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				Penticuff
				S.
				Paul
Product liability litigator

Paul Penticuff

Member in Kansas City

Paul S. Penticuff has tried cases in state and federal courts throughout the country for nearly 30 years. His practice emphasizes product liability, complex litigation, and highly regulated industries such as pharmaceuticals, medical devices, and aviation.

Paul serves as national trial counsel for a manufacturer of insulin pumps, representing them in every case filed against the company nationwide and overseas. His representation includes handling claims, recalls, business disputes, contract negotiation and regulatory matters from start to finish. Paul assisted the manufacturer in its investigation of the “white hat” hack of the one of their devices, in which the company received praise for properly handling the issues under the then-proposed FDA cybersecurity guidelines.

He also serves as national coordinating counsel for a major pharmaceutical company and recently defeated an attempt to obtain MDL certification in the gadolinium litigation, arguing before the Judicial Panel on Multidistrict Litigation and gaining summary judgment on Daubert issues in the District of Arizona.

In addition to advocating for pharmaceutical and medical device companies, Paul has served as regional counsel for a global manufacturer of motorcycles and ATVs, typically defending them in cases alleging product liability theories and additionally handling personal watercraft and outboard motor cases focused on explosion and fires issues. 

Paul is a dynamic speaker and has made presentations to business groups and clients regarding the importance of preparing employees and management for depositions and court appearances.  He has coordinated electronic document production and expert witness development for cases and 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 where he has successfully steered multi-million-dollar claims to advantageous outcomes via dismissal, mediation, and verdict.

Paul is a co-chair of Baker Sterchi's Pharmaceutical and Medical Device Practice Group and editor of the group's blog. He regularly speaks on local bar association panels regarding tort reform legislation, new developments in product liability law, and winning negotiating techniques.

Admissions

  • Missouri
  • Kansas
  • Arkansas
  • USDC, Eastern District of Missouri
  • USDC, Western District of Missouri
  • USDC, Eastern District of Arkansas
  • USDC, Western District of Arkansas
  • USDC, Northern District of Texas
  • USDC, District of Kansas
  • U.S. Court of Appeals, Ninth Circuit

Education

  • University of Missouri-Columbia School of Law, J.D., 1993
    • Note and Comment Editor
    • Missouri Law Review
    • Order of the Barristers
    • Board of Advocates
    • Teaching Assistant, Legal Research & Writing
  • Southwest Baptist University, B.S. 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
  • Association of Defense Trial Attorneys
  • Defense Research Institute
    • Member, Product Liability Committee
    • Member, Drug & Device Committee (New Member Orientation Subcommittee)
    • Participates in drafting amicus briefs
  • Kansas Bar Association
  • Kansas City Metropolitan Bar Association
  • Missouri Organization of Defense Lawyers
  • State Bar of Missouri

Publications

  • Author: “The Effect of Recent First Amendment Case Law and FDA Guidance on Off-Label Marketing Claims and Behaviors", ABA Section of Litigation Pharmaceutical, Medical Device and Biotech Subcommittee of the Products Liability Committee Regional CLE Workshop (October 2017)

Presentations

  • Speaker: "Getting to Yes: More Than Just a Number", MoBar CLE, ADR Workshop (October 2019)
  • Panelist: “Cybersecurity of Insulin Pumps—My Experience with Hackers”, Environmental & Energy, Mass Torts and Products Liability Committees' Joint CLE Seminar (January 2018)
  • Panelist: “The Effect of Recent First Amendment Case Law and FDA Guidance on Off-Label Marketing Claims and Behaviors", BA Section of Litigation Pharmaceutical, Medical Device and Biotech Subcommittee of the Products Liability Committee Regional CLE Workshop (October 2017)

Results