Suzanne Kaplan

Suzanne Kaplan represents plaintiffs in defective medical device, dangerous prescription drug and medical malpractice cases involving serious injuries or death. She also works on behalf of plaintiffs in complex civil litigation involving pharmacy liability (misfilled prescriptions), aviation law, products liability, personal injury and commercial disputes. Suzanne has been selected for inclusion in Rising Star Super Lawyers  (2013-2014).

Practice Areas
  • B.A., Economics, The University of Texas at Austin
  • J.D., University of California at Davis
Professional Background
In California, Suzanne practiced in the San Diego and San Francisco offices of Coughlin Stoia Geller Rudman and Robbins, L.L.P., where she focused on prosecuting securities fraud class actions. In 2009, she returned to Texas and worked as an associate at Diamond McCarthy, L.L.P., where she represented plaintiffs in complex commercial litigation. Suzanne joined Slack & Davis in 2010. She is admitted to practice in Texas and California.
Representative Work (cases)
Medical Device Cases

DePuy ASR and Pinnacle cases – Defective Hip Implants
Suzanne represents a number of plaintiffs and their spouses in cases against DePuy Orthopaedics and Johnson & Johnson. The defendants manufactured and sold hip implants made of cobalt and chromium, which were designed to replace both the ball and socket of a person’s hip joint with metal parts. However, once implanted, it was discovered that the metal ball and the metal cup grind against each other causing small particles of metal to break off, passing into the person’s tissue and bloodstream. Cases are pending.

Pharmacy Malpractice Cases

Azcona v. Pharmacy Plus – Misfilled Prescription
Suzanne represents a little boy who was temporarily blinded then hospitalized twice because his pharmacy compounded his prescription medication improperly. The pharmacy that filled the boy’s prescription added more than seven times the amount of medication into the bottle they sold to his mom. When the pharmacy learned how potent the medication was, they tried to cover up the error. Case settled for a confidential amount.

Pharmaceutical Cases

Smith v. Bayer – Yaz Birth Control
Suzanne represents a teenage girl who took Yaz birth control pills to help clear her acne. After taking the pills for a little over a year, this otherwise healthy teenage girl was hospitalized for more than a week with a pulmonary embolism – a dangerous blood clot in her lung. It has been determined that the blood clot was a direct result of taking Yaz. Case settled for a confidential amount.

General Personal Injury Cases

Doniak v. Vice and Fuel – Dram Shop Liability
Suzanne represents a young woman who was hit by a drunk driver while walking in downtown Austin. The driver had been drinking at two downtown bars where he was served more alcohol despite his obvious intoxication. The young woman, then a senior at the University of Texas, suffered severe injuries including a traumatic brain injury and multiple fractures to her skull, ribs and spine. One of the Austin bars that over-served the drunk driver was owned by the Yassine brothers. Case is pending.

Griffin v. Clive Bar and Gabrielle Nestande – Dram Shop Liability
Suzanne represents the mother of Courtney Griffin who was hit and killed by Gabrielle Nestande after a night of drinking at Clive Bar on Rainey Street in Austin, Texas.  The lawsuit claims that Clive Bar knowingly over-served Nestande the night of the incident.  Case is pending.

Recent Publications and Speaking Engagements

Past Speaking Engagements

  • “Preemption and the Learned Intermediary Doctrine – What Every Medical Tort Lawyer Needs to Know” (State Bar of Texas Advanced Medical Torts CLE; March 2014)
  • “Basic Litigation Training: Marshalling Evidence” (Volunteer Legal Services; January 2014)
  • “Medical Torts – Emerging Areas of Liability (They do exist!)” (State Bar of Texas Advanced Civil Trial Course)
  • “Social Host Liability – Beware of Negligent Undertaking!” (Austin Bar Association Solo/Small Firm Section CLE; October 2013)
  • “Why Your First Deposition Should be of the IT Technician,” (Paper and CLE, American Association of Justice Annual Convention, July 2013)
  • “Medical Products and Medical Devices” (Paper and CLE, State Bar of Texas Advanced Medical Torts Course, March 2013)
  • “Pharmaceutical Litigation” (Paper and CLE, State Bar of Texas 19th Annual Advanced Medical Malpractice Course, March 2012)
  • “Choice of Law in Pharmaceutical and Medical Device Litigation” (American Law Institute CLE webinar, December 2012)
  • “Ethics in E-Discovery” (Slack & Davis CLE, December 2012)
  • “Understanding Federal Preemption in the Medical Device and Pharmaceutical Context and Overview of DePuy Hip Implant Recall Cases” (Slack & Davis CLE, 2010)
Professional and Community Activities
  • American Association for Justice
  • Texas Trial Lawyers Association
  • Austin Bar Association (Section Social Planning/Programming Co-Chair, 2013)
  • Travis County Women Lawyers Association
  • Capital Area Trial Lawyers Association
  • Volunteer Legal Services of Central Texas
  • Rising Star Super Lawyers – 2013-2014
  • Austin Bar Association Leadership Academy – 2013
In The News

Contact Suzanne Kaplan

Suzanne Kaplan

Suzanne Kaplan

Video: Suzanne Kaplan offers insight about the Supreme Court ruling in Pliva v. Mensing, which is related to generic vs. brand name drugs.