Douglas P. Dowd

Douglas P. Dowd has practiced law in St. Louis for 47 years. He joined his father, Edward L. Dowd, Sr., and his brothers Edward L. Dowd, Jr. and James R. Dowd in 1978. In 1983, Edward L. Dowd, Sr. and Douglas P. Dowd formed the professional corporation, Dowd & Dowd, P.C. He was awarded the Lon O. Hocker Memorial Trial Lawyer Award from the Missouri Bar Foundation in 1988 in recognition of his “outstanding qualities of professional competence, industry, integrity and courtesy indicative of an able trial lawyer and has by his conduct given evidence of his fidelity to his oath as a lawyer.”

Douglas P. Dowd has argued 11 cases in the Supreme Court of Missouri and has a record of nine wins and two losses. He has also argued cases before the Missouri Court of Appeals for the Eastern District and has handled appeals in the Missouri Court of Appeals for the Southern District. His federal experience includes representing clients in the U.S. District Courts for the Eastern District of Missouri, Southern District of Illinois, Northern District of Alabama, District of Colorado, District of Massachusetts, and the Western District of Washington in Seattle. He is also admitted to practice before the United States Courts of Appeals for the Eighth and Eleventh Circuits.

He has delivered lectures to various legal societies including The Missouri Bar, The Lawyers Association of St. Louis, The Bar Association of Metropolitan St. Louis and the Missouri Association of Trial Attorneys on civil procedure, evidence, trial advocacy, extraordinary remedies, case evaluation, trial problems, cross-examination, closing argument and reconstruction evidence. He specializes in legal malpractice cases and is the President of Dowd & Dowd, P.C.

EDUCATION

• University of Utah, Salt Lake City, Utah. B.A., Psychology, Magna Cum Laude, 1975.
• University of Utah, Salt Lake City, Utah. B.A., English, Magna Cum Laude, 1975.
• St. Louis University School of Law. J.D., 1978.

HONORS AND AFFILIATIONS

• Missouri Bar Lon O. Hocker Outstanding Young Trial Lawyer Award, 1988
• Missouri Lawyers Media Awards (MLMA)
• Plaintiff’s Attorney with the Largest Reported Verdicts and Judgments – 2016
• Plaintiff’s Attorney with a settlement in the top 5 of 2017
• Recognized by “The Best Lawyers in America”
• Recognized by St. Louis Magazine as a St. Louis Region Top Attorney
• Bar Association of Metropolitan St. Louis
• American Bar Association
• Missouri Association of Trial Attorneys
• American Association for Justice
• Lawyers Association of St. Louis

NOTABLE SETTLEMENTS AND VERDICTS IN AREAS OF EXPERTISE

Legal Malpractice

• $9,000,000 - Settlement - Litigation Negligence - failure to properly advise client regarding risks of litigation in construction dispute.
• $7,400,000 – Settlement – trial negligence – the largest reported legal malpractice settlement in Missouri on behalf of the FDIC for failure to move for directed verdict, failure to object to incompetent evidence of lost-profit damages, and failure to properly advise the client regarding settlement value.
• $7,200,000 – Verdict and Judgment – Verdict for actual and punitive damages – failure to disclose conflict of interest between client and lawyer.
• $4,850,000 – Settlement – Negligent failure to properly analyze adversary spouse’s assets during discovery in a dissolution of marriage case.
• $3,000,000 – Settlement – immigration law – Negligent failure to properly process immigration applications.
• $2,500,000 – Settlement – Negligent failure to timely file non-provisional patent application.
• $2,400,000 – Settlement – Negligent failure to timely file non-provisional patent application.
• $2,100,000 – Settlement – Negligent failure to prove affirmative defenses in truck-car crash case by failing to engage the appropriate expert.
• $1,500,000 – Settlement – Negligent failure to properly re-file previous suit in violation of Missouri’s savings statute of limitations resulting in loss of cause of action for personal injuries.
• $890,000 – Settlement – Negligent failure to properly process patent application.
• $750,000 – Settlement – Negligent failure to inform client of applicable law and risks involved in litigation.
• $600,000 – Settlement – estate lawyer’s negligent failure to properly disclose conflict of interest between residuary legatees.
• $450,000 – Settlement – commercial transaction – negligent failure to record security interest held by client in inventory collateral.
• $442,500 – Settlement – trial negligence – failure to properly defend a claim against a bank for cattle rustling by failing to move for directed verdict and failing to file appropriate motions to prevent the imposition of punitive damages.
• $300,000 – Settlement – Patent law – Negligent failure to timely file patent application.
• $300,000 – Settlement – Employment Discrimination – Negligent failure to properly litigate discrimination claims.
• $299,000 – Settlement – Patent law – Negligent failure to properly process patent application.
• $275,000 - Settlement - Litigation Negligence - Negligent failure to properly research, find and assert applicable law.
• $270,000 – Settlement – failure to properly draft trust documents.
• Confidential – Settlement – Negligent failure to have title search performed in property dispute resulting in unnecessary litigation. 

Breach of Fiduciary Duty

• $92,000,000 – Verdict and Judgment – Breach of trust against bank trustee – improper pledging of trust assets as collateral for loan to third party. Douglas P. Dowd and Paul G. Lane of Dowd & Dowd, P.C., were co-counsel with the Dowd Bennett Law Firm in Clayton, Missouri. Confidential settlement after verdict and judgment entered.
• $7,200,000 – Verdict and Judgment – breach of fiduciary/ legal malpractice – Verdict for actual and punitive damages – failure to disclose conflict of interest between client and lawyer.
• $1,500,000 – Settlement – accountant’s failure to disclose conflict of interest.
• $565,000 – Settlement – failure to advise client of conflict of interest between client and lawyer.
• $150,000 – Settlement – Breach of fiduciary duty by stockbroker.

Product Liability

• $44,000,000 – Verdict and Judgment – Co-Counsel in pharmaceutical product liability – failure to warn of risks of serious birth defects from Depakote. Affirmed by Supreme Court of Missouri.
• $12,000,000 – Settlement – Co-Counsel in pharmaceutical product liability – failure to warn of risks of heart injuries from diabetic drug – multiple plaintiffs.
• $4,500,000 – Settlement – Co-Counsel in automobile design defect case, resulting in unintended acceleration.
• $3,850,000 – Settlement – Pharmaceutical product liability – failure to warn of side-effects of diet drug.
• $3,000,000 – Verdict and Judgment – failure to incorporate “deadman’s switch” on 5-ton asphalt roller. Affirmed by Supreme Court of Missouri.
• $2,000,000 – Settlement – Product Liability – Defective Ladder Design.
• $1,500,000 – Settlement – failure to properly maintain a gas-heated, pressurized washer – burn injuries.
• $595,000 – Settlement – Negligent Formulation of Hazardous Substance.
• $500,000 – Settlement – Defective Design of Knee Scooter.
• $350,000 – Verdict and Judgment – failure to warn – shattering safety glasses caused injury to factory worker’s eye. Affirmed by Missouri Eastern District Court of Appeals.
• $300,000 – Settlement – failure to guard nip-point.

Product Liability/SUV Rollovers

• $2,400,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $2,000,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $850,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $750,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $500,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $500,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $375,000 – Settlement –Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $325,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $300,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $225,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $205,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.
• $150,000 – Settlement – Co-Counsel with Tab Turner of Little Rock – vehicle rollover.

Medical Malpractice

• $4,500,000 – Settlement – Medical malpractice/product liability – improper injection of air into intravenous portal, resulting in profound injuries.
• $4,500,000 – Settlement – failure to diagnose and properly manage bacterial endocarditis resulting in profound injuries.
• $3,000,000 – Settlement – failure to properly manage bilirubin levels in newborn, resulting in profound injuries.
• $3,000,000 – Settlement – failure to timely perform Cesarean Section.
• $1,600,000 – Judgment and Settlement – failure to properly treat bed sores, resulting in lower leg amputation of spina bifida patient.
• $870,000 – Verdict and Judgment – Rhoden v. Missouri Delta Medical Center – Supreme Court of Missouri affirmed
• 870,000 judgment from Scott County including $300,000 in punitive damages. Case No.SC98327.
• $500,000 – Settlement – Negligent Failure to Diagnose & Treat Bed Sores.
• $400,000 – Verdict and Judgment – wrongful death claim for negligent release of psychiatric
patient.
• $300,000 – Settlement – negligent reading of x-ray which showed breast cancer.
• $150,000 – Settlement – hospital negligence – patient infected due to improper germ control.

Class Actions

• $85,000,000 - Settlement - Southern District of California against The Scotts Company for violations of RICO, Consumer Protection Laws and Missouri Merchandising and Practices Act.
• $59,000,000 – Settlement – Co-Counsel in consumer fraud class action.
• $41,150,000 - Settlement - Southern District of Illinois against Merrill Lynch for illegal marketing practices.
• $30,000,000 – Settlement – Defended MSD on appeal in class action settlement. Settlement affirmed by Missouri Court of Appeals, Eastern District.
• $11,200,000 – Settlement – Lead Co-Class Counsel – consumer fraud/data breach class action.
• Seresto Litigation - Court appointed member of the Plaintiffs' Executive Committee in an MDL pending in the U.S.D.C for the Northern District of Illinois relating to the illegal marketing of products that contained toxic pesticides - Action stayed for settlement negotiations.

Mass Torts

• $2,475,000,000 - Settlement - Represented multiple plaintiffs in the DuPut ASR Mass Tort Litigation.
• $2,370,000,000 - Settlement - Represented multiple plaintiffs in the Actos Mass Tort Litigation.
• $775,000,000 - Settlement - Represented multiple plaintiffs in the Xarelto Mass Tort Litigation.
• $650,000,000 - Settlement - Represented multiple plaintiffs in the Pradaxa Mass Tort Litigation.
• $600,000,000 - Settlement - Represented multiple plaintiffs in the Trasylol Mass Tort Litigation.
• $250,000,000 - Settlement - Local counsel in the Granuflo Litigation in St. Louis.
• $87,000,000 - Settlement - Represented multiple plaintiffs in the Avandia Mass Tort Litigation.
• $38,000,000 - Verdict and Judgement - Co-Counsel - Birth Injury Cases. Affirmed by the Supreme Court of Missouri.
• Confidential Settlement - Kidney Damage Cases - Represented multiple plaintiffs.
• Confidential Settlement - IUD Cases - Represented multiple plaintiffs.
• Confidential Settlement - Transvaginal Mesh Cases - Represented multiple plaintiffs.
• Confidential Settlement - Birth Defect Cases - Appointed as Co-Class Counsel.
• Confidential Settlement - Liver Damage Cases - Represented multiple plaintiffs.

Miscellaneous

• $10,000,000 – Settlement – Van / Semi-Tractor Trailer Crash – Negligent Failure to Keep a Careful Lookout.
• $6,000,000 – Verdict and Judgment – Co-Counsel – Negligent entrustment – 45-ton switch engine entrusted ti incompetent operators, resulting in amputations. Affirmed by Supreme Court of Missouri.
• $2,000,000 – Settlement – Negligent Cargo Loading – Truck Rollover.
• $1,550,000 – Settlement – Railroad liability – Negligent delivery of defective railcar.
• $1,185,000 – Settlement – Car / Semi-Tractor Trailer Crash - Negligent Failure to Keep a Careful Lookout.
• $1,000,000 – Settlement – Tractor-trailer negligence – crossed center line – closed head injuries.
• $1,000,000 – Settlement – Negligent attachment of trailer that separated from truck.
• $850,000 – Settlement – Claim was made against adversary’s attorneys for improperly researching law prior to institution of suit.
• $550,000 – Settlement – Security Guard Negligence – improper discharge of firearm.
• $500,000 – Settlement – Product Defect – improper welding – Plaintiff sustained broken leg.
• $450,000 – Settlement – Utility Negligence – improper placement of power line.
• $400,000 – Verdict and Judgment – Railroad negligence – failure to properly maintain crossing lights.
• $400,000 – Settlement – Malicious prosecution against lawyers – improper joinder.
• Confidential Settlement – Malicious prosecution against lawyers – Defendants confessed
judgment.
• Settlement – Malicious prosecution/abuse of process – Defendant-client confessed judgment.
• Settlement – Malicious prosecution/abuse of process – lawyer confessed judgment.
• $300,000 – Verdict and Judgment – personal injury/ premises liability. Customer fell on shotgun pellets negligently left on floor of large retail chain store. Affirmed by United States Court of Appeals, 8th Circuit.
• $200,000 – Verdict and Judgment – Negligent maintenance – airplane owner failed to properly keep anti-icing equipment maintained, resulting in crash and wrongful death. Affirmed by Missouri Court of Appeals, Eastern District.
• $200,000 – Settlement – automobile negligence – claim against Minnesota for negligence of Highway Patrolman.
• $137,500 – Settlement – Gender harassment.
• $65,000 – Verdict and judgment – assault on customer by parking lot attendant. Affirmed by
United States Court of Appeals, 8th Circuit.
• $45,000 – Verdict and judgment – false arrest. Affirmed by Supreme Court of Missouri.

NOTABLE DECISIONS FROM MISSOURI APPELLATE COURTS

• Hill v. SSM Health Care St. Louis, 563 S.W.3d 757 (Mo.App. E.D. 2018) rehearing and/or transfer denied Jul 05, 2018, cause ordered transferred to mo.s.ct. Sep 25, 2018, retransferred to mo. ct. of appeals Dec 18, 2018. Reversing Judgment.
• Rhoden v. Missouri Delta Medical Center, $870,000 from Scott County, Missouri, including
$300,000 in punitive damages affirmed on March 2, 2021 by the Supreme Court of Missouri, Case No. SC98327.
• Barron v. Abbott Labs, 529 S.W.3d 795 (Mo. 2017)
• State ex rel. Govero v. Kehm, 850 S.W.2d 100 (Mo. 1993) Writ proceeding.
• Hiers v. Lemley, Mo., 834 S.W. 2d 729 (Mo. 1992)
• Fahy v. Dresser Industries, Inc., 740 S.W.2d 685 (Mo.1987), cert. denied
• Day v. Wells Fargo Guard Service Co., 711 S.W.2d 503 (Mo. 1986)
• Fowler v. Park Corp., Mo., 673 S.W.2d 749 (Mo. 1984)
• Ring v. Metropolitan St. Louis Sewer District, 41 S.W.3d 487 (Mo. App. E.D. 2000)
• Boyer v. Tilzer, 831 S.W.2d 695 (Mo. App. E.D. 1992)
• Kiphart v. Community Federal Sav. & Loan Ass’n., 729 S.W.2d 510 (Mo. App. E.D. 1987)
• Politte v. Eckelkamp, 706 S.W.2d 290 (Mo. App. E.D. 1986)
• Grady v. American Optical Corp., 702 S.W.2d 911 (Mo. App. E.D. 1985)
• Weast v. Festus Flying Service, Inc., 680 S.W.2d 262 (Mo. App. E.D. 1984)
• Stelzer v. Carmelite Sisters of the Devine Heart of Jesus of Missouri, 619 S.W.2d 766 (Mo. App. E.D. 1981)
• Martin v. Wal-Mart Stores, Inc., 183 F.3d 770 (8th Cir. 1999)
• Brown v. Associated Dry Goods, 656 F.2d 306, 307 (8th Cir. 1981)