About Melanie Bailey

Melanie S. Bailey is a shareholder in Burg Simpson's Cincinnati office, practicing in complex civil litigation, pharmaceutical and general products liability, multi-district litigation, personal injury, wrongful death, and class action litigation. She has devoted substantial time to litigating defective medical devices and pharmaceutical cases, with extensive involvement in MDL cases such as Ortho Evra, contaminated Heparin, Yasmin/Yaz, Depakote, Fosamax, and Elmiron. In January 2021, she was appointed by Judge Brian M. Martinotti to serve on the Plaintiffs' Steering Committee in the In re Elmiron Products Liability Litigation (MDL 2973) in the District of New Jersey. She has also been involved in consolidated class action litigation arising from the derailment of a Norfolk Southern train in East Palestine, Ohio.

Proven verdicts and settlements at Burg Simpson Eldredge Hersh Jardine

These results are credited to Burg Simpson Eldredge Hersh Jardine. A result appears under an attorney's own name only when a published source names them as counsel on the case.

A Maricopa County jury awarded $58.5 million to families who donated deceased relatives' bodies believing they would be used for medical research, only to learn the Biological Resource Center of Arizona had dismembered and sold the remains to brokers worldwide.

Maricopa County Superior Court, Phoenix AZ · 2019Wrongful DeathRead the full story →
$9.1 millionVerdictTop 20 in Colorado · #15

A federal jury awarded Georgina Perez $55.5 million after a Sunbeam Express Crock Multi-Cooker lid blew off and caused severe burns; the court later reduced the award to roughly $9.1 million under Colorado's statutory damages cap.

U.S. District Court, District of Colorado (Case 1:21-cv-01915) · 2024Product LiabilityRead the full story →
~$3.8 millionVerdict

A Denver jury awarded $31.8 million to the family of an 82-year-old woman killed and other residents injured when a punctured Xcel Energy gas line exploded at Heather Gardens retirement community in 2018, assigning Xcel 12% of the fault.

Denver District Court, Denver CO (Case 2020 CV 33286) · 2023Wrongful DeathRead the full story →
$1.17 millionVerdict

A Sears technician miswired Jacqueline Gebert's electric stove in January 2019, and she was electrocuted while lifting a pan. An Arapahoe County jury found Sears negligent and awarded $2,700,000, made up of $2,000,000 in noneconomic damages and $700,000 for physical impairment. The court cut the noneconomic part to the $468,010 statutory limit, so $1,168,010 stood. The Colorado Court of Appeals affirmed in 2023 and upheld the cap against a Seventh Amendment challenge.

Arapahoe County District Court, Colorado (No. 19CV32833) · 2021Product LiabilityRead the full story →
ConfidentialSettlement

Burg Simpson secured a confidential settlement for the three children of Jason Varnish, 46, a New Jersey finance executive who died of positional asphyxiation after his jacket became entangled in a Blue Sky Basin chairlift at Vail in February 2020.

Colorado (Eagle County) · 2023Wrongful DeathRead the full story →

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.

Practice areas

Education

Salmon P. Chase College of Law (cum laude)
J.D., 1996
Northern Kentucky University (cum laude)
Undergraduate, 1993

Other attorneys at Burg Simpson Eldredge Hersh Jardine

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Markovits Stock & DeMarco
$742 Million Recovery for 23,000 Navistar Retirees in Decades-Long ERISA Benefit Fight
Lawrence, Beirne & Lewis
Lawrence, Beirne & Lewis
$30.95 Million Ohio Birth Injury Verdict Against Miami Valley Hospital After Uterine Rupture During Labor

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.