Vicky has 20 years of experience focused on high-stakes product liability and health effects litigation for Fortune 100 companies. She advises clients and trial counsel on the defense and presentation of complex scientific issues at trial and has been a key member of trial teams in state and federal courts. She works collaboratively on many cases as the lone medical and scientific attorney on multi-firm teams. Vicky has a unique and deep understanding of medicine, science and epidemiology that she uses to develop effective strategy and evidence to defend injury causation claims. She has developed key defense arguments on causation using cutting edge genetic and molecular research. She has been at the forefront of new defenses, analyzing genetic mutations that lead to cancer and their relationship to carcinogens as well as pathogen-induced cancers. Vicky also has extensive experience defending mental health and addiction claims.
Vicky’s practice is focused on the intersection between law and science where she develops effective medical, scientific and statistical defense strategies. She focuses on dispositive medical and causation issues that lead to early resolution and minimal settlement amounts. She routinely identifies, develops and prepares expert witnesses across the nation for litigation testimony. Vicky has worked with cardiologists, pulmonologists, pathologists, oncologists, radiologists, urologists, nephrologists, thoracic surgeons, otolaryngologists, epidemiologists, toxicologists, neurologists, psychiatrists and molecular pathologists and has deposed many of these specialists. In addition to product liability cases, Vicky has experience in defending individuals and companies in medical malpractice, hospital credentialing and employment law cases.
Vicky led the Houston office Junior Women’s Management Council (JWMC) for several years. She is a long-time volunteer with the Houston Volunteer Lawyers and has handled many pro bono guardianship proceedings. She also gives her time to perform interviews for the Judicial Intern Opportunity Program (JIOP) with the ABA. She is active in her community and has led fundraising campaigns for the Special Olympics, United Way and her children’s schools.
Representative Matters
Medical and scientific expert counsel for Oregon state court case in which the company’s product was alleged to have caused plaintiff’s head and neck cancer, disfigurement, and limited speaking ability. After directing novel scientific testing, the case was favorably resolved several months before trial. Similar claims made by plaintiffs in New Mexico state court cases were also resolved early and favorably based upon my work and research establishing a pathogen cause for the cancers.
Medical and scientific expert counsel on a trial team for a company in its first trial in Oregon state court whose product was alleged to have caused plaintiff's terminal cancer for which I developed a robust alternative cause defense. After a three-week trial, the plaintiffs’ counsel asked for an award of $22 million in compensatory damages, $2 million in loss of consortium damages and $140 million in punitive damages. The jury awarded $750,000 and no punitive damages.
Medical and scientific expert counsel (limited issue engagement) for a state court case in Hawaii involving the cause of head and neck cancer. I established through research and an expert witness that the cancer was caused by a pathogen and unrelated to the company’s product, which led to favorable resolution.
Medical and scientific expert counsel in New Mexico state court litigation alleging the company’s product was responsible for plaintiff’s lung cancer. After reviewing the exposure history, other risk factors and molecular tests, my experts found that the lung cancer was due to a mutation known to be an independent driver of lung cancer and unrelated to exposure to the company’s product. As a result, the case against the company was dismissed.
Medical and scientific attorney in a state court case in Florida where the company was sued for causing severe vascular disease and likely future amputations. The plaintiff underwent numerous surgeries requiring prolonged hospitalizations memorialized in more than 40,000 pages of medical records. The case ended in a mistrial and the claims against the company were ultimately resolved. Trial against the remaining defendants ended in a multimillion-dollar verdict for the plaintiff.
Medical and scientific issues attorney in at least six other Florida state court cases where the company was sued for cancer and addiction. My client was dismissed during jury selection in two cases. In one of these, the trial against the remaining defendant resulted in more than a $32-million verdict for the plaintiff. Complete defense verdicts were obtained in two other cases and in another case a plaintiff’s verdict was entered but with 98% of fault apportioned to the plaintiff and 0% to my client.
Previously part of the medical and scientific attorney team on behalf of Sulzer, Guidant, Baycol, diet-drug manufacturers (Pondimin and Phentermine) and Astellas.
Publications
Vicky J. Domanowski, co-author, Practical and Ethical Considerations of Relationships With Treating Physicians in Mass Tort Settings, presented at DRI's Drug and Medical Device Litigation Seminar, Chicago, Illinois; May 1997.
Vicky J. Domanowski, co-author, Confidentiality Considerations in The Information Age, Texas Medical Liability Trust Newsletter; August 1995.
Presentations
Presenter and co-author of HB4 and Products Liability Actions, Houston Bar Association, HBA 2004 CLE Seminar, Houston, June 24, 2004.