Mary Catherine Way
Mary Catherine Way is a trial lawyer with years of experience defending healthcare providers against allegations of medical malpractice and representing manufacturers in mass tort and product liability litigation. She has entered her appearance as counsel for drug and device manufacturers in numerous states to take and defend depositions and to prepare fact and expert witnesses for deposition and trial. Years of defending wrongful death and catastrophic injury claims has allowed her to develop the skills essential for working with experts in a variety of specialties related to causation and damages, and she has carved out a special niche for preparing current and former employees for deposition regarding key documents such as medical charting and information related to sales and marketing. She has assisted clients with investigations initiated by the State’s Attorney General and complaints brought by state licensing agencies. She also routinely handles contract disputes involving insurance coverage, including motions practice at the state and federal court level.
- Successfully tried cases to defense verdict in federal and state court jurisdictions in actions involving allegations of medical malpractice.
- Member of trial team that secured multiple defense verdicts in multidistrict litigation against a major pharmaceutical company involving hormone replacement therapy.
- Served as work-up counsel in multidistrict litigation involving claims against manufacturer of a statin medication proven to lower cholesterol, including assisting with the bellwether selection process, taking depositions of fact witnesses and supporting trial team with trial preparations related to the first two bellwether trials, which were ultimately dismissed under Daubert.
- Served as work-up counsel and member of science team for multidistrict litigation involving claims against drug manufacturer of an anticoagulant medication, including selection and retention of expert witnesses and taking and defending expert witness depositions; member of trial team for third bellwether trial which resulted in a verdict for the defense.
- Work-up counsel and member of trial team for a medical device manufacturer in a nationwide litigation involving adverse event reporting and allegations tied to marketing the product; retained, developed, deposed and defended fact and expert witnesses.
- Represented long-term care facility in Medicaid fraud investigation brought by the State’s Attorney General.
- Pre-litigation counsel for in-state and out-of-state nursing home clients, including assistance with claim investigations and pre-suit evaluations.
- Argued before the Eighth Circuit Court of Appeals in matter involving USDA.
- Served as a law clerk to the Honorable Mary Ann Gunn and helped implement the first Drug Court Program in Washington and Madison County, Arkansas.
- Mid-South Super Lawyers Rising Star: Personal Injury Products Defense (2013-2020)
- Graduate, International Association of Defense Counsel (IADC) Trial Academy
- Soiree Woman to Watch (2011)
- Defense Research Institute (DRI)
- International Association of Defense Counsel (IADC)
- Diversity, Equity and Inclusion Committee, Membership Chair
- Arkansas Bar Association
- Pulaski County Bar Association
- ASU Women's Business Leadership Center Founder's Circle
- Board of Directors, Women's Own Worth
- Co-Chair, Mitchell Williams Litigation Practice Group
- Member, Mitchell Williams Recruiting Committee
- Member, Mitchell Williams Strategic Planning Committee
- Assisted in pro bono matters on behalf of the Innocence Project
- Assisted in pro bono matters on behalf of the Lawyers’ Committee for Civil Rights Under Law
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