Derek A. Simpson

Mr. Simpson’s civil litigation experience includes successfully representing clients in jury and bench trials and on appeal.

Mr. Simpson has defended manufacturers of physical therapy devices, surgical equipment, ear piercing instruments, and other medical devices in a wide range of product liability claims. Additionally, Mr. Simpson has represented architects and engineers in litigated matters involving central plants, institutional kitchens, fueling facilities, and a broad array of other construction projects. In his environmental practice, he represents clients in cases involving toxic torts and soil and groundwater contamination.

Mr. Simpson’s experience includes representation of clients in business, construction, and products liability litigation. Following are examples of matters that he has recently handled: 

        Recent Representations

• Defended a leading cardiovascular product manufacturer at trial involving a hemostasis introducer sheath. Plaintiff and her husband sought approximately $1.5 million in claim stemming from an atrial flutter ablation procedure. Complications during the procedure required open-heart surgery. Plaintiffs alleged the sheath was defectively designed and manufactured. Jury returned a unanimous verdict in favor of manufacturer.
• Coordinating California-based Nycote Laboratories Corporation’s trademark prosecution in Australia against a Sydney-based company.
• Representing Penn Engineering Components in employment matters, including obtaining workplace violence injunctions and internal investigations.
• Representing a defendant property developer in toxic tort lawsuits brought by over 100 plaintiffs who accuse an engineering and testing company of contaminating the groundwater with TCE and other chemicals at a site located in Norco, California. Exposure is alleged to have occurred due to vapor intrusion into plaintiffs’ homes from the groundwater.
• Represented an insurer in the four-week trial of a bad faith action involving a sound recording studio that was destroyed by a natural gas explosion and fire. The plaintiff claimed the entire $11 million policy and sought to recover punitive and extra-contractual damages.
• Represented numerous medical device manufacturers in commercial law and products liability matters, involving cardiac catheterization products, intense pulsed light devices, surgical equipment, ear piercing equipment, and physical therapy units.
• Represented architects, engineers, and construction companies in numerous contract and negligence cases arising from commercial and residential projects.
• Defended the son of a rheumatologist in a trial involving a seven-figure personal-injury claim where the plaintiff underwent cervical spine surgery and claimed future surgery for thoracic outlet syndrome. The jury awarded no medical damages and the court entered judgment against the plaintiff for over $20,000 in defense costs. The Court of Appeal affirmed the award and the plaintiff paid the judgment in full.