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Gordon Rhea Wins USVI Bar Association’s Highest Honor

RPWB of counsel attorney Gordon Rhea was honored with the highest award during the Virgin Islands Bar Association’s annual meeting on December 8, 2023. The award ceremony highlighted Rhea’s dedication to the legal profession and his commitment, dedication and valuable contributions to the people of the Virgin Islands.

The Winston A. Hodge Award for Public Service was established by the Board of Governors in 1997 to commemorate the exemplary legacy of Winston A. Hodge, a distinguished member who embodied the values of community service, commitment, and dedication to the legal profession. Known as the “Dean” of the Bar, Winston A. Hodge made significant contributions to bar activities and left a mark on the legal community.

The recipients of the award are individuals who have demonstrated the same ideals and commitment that the late Attorney Hodge stood for. By honoring those who follow in his footsteps, the award continues to celebrate and preserve the spirit of public service within the Virgin Islands legal community.

Rhea has handled a variety of complex civil and criminal cases in the U.S. Virgin Islands, including toxic torts, abusive tax shelters, business disputes, class actions and white-collar criminal matters. He splits his time between the islands and Mount Pleasant, S.C.

Outside of his legal practice, Rhea is an award-winning historian who has written eight books about the Civil War and Reconstruction.

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    RPWB Represented a Whistleblower who Helped the Federal Government Recoup $1.7 million

    ORLANDO, Fla. – The federal government has recouped $1.7 million from a healthcare provider who fraudulently billed Medicare and TRICARE for medical procedures that were not deemed necessary and were performed by an unqualified technician.

    In the settlement agreement, Jena Medical Group LLC, as well as several individuals associated with the company, have agreed to repay federal payments to resolve allegations that they violated the False Claims Act by submitting the claims for radiofrequency ablations.

    The case began with a whistleblower action brought by a former employee of the company. The whistleblower was represented by RPWB attorneys Chris Tuck, Bobby Wood and Chuck Dukes.  The investigation revealed that the company billed Medicare and TRICARE for radiofrequency ablations that were not medically necessary and were performed by an unqualified technician from January 2018 to December 2020.  Jena Medical also permitted the washing and re-use of catheters that were designed for a single use, thus putting the patients at unnecessary risk.

    By law, people with information about fraudulent claims submitted to the government for payment can sue under qui tam, or whistleblower, provisions of the False Claims Act. The act allows such whistleblowers to share in the government’s recovery.

    “The False Claims Act gives an additional incentive for people to report fraud perpetrated against taxpayers,” said RPWB attorney Chris Tuck. “In this case, the relator was able to help the federal government recoup a significant amount of money and share in the proceeds. We urge anyone with first-hand knowledge of fraud perpetrated against the federal government to consult with an attorney at RPWB for a confidential case review.”

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      Local Non-Profit to Receive $500,000 to Help Low Income Households Save Money on Power Bills

      CHARLESTON, S.C. – A local energy conservation non-profit will receive nearly $500,000 to help low income residents in Berkeley, Georgetown and Horry counties conserve energy and save money on energy bills.

      The Sustainability Institute will receive $484,345.89 in unclaimed monies from the 2021 settlement of the class action lawsuit Hearn v. Santee Cooper. The case was filed in 2017 on behalf of Santee Cooper ratepayers who paid increased and improper utility rates in connection with Santee Cooper’s cancelled construction of a coal-fired generation facility at the Pee Dee Energy Campus.

      As part of the settlement agreement, 50 percent of any unclaimed funds are earmarked for energy assistance to low income individuals. The remaining 50 percent will be distributed to the South Carolina Bar Foundation to support activities and programs promoting access to the civil justice system for low income residents of South Carolina.

      After vetting several organizations, attorneys representing the ratepayers selected the Sustainability Institute to provide a variety of services that will help low income residents reduce their electrical usage.

      The Sustainability Institute will utilize the funding to:

      • Provide 750 to 1,000 households with energy conservation education through in-person and online community workshops;
      • Conduct comprehensive energy audits, including diagnostic performance testing, for 150 households;
      • Perform meaningful weatherization upgrades to 150 households;
      • Serve between 30 and 60 households in need of more extensive home performance upgrades; and
      • Replace HVAC systems for at least five households

      “The Sustainability Institute is delighted to receive this funding to assist Santee Cooper customers with energy improvements to their homes and other services that will reduce energy bills,” said Bryan Cordell, director of the Sustainability Institute. “With 1 in 4 families across our region facing energy insecurity, this is a great opportunity to help families conserve energy and generate ongoing savings at a time when so many people need this help.”

      Attorneys at RPWB, along with co-counsel, filed the class action in 2017. The utility ultimately settled the litigation in March 2021 and the funds were then distributed to eligible class members. Some class members never claimed their funds or were unable to be located, leaving this leftover amount that is to be donated to the Sustainability Institute and to the South Carolina Bar Foundation.

      “Now that all eligible class members have received their settlement, these unclaimed funds will be put to good use,” said RPWB attorney TAC Hargrove. “We are excited by what this money will allow the Sustainability Institute to do and the lasting impact it will make. This funding will help low income households lower their power usage and save money on their power bills for years to come.”

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        RPWB Announces the Passing of J. David Butler

        It is with great sorrow and heavy hearts that we announce the passing of our friend, colleague and law partner, J. David Butler on September 30, 2023, after a valiant three-year battle with cancer. He was a friend to all and was, quite simply, the nicest guy one could have the pleasure of knowing.

        Dave devoted his 30-year legal career to representing individuals across the country who suffered harm from corporate wrongdoing. Dave was a fierce advocate for asbestos and mesothelioma victims and was known for his compassion, integrity and dedication to his clients and their loved ones. Over the last three years, Dave selflessly and bravely continued helping other families seek justice as he underwent cancer treatments himself.

        Above all, Dave was a kind and generous family man who put his loved ones and friends before himself. He had no love greater than that for his wife, Kim, and three daughters – Elizabeth, Hannah and Rebecca. He was a passionate Florida State fan and was most at home when grilling for his family on game day.

        Working with and knowing someone like Dave is a rare gift, and he will be missed tremendously at RPWB. We send our love and condolences to his family and many friends.

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          17 RPWB Attorneys Selected for Best Lawyers in America List

          MOUNT PLEASANT, S.C – Seventeen RPWB attorneys were selected for the 2024 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action, qui tam and medical malpractice litigation.

          This marks the seventh consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for class action & mass tort litigation.

          RPWB member Kim Keevers Palmer was selected as Lawyer of the Year in Charleston for mass tort and class action litigation. Christiaan Marcum was Lawyer of the Year in Charleston for his product liability work.

          Additionally, three RPWB attorneys were selected for the “Ones to Watch” category that is reserved for younger, up-and-coming lawyers.

          Here is the full list of RPWB attorneys on the 2024 edition of The Best Lawyers in America®:

          Jena L. Borden

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          James C. Bradley

          • Litigation – Antitrust
          • Mass Tort Litigation / Class Actions – Plaintiffs

          Michael J. Brickman

          • Antitrust Law
          • Litigation – Securities
          • Mass Tort Litigation / Class Actions – Plaintiffs

          Nina Fields Britt

          • Antitrust Law
          • Mass Tort Litigation / Class Actions – Plaintiffs

          Elizabeth M. Burke

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          J. David Butler

          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Jerry Hudson Evans

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Gregory A. Lofstead

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Christiaan Marcum

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Kim Keevers Palmer

          • Mass Tort Litigation / Class Actions – Plaintiffs

          Charles W. Patrick, Jr.

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Thomas D. Rogers

          • Medical Malpractice Law – Plaintiffs
          • Personal Injury Litigation – Plaintiffs

          A. Hoyt Rowell III

          • Health Care Law
          • Mass Tort Litigation / Class Actions – Plaintiffs

          T. Christopher Tuck

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs
          • Qui Tam Law

          Edward J. Westbrook

          • Mass Tort Litigation / Class Actions – Plaintiffs

          Kenneth J. Wilson

          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Robert S. Wood

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Ones to Watch – Designation for younger attorneys

          D. Charles Dukes

          • Antitrust Law
          • Commercial Litigation
          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Theodore Hargrove II

          • Commercial Litigation

          Matthew A. Nickles

          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

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            Trial Lawyer Deon Tedder Joins RPWB

            Trial attorney Deon Tedder has joined Rogers, Patrick, Westbrook & Brickman, LLC, where he will focus on personal injury, mass torts and criminal defense work out of the firm’s Mount Pleasant and Columbia offices.

            Tedder joins RPWB after working at David Aylor Law Offices for the past five years, where he helped many clients in the Charleston area with personal injury and criminal defense matters. He is honored as a 2022-2023 Rising Star in personal injury litigation by Super Lawyers and as a Top 40 under 40 personal injury attorney by the National Black Lawyers Association.

            “We are thrilled to have Deon join us,” said Nina Fields Britt, managing attorney of RPWB. “He has an outstanding reputation as a trial lawyer and as a person who is genuinely community service-oriented. He brings a lot to the table for his clients and also for our law firm.”

            A resident of North Charleston, Tedder has spent much of his life devoted to public service. He currently serves District 109 in the S.C. House of Representatives and is running for an open seat in the S.C. Senate (District 42). But his interest in being a voice and public servant for the underserved goes back much further.

            While in college, he worked in the office of the late Senator Edward (Ted) Kennedy, where he assisted on the Health, Education, Labor & Pension (HELP) Committee. As a law student at the University of South Carolina School of Law, he advocated for the least fortunate among us by serving as a Guardian Ad Litem for Richland County’s Court Appointed Special Advocates Program (CASA).

            Tedder also represented indigent clients in courtroom proceedings in Magistrate Court through the University of South Carolina’s Criminal Law Practice Clinic. He served as a judicial law clerk to the Honorable L. Casey Manning in Columbia.

            Outside of practicing law, he can be found volunteering at community events, mentoring young students, and advocating for all South Carolinians to have a better quality of life.

            Tedder is a proud graduate of South Carolina State University Honors College and the University of South Carolina School of Law. He is a member of Alpha Phi Alpha Fraternity, Inc.

            In addition to being licensed to practice law in South Carolina, Tedder also is licensed in North Carolina.

            Tedder can be reached at dtedder@rpwb.com or 843-727-6518.

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              Johnson & Johnson Talc Bankruptcy Petition Dismissal is a Win for Mesothelioma and Ovarian Cancer Victims

              mesothelioma attorney Dave Butler

              By Dave Butler

              In a significant victory for injured consumers, the Third Circuit Court of Appeals dismissed the bankruptcy petition of a Johnson & Johnson subsidiary that holds the company’s liabilities for claims brought by thousands of consumers injured by exposure to asbestos-contaminated talc in Johnson & Johnson products.  The dismissal, on January 30, 2023, ends for now J&J’s efforts to avoid full responsibility for the claims of those suffering from mesothelioma, ovarian, and other cancers caused by its asbestos-contaminated products.

              Through a series of corporate transactions under a unique Texas law, Johnson & Johnson created two new entities with the intention to funnel its liabilities for claims brought by thousands of injured talc claimants into a new entity which it named LTL Management; while simultaneously funneling all of its profitable business into another entity.  Two days after its formation and freshly saddled with J&J’s talc liabilities, LTL Management filed a petition under Chapter 11 of the U.S. Bankruptcy Code claiming that its talc liabilities placed it in financial distress sufficient to allow it to seek the protections afforded by U.S. bankruptcy laws.

              Injured talc victims sought dismissal of the bankruptcy petition, but were denied by a federal court in New Jersey.  Victims appealed that denial to the Third Circuit Court of Appeals, which ruled that the J&J subsidiary had not demonstrated that its petition was filed in good faith and should be dismissed.

              In its opinion the court found that “At base level, LTL, whose employees are all J&J employees, is essentially a shell company “formed,” almost exclusively, “to manage and defend thousands of talc-related claims” while insulating at least the assets in a non-bankrupt entity.  The court went on to find that “Because LTL was not in financial distress, it cannot show its petition served a valid bankruptcy purpose and was filed in good faith under” the United States Bankruptcy Code.  In conclusion, the court held that:

              Our decision dismisses the bankruptcy filing of a company created to file for bankruptcy. It restricts J&J’s ability to move thousands of claims out of trial courts and into bankruptcy court so they may be resolved, in J&J’s words, “equitably” and “efficiently.” But given Chapter 11’s ability to redefine fundamental rights of third parties, only those facing financial distress can call on bankruptcy’s tools to do so. Applied here, while LTL faces substantial future talc liability, its funding backstop plainly mitigates any financial distress foreseen on its petition date.

              Read the court’s full opinion here.

              RPWB continues to seek justice for victims of exposure to Johnson & Johnson talc products. If you or a loved one has been diagnosed with mesothelioma after exposure to Johnson & Johnson talc products, please call us at u 1-866-594-8765 or fill out the form on this page to begin your case review.

              Dave Butler has 30 years of experience representing mesothelioma victims and their families in cases throughout the United States. He can be reached at 1-866-594-8765 or by emailing dbutler@rpwb.com.

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                U.S. News & World Report: RPWB is a Top National Law Firm for Mass Torts & Class Actions

                CHARLESTON, S.C. — RPWB is incredibly proud to be selected as one of the top national law firms for mass torts and class actions by U.S. News & World Report. RPWB is officially listed as a Tier 1 law firm for such cases, the highest possible designation.

                In addition to the national selection, RPWB also was named as a 2023 U.S. News & World Report Best Law Firm for a number of other regional practice areas. They are:

                Augusta, Ga.

                • Personal Injury Litigation – Plaintiffs
                • Product Liability Litigation – Plaintiffs

                Charleston, S.C.

                • Health Care Law
                • Mass Tort Litigation / Class Actions – Plaintiffs
                • Personal Injury Litigation – Plaintiffs
                • Product Liability Litigation – Plaintiffs
                • Medical Malpractice Law – Plaintiffs

                Columbia, S.C.

                • Product Liability Litigation – Plaintiffs
                • Mass Tort Litigation / Class Actions – Plaintiffs

                St. Louis, Mo.

                • Mass Tort Litigation / Class Actions – Plaintiffs
                • Product Liability Litigation – Plaintiffs

                For a complete roundup of the listings, please click here.

                The announcement by U.S. News followed RPWB’s inclusion on the 2023 Best Lawyers in America list, in which 19 RPWB attorneys were recognized for their work. For the sixth year in a row, RPWB was the top-listed plaintiff law firm in South Carolina for product liability cases and mass tort litigation.

                RPWB attorneys regularly hold leadership positions in national class actions and other mass torts. The firm has leadership roles in both the 3M Combat Arms Earplug MDL, the largest mass tort litigation in U.S. history, and the Aqueous Film-Forming Foams Product Liability MDL.

                RPWB lawyers have been at the forefront of asbestos litigation since the 1970s. Our experienced asbestos lawyers have helped mesothelioma victims in nearly every US state and territory.

                The firm’s usefulness even extends across international borders. RPWB attorneys are foreign legal consultants for six Canadian provinces seeking to recoup public money spent on smoking-related illnesses.

                While RPWB is proud to help large groups of people who have been wronged, the firm remains deeply rooted in work to help individuals after tragedy strikes. RPWB lawyers represent clients in many types of cases, including wrongful death and personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, and pharmaceutical drug and medical device injury.

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                  How Do Camp Lejeune Lawsuits Actually Work?

                  You’ve no doubt seen the ads on television, but did you ever wonder how Camp Lejeune water contamination lawsuits actually work? Our team breaks it down for you.

                  RPWB has filed its first administrative claims with the Navy JAG, the first step in the litigation process under the Camp Lejeune Justice Act. The JAG is tasked with reviewing the initial claim forms. After receiving a claim form, the government has up to six months to make a settlement offer (not likely), reject the claim form as incomplete or deficient, or ignore it altogether (most likely). After the six-month review window has expired, the lawsuit must be filed within 60 days in federal court in the Eastern District of North Carolina.

                  It remains to be seen how the government will handle the administrative claim forms and, specifically, whether it will make reasonable settlement offers. To date, no offers have been made. However, we believe that any settlement offers at the claim-form stage will be low and that most cases will proceed to litigation.  Once cases are filed in the Eastern District of North Carolina, we anticipate cases will move to trial and that the government potentially will use these verdicts to gauge values for future settlements. Given the wide swath of illnesses and diseases involved and that the U.S. Government is the defendant, there will be Camp Lejeune litigation specific intricacies and challenges, including Daubert challenges to scientific and medical experts. It will not be a quick process to litigate these claims. We expect at least a three- to five-year time horizon for the litigation to be meaningfully resolved.

                  In light of these complexities, litigating Camp Lejeune Water Contamination cases will require significant mass tort legal experience. Working with a mass tort law firm with experience representing Veterans and their families will be to your advantage.

                  RPWB attorneys represent Camp Lejeune water contamination victims nationwide. Due to our firm’s involvement in the leadership of the national 3M earplugs litigation and other cases, we have a wealth of experience with the unique complexities of helping current and former military personnel, including the challenges of navigating complex military and Veteran’s Administration records request processes.

                  We would be honored to put our experience to work for you.

                  The main criteria for our Camp Lejeune cases is that the person served, lived, or worked at Marine Corps Base Camp Lejeune, North Carolina, between 1953 and 1987 for at least 30 days and subsequently developed: Parkinson’s disease, end-stage renal disease, kidney cancer, kidney damage, leukemia, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma, scleroderma, systemic sclerosis and major cardiac birth defects. We will also screen additional cancers and health conditions that may have been caused by the contaminated water.

                  Click here to learn more about Camp Lejeune Water Contamination Cases.

                  Start your Camp Lejeune Case Review

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                      With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

                      Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

                      This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

                      RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

                      Beth Burke is personal injury lawyer of the year in Charleston, S.C.

                       

                      Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

                      Mount Pleasant, S.C.

                      Nina Fields Britt – Mass Tort/Class Actions Litigation

                      Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

                      Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

                      Kim Keevers Palmer – Mass Tort/Class Actions Litigation

                      Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

                      Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

                      Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

                      Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

                      Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

                      Ed Westbrook – Mass Tort/Class Actions Litigation

                      Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

                      Charleston, S.C.

                      Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

                      Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

                      Aiken, S.C.

                      Dave Butler – Personal Injury & Product Liability Litigation

                      Ken Wilson – Personal Injury & Product Liability Litigation

                      Edwardsville, Ill.

                      Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

                      Ones to Watch

                      Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

                      • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
                      • Matt Nickles is honored for personal injury and product liability litigation.
                      • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

                      About Best Lawyers

                      Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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