, Kentucky Bar Association Annual Convention, Lexington (June 2001)

• FDA Reporting Requirements for Drugs & Medical Devices, Product Liability Megaconference III, ABA, Amelia Island (June 2001)

• Defending Scientific Literature and Clinical Studies, DRI Drug and Medical Device Seminar, Chicago (May 2001)

• Kentucky Evidence Workshop, PESI, Louisville (April 2001)

• Defending Scientific Literature & Clinical Studies, DRI Drug & Device Seminar, Chicago (May 2001)

• Kentucky Evidence Workshop, PESI, Louisville (April 2000)

• Federal Preemption in Products Liability Litigation, Products Liability Course, Brandeis School of Law, Louisville (April 2000)

• The Battle of the Experts After Daubert and Its Progeny, Fourth Annual Drug & Medical Device Litigation Conference, American Conference Institute, New York City (December 1999)

• Defenses in Pharmaceutical Drug Litigation, Mealey’s Fen-Phen Litigation Conference, Philadelphia (October 1999)

• Maneuvering Through the Minefield: Representing Drug and Medical Device Manufacturers in a Changing Environment, DRI Annual Meeting, New York City (October 1999)

• Common Mistakes in Medical Malpractice Litigation, Winning the Cancer Case Seminar, Resource Development, Inc., New Orleans (April 1999)

• FDA Drug and Device Regulation, DRI Drug & Device Young Lawyers Seminar, Philadelphia (March 1999)

• Preemption in Product Liability Litigation, Products Liability Committee, IADC Mid-Year Meeting, Scottsdale, Arizona (February 1999) (videotape)

• Medical Device Preemption, American Conference Institute Drug and Medical Device Conference, North Carolina (December 1998)

• Expert Witnesses, Forensic Economics Class, Bellarmine College (April 1998)

• Beyond Preemption: The Impact of FDA Regulation in Drug and Medical Device Litigation, American Conference Institute Drug and Medical Device Litigation, New York City (December 1997)

• Damage Issues in Drug and Medical Device Litigation, Mealey’s Drug and Medical Device Seminar, West Palm Beach, Florida (November 1997) *Seminar Co-Chair

• Dealing With Healthcare Providers in Medical Device Litigation, Tenth Annual Medical Device Seminar, Blackwell Sanders, MEDMARC, HIMA, Kananaskis Village, Alberta, Canada (June 1997)

• Psychological Injury Mock Trial, Kentucky Bar Association Annual Convention, Louisville, Kentucky (June 1997)

• Federal Preemption in Products Liability Litigation, Kentucky-Mississippi-Tennessee Defense Lawyers’ Seminar, Sandestin, Florida (April 1997)

• Over-the-Counter Drug Liability: Regulatory Aspects and Defenses, Mealey’s Drug & Medical Device Seminar, West Palm Beach, Florida (November 1996)

• Eleven Common Mistakes in Personal Injury Litigation, Kentucky Academy of Trial Attorneys Personal Injury Seminar, Covington, Kentucky (July 1996)

• Warnings in Drug and Medical Device Litigation, DRI Drug & Device Young Lawyers Seminar, Philadelphia, Pennsylvania (October 1995)

• How to Make the FDA Regulatory Process Understandable to a Jury, DRI Drug & Medical Device Seminar, Seattle, Washington (May 1995)