Mekdeci v. Merrell National Laboratories

Elizabeth Mekdeci (plaintiff) filed suit against Merrell National Laboratories (Merrell) (defendant) on behalf of herself and her son, David, after David was born with several birth defects that Mekdeci believed resulted from an anti-nausea drug manufactured by Merrell called Bendectin that Mekdeci ingested during her pregnancy. After researching the drug herself, Mekdeci retained California-attorney Melvin Belli to represent her against Merrell. At Belli’s referral, Mekdeci also retained Florida attorneys Gerald Tobin, Arthur Cohen, and George Kokus, as well as Washington, D.C. attorney Allen Eaton. The matter went to trial, and after weeks of jury deliberations, Mekdeci was only awarded $20,000 for David’s medical expenses. Mekdeci successfully moved for a new trial. Prior to the new trial, Mekdeci’s attorneys publicized Mekdeci’s verdict as a win, in an auspicious attempt to attract other Bendectin-related clients. After obtaining the new cases, Mekdeci’s attorneys moved to withdraw from Mekdeci’s case three times, but Mekdeci strongly opposed the motions and argued against delay of the trial each time. In their final motion to withdraw, the attorneys alternatively sought to continue or stay Mekdeci’s case. The court denied all motions to withdraw or delay the matter for failure of the attorneys to demonstrate grounds, and Mekdeci’s case went to trial for the second time, resulting in a verdict for Merrell. Prior to the trial, Mekdeci’s attorneys made multiple statements in the press and in other lawsuits indicating that their other Bendectin cases were far stronger and likely more lucrative than Mekdeci’s. Mekdeci appealed the second verdict and argued, contrary to her prior assertions, that the court erred by denying the motions to withdraw.