Robert J. Drakulich is a trial lawyer and partner at THE DRAKULICH FIRM, APLC, with offices in San Diego, California and Reno, Nevada. Mr. Drakulich’s primary practice is in the areas of product liability, personal injury, wrongful death, and medical device/ pharmaceutical drug mass torts. Mr. Drakulich also practices in the areas of class actions, nursing home abuse, airplane/helicopter crash, business litigation, and mesothelioma/asbestos cases. Mr. Drakulich is licensed to practice law in California, Nevada, Minnesota, and Washington D.C. and is admitted to practice before the Second Circuit Court of Appeals.

Mr. Drakulich has actively participated as a member of the trial team on several multi-million-dollar cases. Together with his father, Mr. Drakulich has helped attain hundreds of millions of dollars for the firm’s mass tort clients. In addition to his work on the firm’s mass tort practice, Mr. Drakulich has also helped secure substantial verdicts and settlements on behalf of the firm’s single event cases.

Mr. Drakulich was honored to be appointed to the Plaintiff Steering Committee (PSC) in In re: Elmiron (Pentosan Polysulfate Sodium) Products Liability Litigation, MDL No. 2973, by the Hon. Brian R. Martinotti of the United States District Court, District of New Jersey and has been a key team member re: the depositions in the case as well as the science and efficacy of the drug.

Mr. Drakulich has extensively worked in Multidistrict Litigation (MDL) settings in nationally prominent Multi-District Litigations (MDL’s) against the world’s largest pharmaceutical and medical device corporations. In addition to In re: Elmiron, Mr. Drakulich has worked at the direction and request of lead counsel in other MDL cases, including In Re: Actos (Pioglitazone) Products Liability Litigation, MDL No. 11- 2299 (United States District Court, Western District of Louisiana) and In Re: Incretin Mimetics Product Liability Litigation, MDL No. 2452, (United States District Court, Southern District of California). Mr. Drakulich has also worked on various state court coordinated proceedings, including cases in St. Louis, Missouri and the California Judicial Council Coordination Proceedings (JCCP).

Mr. Drakulich is thankful to be an invited speaker at over twenty five legal seminars across the country, including for years at the prestigious Annual Class Action / Complex Litigation Symposium held in New Orleans, Louisiana regarding the topics of federal preemption, the intersection of science and law, and the new standards for personal jurisdiction. Mr. Drakulich has also been an invited speaker at numerous HarrisMartin MDL Conferences, including in Chicago, Los Angeles, Napa, New York, San Diego, San Francisco, Seattle, St. Louis, Tucson, Philadelphia, and Washington, D.C., speaking on emerging tort litigation and other specialized topics in complex litigation.

Mr. Drakulich is grateful for the awards and distinctions that he has received throughout his career, including: the National Trial Lawyers Top 100 Civil Plaintiff Lawyers in California as well as previously Top 40 under 40 by the National Trial Lawyers, Super Lawyers Rising Star in both California and Nevada, AVVO’s highest rating of “Superb” (10.0 out of 10), and the Top 100 Attorneys in the State of Nevada by America’s Top 100 Attorneys.

Mr. Drakulich graduated (cum laude) from the University of San Diego School of Law. Before entering law school, Mr. Drakulich was a high school teacher and working artist. He graduated (cum laude) with a B.A. degree from the College of Creative Studies at the University of California, Santa Barbara. Mr. Drakulich endeavors to employ his creative skills and teaching background in law. Much like art, when handling a client’s case, Mr. Drakulich looks at it from every angle, reduces it to the simplest form and tries to think of the most compelling method to convey it to an audience.

Bar Admissions

  • The State of Nevada (2010)
  • The State of California (2011)
  • The State of Minnesota (2014)
  • The District of Columbia in Washington D.C. (2014)
  • U.S. District Court for the District of Nevada
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. Court of Appeals for the Second Circuit

Education

  • J.D., cum laude, University of San Diego, School of Law (2010)
  • B.A., cum laude, University of California, Santa Barbara (2004)

Speaking Engagements

  • Invited Speaker at the 5th Annual Western Alliance Bank Class Action Law Forum In Collaboration with the University of San Diego School of Law on a panel re: Assessing the Viability off a Mass Tort Litigation, including the topics scope of damages, number of claimants, causation and confounders, the science and Daubert, Preemption, Jurisdiction and venue selection, and state versus federal court – San Diego, CA 2023
  • Invited Speaker at HarrisMartin’s MDL Conference: Updates and Challenges Facing Current High Stakes Mass Tort Litigation, presenting on a panel re: Selection of Plaintiff and Defense Steering Committees, including judicial drilldown on financial arrangements, diversity, and Checking All of The Skill Set Boxes from Discovery to Appeal – Philadelphia, PA, 2023
  • Invited Speaker at HarrisMartin’s MDL Conference: Managing Mass Torts, Key Litigation Updates and Lessons Learned, presenting on the recent developments in the Elmiron MDL – Tucson, AZ, 2023
  • Invited Speaker at Mass Torts Puerto Rico, presenting on a panel re: Navigating “Game Over” Developments, including Daubert, Preemption, Lone Pine Orders, Statute of Limitations and Statutes of Repose – San Juan, Puerto Rico, 2023
  • Invited Speaker at HarrisMartin’s MDL Conference: The Current Mass Tort Landscape, presenting on a panel re: Game Changing Rules, including Jurisdiction, Preemption, Lone Pine Orders, and Proposed Amendments to the Federal Rules – St. Louis, MO, 2022
  • Invited Speaker at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation, Current Activity and Developing Trends, (postponed due to Covid-19), San Francisco, CA, 2020
  • Invited Speaker at 19th Annual Class Action/Complex Litigation Symposium sponsored by the Louisiana State Bar Association re: on a panel discussing the topic of Game Changing Rules as well as a panel discussing the topic of Managing MDLs and Mass Torts with the Assistance of Special Masters – New Orleans, LA, 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: The Significance of Proposed Rule Changes in MDL Procedures & Valsartan, presenting on a panel regarding the Rule 30(b)(6) Proposed Changes as well as a panel regarding Personal Jurisdiction in the Post-BMS World – Miami, FL, 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: Critical Developments in Mass Torts, MDLs, and Game-Changing Jurisprudence re: the topic of Instructive Guidance for Navigating Today’s Mass Tort Landscape II, including ESI (Artificial Intelligence/Predictive Coding, Digital Production, Litigation Funding, Proposed Disclosure Requirements and Ethical Rules – New Orleans, LA, 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: An Analysis of Today’s Mass Tort Landscape, presenting on Bellwether Selection Process, Mock Trials and Focus Groups – Washington D.C., 2019
  • Invited Speaker at HarrisMartin’s MDL Conference: Current Mass Torts from E-Discovery Through Exit Strategies – Navigating “Game-Changing” Dynamics, presenting on Recent Developments in Game Changing Dynamics including Jurisdiction, Preemption, Daubert, as well as presenting on Interacting with Special Masters & Complex Litigation: Ethical Conundrums – New York, NY, 2018
  • Invited Speaker at 18th Annual Class Action/Complex Litigation Symposium sponsored by the Louisiana State Bar Association re: the topic of Vanishing MDLs and Procedural Modifications – New Orleans, LA, 2018
  • Invited Speaker at HarrisMartin’s MDL Conference: The Mass Tort Litigation Landscape – A Critical Analysis, presenting on Complex Litigation: Ethical Conundrums, including Aggregate Settlements, Technology Skills, Reasonable Cyber Security Steps, Social Media, Litigating Outside the Court, the Chilling Impacts of Blogs and Identification of Alleged “Judicial Hell Holes” – Napa, CA, 2018
  • Invited Speaker at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation, presenting on Ethics Associated with Complex Litigation, including Aggregate Settlements, Competing Allegiances, Loyalties Owed to the Court, and Developing Social Media Rules – Chicago, IL, 2018
  • Invited Speaker at HarrisMartin’s MDL Conference: Opioid, Equifax & Talcum Powder, presenting on the Jurisdictional Landscape Post-SCOTUS Bristol-Myers Decision – St. Louis, MO, 2017
  • Invited Speaker at 17th Annual Class Action/Complex Litigation Symposium sponsored by the Louisiana State Bar Association re: the topic of Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2017
  • Invited Speaker at HarrisMartin’s MDL Conference: Personal Jurisdiction and PPI Litigation Agenda, on a panel discussing BMS – Personal Jurisdiction: How Did We Get Here, Where Are We Now and What Do We Do Next? With Plaintiff and Defense Perspectives – Marina Del Rey – Los Angeles, CA, 2017
  • Invited Speaker at HarrisMartin’s MDL Conference, on a panel discussing State of Preemption in Drug Cases: Levine, Mensing and Beyond – Seattle, WA, 2016
  • Invited Speaker at HarrisMartin’s MDL Conference: ‘Bet-the-Company’ Mass Tort Litigation, on a panel discussing Complex Litigation Gumbo including: Preemption, Deposing CEOs and Addressing Apex Defenses, Spoliation, Satellite Testimony at Trial, and Confidentiality and the Associated De-Designation of Documents – Chicago, IL, 2016
  • Invited Speaker at 16th Annual Class Action/Complex Litigation Symposium sponsored by the Louisiana State Bar Association re: Bellwether Selection Process, Multi-Plaintiff Trials, Apex Depositions, and Satellite Testimony – New Orleans, LA, 2016
  • Invited Speaker at HarrisMartin’s MDL Conference: Morcellator, Fluoroquinolone (FLQ) and Invokana Litigation re: the topic of INFUSE – New York, NY, 2015
  • Invited Speaker at HarrisMartin’s MDL Conference: Zofran, Bard IVC and Zimmer Persona Knee Litigation re: the topic of Medtronic Infuse Litigation Update – San Francisco, CA, 2015
  • Invited Speaker at HarrisMartin’s MDL Conference: Xarelto, Morcellators and Emerging Torts re: the topic of INFUSE Bone Graft – San Diego, CA, 2015
  • Invited Speaker at 15th Annual Class Action/Complex Litigation Symposium sponsored by the Louisiana State Bar Association re: the Intersection of Science and Law – New Orleans, LA, 2015
  • Invited Speaker at 14th Annual Class Action/Complex Litigation Symposium sponsored by the Louisiana State Bar Association re: the topic of Recent Preemption Activity; Drugs, Devices, & Generics – New Orleans, LA, 2014

Recent Single Event Cases

  • As lead trial counsel, Mr. Drakulich successfully represented one of the largest plaintiff law firms in the country in a hundred-million-dollar fraud case.  Mr. Drakulich won the case in the District of Nevada as well as a second action filed in the Southern District of New York.  Finally, Mr. Drakulich won the appeal to the Second Circuit Court of Appeals.
  • As lead trial counsel, Mr. Drakulich successfully represented a woman who tragically developed rectal cancer from taking a prescription diet pill.  This case reached a confidential settlement prior to going to trial.
  • As lead trial counsel, Mr. Drakulich successfully represented the family of a man who had a modular artificial hip implanted that disarticulated (i.e. came apart at the modular joint) on three different occasions, which led to multiple revision surgeries that caused a severe infection and ultimately his death.  A month before trial, this case reached a confidential settlement.
  • As co-lead trial counsel, Mr. Drakulich successfully represented a railroad engineer who suffered a mild traumatic brain injury (which injury was disputed) in a slip and fall case. At the end of the case, the jury returned a gross verdict of three quarters of a million dollars, which was over 10 times the final settlement offer made by the Defendant before trial.
  • As lead trial counsel, Mr. Drakulich successfully represented the family of a disabled man who was living in a a skilled nursing facility who developed stage four bedsores leading to an infection, uncontrolled weight loss, an above the knee leg amputation, and tragically his death. Two months before trial, this case reached a confidential settlement.
  • Mr. Drakulich was one of the core members of the trial team that successfully represented numerous patients who tragically contracted the deadly Hepatitis C virus after getting what they thought would be a routine colonoscopy at a local endoscopy center. The doctors at the endoscopy center were alleged to have recklessly double dipped their needles into extra-large vials of the anesthesia. These extra-large vials were only intended for use of a single patient when he or she had to be sedated overnight. However, it was cheaper to buy (and sell) the extra-large vials than multiple small ones. Patients were seriously harmed as a result. The manufacturer of the anesthesia was alleged to be aware of the doctors’ practice, yet nonetheless continued to sell to them anyway. This led to the largest outbreak of Hepatitis in the history of our country and the primary doctor being criminally prosecuted and convicted.
  • Mr. Drakulich was one of the lead lawyers who successfully represented a hotel guest who alleged to have been taken hostage and raped by the hotel’s security guard. Prior to being employed at the hotel, the security guard had posted sexually hostile messages on his publicly accessible social media accounts thereby creating a case of first impression as to the employer’s duties to investigate social media postings.  The case settled for a confidential amount prior to the filing of the action.
  • Mr. Drakulich was one of the core members of the trial team that successfully represented the families of five highly decorated and distinguished rescue soldiers who, during a nighttime training mission, tragically died in a helicopter crash after striking unmarked power lines. On the eve of trial, this case reached a confidential settlement.

Awards and Distinctions

  • Recognized as one of the Top 100 Civil Plaintiff Trial Lawyers in the State of California by The National Trial Lawyers (2022-2023)
  • Recognized as one of the “Top 40 under 40” Civil Plaintiff Trial Lawyers in the State of California by The National Trial Lawyers (2017 – 2021)
  • Recipient of “Top Rated Products Liability Attorney” Distinction in Reno, Nevada and Awarded Mountain States Rising Star by Super Lawyers (2016 – 2022)
  • Recipient of “Top Rated Business Litigation Attorney” Distinction in San Diego, California and received San Diego, California’s Rising Star Award by Super Lawyers (2017 – 2022)
  • Awarded “Superb Rating” (10.0 out of 10.0) by AVVO’s Lawyer Ranking System (2015 – 2023)
  • Recognized as one of the Top 100 Attorneys in the State of Nevada by America’s Top 100 Attorneys (2017 – 2023)

Practice Areas

  • Products Liability
  • Personal Injury/Wrongful Death
  • Mass Torts
  • Class Actions
  • Defective Medical Devices
  • Dangerous Pharmaceutical Drugs
  • Mesothelioma / Asbestos
  • Car and Trucking Accidents
  • Airplane / Helicopter Crashes
  • Business Litigation
  • Whistleblower / Qui Tam Actions
  • Medical Malpractice
  • Nursing Home Abuse
  • Federal Employer’s Liability Act (FELA)