Theodore B. Wacker
Phone: 949-720-1288
Fax: 949-720-1292
19 Corporate Plaza
Newport Beach, California 92660
Ted Wacker is a partner with the firm and has been a trial attorney involved in litigating cases for the past 19 years. He specializes in catastrophic injury cases including individual personal injury cases involving accidents, medical malpractice, elder abuse as well as mass tort pharmaceutical and medical device cases.
Mr. Wacker has been involved in numerous multi-million dollar trials. Recently, he was co-lead counsel with Dan Robinson of the firm in the case of Poole v. Picazo which involved a disputed liability motorcycle versus automobile accident that left the plaintiff a paraplegic at the age of 25. The jury returned a verdict in November 2010 for $14.5 Million and found the defendant 100% responsible. This verdict was recently featured in the 2010 The Daily Journal – Top Verdict in California.
In addition, in August 2010, Mr. Wacker was co-counsel with Kimberly Valentine in the case of Lefforge v. St. Edna, Orange County Superior Court, before the Honorable Gregory H. Lewis, in which the jury awarded $3.1 Million as well as punitive damages against St. Edna. Briefly, the case involved allegations of medical malpractice and Adult Dependet Elder Abuse involving a patient Barbara Lefforge who was administered an overdose of Morphine resulting in anoxic brain injury. The case resolved for a confidential settlement amount prior to the punitive damage phase of the trial. The case was featured in an article by the Orange County Register.
Mr. Wacker was also intimately involved in the Vioxx litigation on a national level following the removal of the drug on September 30, 2004 due to an increase risk of cardiovascular accidents. He is currently a member of the Vioxx MDL Science and Expert Committee. In August 2006, Mr. Wacker was a member of the trial team in the Vioxx case of Barnett v. Merck, which resulted in a $51 million verdict against Merck. In November 2007, Merck agreed to resolve all individual Vioxx cases for a global settlement amount of $4.85 Billion.
He has previously been a member of the Federal Multi-District Rezulin litigation Science and Expert Committee. In addition, Mr. Wacker has previously served on the Science and Expert Committees of both Baycol and Zyprexa at the state and national-MDL levels. The firm successfully resolved all Rezulin, Baycol, Zyprexa and Vioxx cases with multi-million dollar settlements.
He received a Juris Doctorate degree from the University of San Diego School of Law in 1991, where he received American Jurisprudence Awards in Products Liability and Creditors' Remedies. During law school, he served as a judicial extern in the California Court of Appeal, Fourth Appellate District, Division One, for the Honorable Patricia Benke.
Mr. Wacker is licensed to practice by the State Bar of California and the United States District Court for the Central and Southern Districts of California. He is a member of the American Bar Association, California Bar Association, American Association of Justice (AAJ), Consumer Attorneys’ of California (CAOC), Orange County Bar Association and has been on the Board of Directors of the Orange County Trial Lawyers’ Association (OCTLA) for the past 6 years and a member of the Executive Committee for the past 3 years and currently the Third Vice President.
Education
J.D., University of San Diego School of Law, 1991
Honors: American Jurisprudence Awards in Products Liability and Creditor's Remedies
Bar Admissions
CaliforniaU.S. District Court Central District of California
U.S. District Court Northern District of California
Published Works
"Baycol: Another ill-fated drug removed from the market by the FDA", Journal of the Consumer Attorney's Association for Southern California, Advocate, April/May 2002
“Merck played Dodgeball' in Marketing Vioxx to Consumers”, Journal of the Consumer Attorney's Association of Southern California, Advocate, September 2005
"Defeating a Kelly-Frye Challenge", the Orange County Trial Lawyer's magazine, the Gavel, in 2006.
Presentations
Mr. Wacker has lectured at various conferences in the area of pharmaceutical litigation including the following: ATLA Mid-Winter Conference in Maui, Hawaii, February 2003 entitled, "Rezulin: Proving the Silent Injury Case"; Mealy's Baycol Litigation Conference, Houston, Texas, January 2004; Harris Martin Drug Litigation Conference, Philadelphia, January 2005; Harris Martin Drug Litigation Conference, April 2005, in West Palm Beach, Florida and the CAOC annual convention in Los Angeles in 2006 and ATLA's Litigation at Sunrise in Hawaii in 2006. In 2007, he also spoke with a panel of other trial attorneys at the Mealy's Vioxx litigation conference in Key Biscane, Florida.