Randall E. Smith

Counsel

rsmith@shaheengordon.com
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Randy has earned a national reputation for products liability and medical negligence trial law. He began by taking on A.H. Robins on behalf of women afflicted with pelvic inflammatory disease and infertility as a result of using the Dalkon Shield contraceptive IUD. Robins' assets and liabilities were purchased by American Home Products, which in turn funded a $2.47 billion trust fund against which victims across the country were able to make claims.

He took on many of the major pharmaceutical companies on behalf of women with cervical cancer as a result of their mothers having ingested Diethylstilbestrol to prevent miscarriages. The litigation nationally culminated in the case of Sindell v. Abbott Laboratories imposing market share liability on those companies.

Randy was the Maine liaison to the steering committee of the Silicone Breast Implant Litigation Group which implemented a $4.2 billion settlement of those cases.

He generated millions of dollars for dozens of paralyzed and brain damaged children injured by the negligently designed three-wheeled All Terrain Vehicle.

Violette v. Smith & Nephew Dyonics, one of a number of cases he tried involving endoscopic surgical equipment, made its way to the United States Supreme Court where as a companion to the case of Lohr v. Medtronic, Inc. the Court held that state tort claims were not preempted by the provisions of the federal Medical Devices Act of 1976.

Randy successfully defended J.P. Stevens and Co. in over 300 cases that claimed its products caused asbestosis and mesothelioma in shipyard workers.

He defended Wyeth Laboratories against claims that its influenza vaccines caused the paralysis, Guillain Barre Syndrome, in persons vaccinated. After 1995, when influenza vaccines were included in the National Vaccine Compensation Act, he appeared in the U.S. Court of Federal Claims on behalf of children and adults who have experienced adverse events following vaccination.

He has represented people injured by defective heart valves, pacemakers, diving boards, swimming pool slides, automobile seat backs, airbags and door latches, pedicle screws, prosthetic knees and hips, paints and solvents and a number of pharmaceuticals. In the field of medical negligence, he has successfully prosecuted cases involving birth injuries, surgical errors, poor nursing home care, anesthesia errors, medication mistakes and misdiagnoses and delayed diagnoses of cancer and infections.

Randy has been selected for membership in the American Board of Trial Advocates and serves on the national Board of Directors for the organization. He was selected for membership in the International Academy of Trial Lawyers (IATL). Membership in IATL is restricted to the top 500 trial lawyers in the United States and a select international contingent representing 70 countries. He has participated in legal programs in Italy, Spain, Ireland and Portugal. He has been selected as a New England Super Lawyer and designated by America's Best Lawyers as the 2015 Plaintiff's Lawyer of the year for Personal Injury and Medical Malpractice in Portland, Maine.

Randy has taken an active leadership role in the Maine bar. He has served on the Board of Governors of both the Maine Bar Association and the Maine Trial Lawyers Association Executive Committee. He was the President of the MTLA in 2014-2015 and currently serves on the Executive Committee for that organization. He has served on the Civil Rules Committee, the Judicial Evaluation Committee, the Judicial Liaison Committee and the Fee Arbitration Committee.

Married for 50 years, Randy and his wife Jean have 2 children; Lisa, a school teacher in Biddeford and Randy, a financial planner in Portland, and 4 grandchildren. They enjoy competitive golf, racquetball and running as well as hiking, boating and fishing along the Maine coast and cooking and traveling with family and friends.


Recognition & Awards

  • Selected by peers for inclusion in the 21 st Edition of The Best Lawyers in America in the practice areas of: Medical Malpractice Law - Plaintiffs and Personal Injury Litigation - Plaintiffs.
  • Named the Best Lawyers’ Portland, ME Medical Malpractice Law - Plaintiffs “Lawyer of the Year” and Portland, ME Personal Injury Litigation - Plaintiffs “Lawyer of the Year.” Only a single lawyer in each practice area in each community is being honored as the “Lawyer of the Year.”
  • Elected President of the Maine Trial Lawyers Association for the 2014/2015 year.
  • Elected National Board of Directors of the American Board of Trial Advocates for two year term beginning in 2015. ABOTA is a selective national trial lawyers organization dedicated to the preservation and improvement of the American Civil Justice system and the promotion of civility among its participants.
  • Appointed to AAJ Counsel of Presidents to serve 2014 through 2016.
  • Selected New England Super Lawyer many years.
  • Awarded Martindale Hubbell AV Preeminent rating by peers—highest rating attainable.

Education

  • University of Iowa College of Law, Iowa City, IA, 1971, J.D.
  • University of Iowa, Iowa City, IA, 1968, B.A.

Bar Admission

  • Maine Bar, 1971
  • Iowa Bar, 1971
  • U.S. District Court District of Maine, 1971
  • U.S. Court of Appeals 1st Circuit, 1995
  • U.S. Supreme Court, 1996
  • Maryland Bar, 1998

Our Distinguishing Awards & Honors

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