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Paul S. PenticuffView Bio as PDF

Paul S. Penticuff has over 20 years of experience trying cases in both state and federal courts throughout the country.  His practice emphasizes product liability, complex litigation (including MDL and Class Actions) and highly regulated industries such as pharmaceuticals, medical devices and aviation.  He also practices in the fields of commercial litigation, intellectual property, and property rights.

Paul serves as national trial counsel for a large medical device company and handles claims, lawsuits, recalls, business disputes, contract negotiation and regulatory matters from start to finish.  He has coordinated electronic document production and expert witness development for claims in the U.S., U.K., E.U. and Australia.  Paul has been admitted pro hac vice in dozens of state and federal courts as part of his national practice. 

Paul is a dynamic speaker and has made presentations to business groups and clients regarding the importance of properly preparing employees and management for depositions and court appearances.  He has successfully steered multi-million dollar claims to advantageous outcomes via dismissal, mediation and verdict.  He is active on the board of a national defense lawyer organization for the recruitment of new members and is a regular speaker at local bar association panels regarding tort reform legislation and its impact and evolution regarding product liability matters.


  • Missouri
  • USDC, Western District of Missouri
  • USDC, Eastern District of Missouri
  • Arkansas
  • USDC, Eastern District of Arkansas
  • USDC, Western District of Arkansas
  • Kansas
  • USDC, District of Kansas


  • University of Missouri - Columbia School of Law, JD, 1993
    • Note and Comment Editor
    • Missouri Law Review
    • Order of the Barristers
    • Board of Advocates
    • Teaching Assistant, Legal Research & Writing
  • Southwest Baptist University, BS (History/Political Science), summa cum laude, 1990
    • Alpha Chi National Honor Society, Vice-President


Memberships & Activities

  • American Bar Association, Litigation Section
    • Product Liability Committee (Pharmaceuticals and Medical Device Sub-Committees)
    • Privacy and Data Security Committee
  • State Bar of Missouri
  • Kansas City Metropolitan Bar Association
  • Missouri Organization of Defense Lawyers
  • Defense Research Institute
    • Member, Product Liability Committee
    • Member, Drug & Device Committee (New Member Orientation Subcommittee)
    • Participates in drafting amicus briefs
  • Student Mediation Coordinator for De La Salle Education Center


  • "Mandatory Retirement for Missouri Judges, Gregory v. Ashcroft," 57 Mo. L. Rev. 553 (Spring 1992).
  • "A New Standard for the Modification of Consent Decrees, Rufo v. Inmates of Suffolk County Jail," 57 Mo. L. Rev. 1391 (Fall 1992).


  • Panel Member: “Effect of the First Amendment on Off-Label Marketing,” ABA Section of Litigation Pharmaceutical, Medical Device and Biotech Subcommittee of the Products Liability Committee - Regional CLE Workshop (October 2017).


BSCR Obtains Favorable Trial Result for Insurance Client

BSCR defended the insured of an insurance client in a week-long trial in Jackson County (Independence), Missouri. The case involved allegations of vehicular negligence and road rage. . .

Blog Posts

FDA Issues Draft Guidance Document for Postmarket Management of Cybersecurity in Medical Devices (Part 4 of 4)

02.26.16 | The Proper Elements of an Effective Postmarketing Cybersecurity Program - The most practical portion of the FDA’s proposed guidelines is found in the Appendix. In this Section, the agency attempts to bring together all of the concepts from their recommendations into a cohesive summary of the necessary components of a proper cybersecurity program. The section discusses five broad concepts drawn from the NIST Framework...

FDA Issues Draft Guidance Document for Postmarket Management of Cybersecurity in Medical Devices (Part 3 of 4)

02.22.16 | Remediating and Reporting Cybersecurity Vulnerabilities - Manufacturers are required to determine if the residual risk of a cybersecurity vulnerability is “controlled” (acceptable) or “uncontrolled” (unacceptable). Following this initial determination of the seriousness of the risk to “essential clinical performance”, the FDA has recommended a variety of both remediation and reporting requirements...

FDA Issues Draft Guidance Document for Postmarket Management of Cybersecurity in Medical Devices (Part 2 of 4)

02.17.16 | Risk Assessment and Management in a Dangerous World - Manufacturers of medical devices are faced with ever-increasing cyberattacks that could impact patient safety and the efficacy of useful devices. One insurance group identified cyberthreats to medical devices as “open and growing”, describing a difficult “real world” scenario involving implantable defibrillators.

FDA Issues Draft Guidance Document for Postmarket Management of Cybersecurity in Medical Devices (Part 1 of 4)

02.15.16 | Background and Overview of Essential Concepts - As part of the increase in cybersecurity issues in an increasingly networked society, the FDA has decided to provide medical device manufacturers with structure and specificity in its quest to counter threats to patient safety. Although most of the recommendations offer industry a chance to self-police relatively minor security issues, the agency has proposed that a small subset of vulnerabilities...

Another Attack on the Wrongful Death Noneconomic Damage Cap Reaches the Missouri Supreme Court

08.19.15 | Just a few short years ago, the Missouri Supreme Court upheld the wrongful death damage cap of $350,000 in noneconomic damages in medical malpractice cases. Sanders v. Ahmed, 364 S.W.3d 195 (Mo. 2012). The Court found that ...

“Top-level” employee protection from unreasonable discovery is extended to public employees in Missouri

07.23.15 | Counsel representing large companies and institutions in Missouri are quite familiar with the prospect that opposing counsel may attempt to gain leverage by threatening to depose, or subpoena to testify at trial, one or more high-level corporate officials. In most cases, however...

Kicking the Can Down the Road: The U.S. Supreme Court Denies Certiorari in “Failure to Update Labeling” Case Against Generic Drug Manufacturer

05.20.15 | Manufacturers of Generic Pharmaceuticals bask in uncertainty after the United States Supreme Court denied certiorari in Pliva, Inc. v. Huck, leaving all to wonder whether or not state law “failure to update labeling” are preempted.

Iowa Judge Sanctions Attorney for Obstructionist Behavior

09.24.14 | Of all the things that will keep a litigator up at night, producing a witness for deposition should not be on the list. Unfortunately, we have all experienced the sinking feeling when a witness is spinning out of control. Some are brash and argumentative. Some have poor or selective memories. Some are too nervous. Some are overconfident. Some are Lil Wayne