Derek C. Smith

Derek Smith is a partner in the law firm of Wildman Harrold. Derek counsels and defends national and international corporations in multi-district commercial litigation matters in both federal and state courts throughout the United States. His primary emphasis is in the areas of toxic torts and drug and medical device litigation, with much of his time spent defending class action and mass tort claims for companies such as Honeywell International, Inc., Koppers Inc., Beazer East, Inc., Aristech Chemical Corporation, and Wyeth. In addition to being a talented litigator, Derek is also a skilled coordinator with extensive experience in managing a company’s multifaceted national litigation strategy. With hundreds of millions of dollars at stake in some of these matters, as well as the client’s reputation and viability, Derek brings to each case an in-depth understanding of the business, the science, and the law in order to create the most effective strategy that fits the business objectives of each client.

Representative Experience:

Successfully represents chemical industry clients in class action and mass tort exposure matters throughout the United States involving alleged exposure to chromated copper arsenate (“CCA”), creosote, pentachlorophenol, dioxins, furans, coal tar, coal tar pitch, perchloroethylene, and/or coke oven emissions. Obtained a favorable jury verdict after a two week trial. Favorably settled and/or obtained dismissals of other cases.
As national counsel, coordinates and manages national litigation strategy for major pharmaceutical and medical device manufacturers in multifaceted local and nationwide product liability lawsuits, including the defense of pending multi-district litigation involving two leading diet drugs
Represents national product manufacturers in high-stakes litigation throughout the United States involving allegations of personal injury from design, manufacturing, and warning defects
Represents and counsels various commercial and corporate clients on contractual and other business-related matters throughout the United States, including contract negotiation, alternative dispute resolution, and claims handling
Extensive experience in the retention, preparation, presentation, and cross-examination of experts in various fields of science and medicine, including toxicology, epidemiology, industrial hygiene, and occupational medicine; active management of various local counsel, the coordination of discovery and trial strategies among multiple lawsuits, and the budgeting and management of litigation costs for multiple clients

Publications And Presentations:

Co-Author, “Guilty before Proven Innocent?: Medical Monitoring of Asymptomatic Plaintiffs,” For the Defense, Defense Research Institute, April 2006.
Speaker, “Erin Brockovich: Defending a Medical Monitoring Claim” Drug and Medical Device Litigation: Anatomy of a Drug or Medical Device Trial presented by DRI’s Drug and Medical Device Committee, San Francisco, CA.
Contributing author, 50 State Survey of Medical Monitoring, A Report of the Pharmaceuticals and Biologicals Subcommittee of the Products Liability Committee, American Bar Association, Section of Litigation, James F. Rogers, Ed., 2001.

Professional Associations:

Defense Research Institute

Young Lawyers’ Liaison Chairman to the Defense Research Institute’s Drug and Medical Device Committee

Bar Admissions:

Illinois (1999)

Ohio (1998) (inactive)

U.S. District Court for the Northern, Central and Southern Districts of Illinois

U.S. District Court for the Northern and Southern Districts of Ohio

Personal Information:

Derek serves as pro bono counsel for Hobson Cooperative Nursery School in Naperville, Illinois.

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