Mark A. Prost, Shareholder

Biography

Mark A. Prost is a Litigation Partner in Sandberg Phoenix’s Products Liability Practice Group where he is Head of the Firm’s Toxic Tort Team. He has been with the Firm since 2000, a Partner since 2006, and actively defends cases in Missouri, Illinois and Kansas. Mark has a broad range of litigation and trial experience in defending manufacturers of pharmaceutical and medical products (talc/ovarian cancer; transvaginal mesh), toxic torts (asbestos, lead, benzene, welding fumes, etc.), transportation products (railroad, automotive, aviation, trucking, etc.), children’s products and construction products. Mark is a published author and frequent lecturer at national Toxic Tort seminars, has served for several years as Vice Chair for the ABA’s Toxic Tort and Environmental Law Committee and is former Editor of the ABA’s Toxic Tort Newsletter. Mark also has successful appellate experience before the Missouri Court of Appeals, Missouri Supreme Court, and the United States Court of Appeals for the 7th and 8th Circuits.

Mark has jury trial experience in several high-profile, multi-million dollar exposure cases. In 2016 and 2017, Mark served as local trial counsel for a raw material supplier in six separate ovarian cancer talc trials in St. Louis, helping his client obtain three defense verdicts, a mistrial, and two other verdicts where his client was found liable for only 10% and 1% of compensatory damages. In May 2018, Mark defended a prominent St. Louis business in a premises liability jury trial involving over $2 million in alleged personal injury damages where the jury only apportioned a small percentage of liability to defendant resulting in an award of only $30,000. In March 2012, Mark won a defense verdict while defending Union Pacific Railroad and Harsco Corporation in the jury trial of Burbridge v. Harsco Corporation, et al., a case involving a train conductor alleging permanent eye injuries from a train accident. Mark also successfully argued and defended the verdict before the Missouri Court of Appeals. (Burbridge v. Harsco, et al., 413 S.W.3d 649 (2013)).

In 2009, Mark received the honor of being named by Missouri Lawyers Weekly as an “Up & Coming Lawyer” in Missouri. For the last four years, Mark has been selected by his peers for inclusion in Best Lawyers in America.

Background

Education

Mark earned his Juris Doctor, cum laude, at Southern Illinois University School of Law, Carbondale in 1997.

He earned his undergraduate degree in Risk Management/Insurance from Florida State University in 1993.

Professional Activities

Mark is admitted to practice law in Missouri, Illinois, the United States District Court for the Eastern and Western Districts of Missouri, and the United States District Court for the Northern, Central, and Southern Districts of Illinois.

He is a member of the International Association of Defense Counsel, Defense Research Institute, and the Hispanic Bar Association of St. Louis. Mark is a Vice Chair for the American Bar Association’s TIPS, Toxic Tort and Environmental Law Committee, and a former Editor of the ABA’s Toxic Torts Newsletter. In addition, he is the Head of the Firm’s Toxic Tort Industry Team and a member of the Firm’s Diversity Committee.

Civic Activities

Mark has served as an honorary judge at Moot Court Competitions at Washington University School of Law and Southern Illinois University School of Law. He also has served as a judge in the Philip C. Jessup International Law Moot Court Competition. Mark is a past President of the School Board for Little Flower Catholic School in Richmond Heights, Missouri where his two sons attend.

Successes

Publications

Co-Author, “Missouri Supreme Court Weighs in on Venue: Finds Prejudice is not Implicit to Litigation Hotspots,” IADC Product Liability Newsletter, International Association of Defense Counsel (April, 2018)

Co-Author, “The Bad Faith Exception to the One Year Bar to Removal Based on Diversity Jurisdiction – Is Proof of Forum Shopping Enough or do Defendants Need to Prove More?” IADC Product Liability Newsletter, International Association of Defense Counsel (October, 2017)

Speaking Engagements

Presenter: “Perrin National Litigation Conference; “Talc: Evaluating the Key Legal and Strategic Issues,” Beverly Hills, California (March 2018).

Presenter: “Perrin Asbestos National Litigation Conference; Update on The Most Active Jurisdictions – Missouri: Impact of Recent Supreme Court Opinions, Recent Filing Trends and Verdicts, Legal Developments,” San Francisco, California (September 2017).

Presenter/Moderator: American Bar Association, Toxic Torts & Environmental Law Committee’s Spring Meeting, “Regulatory, Compliance, and Litigation Issues in the Environmental, Energy, and Fracking Industries,” Arizona Biltmore, Phoenix, Arizona (April 2016).

Presenter/Moderator: American Bar Association, Toxic Torts & Environmental Law Committee’s Spring Meeting, “Analyzing the Increase in Lung Cancer and Inhalation Injury Cases in Toxic Tort Litigation,” Arizona Biltmore, Phoenix, Arizona (April 2015).

Presenter: CLE Seminar, “Dealing with Other Similar Incidents (OSI’s) During Discovery and Trial,” St. Louis, Missouri (June, 2012).

Presenter: CLE Seminar, “Finding and Retaining Experts in Product Liability Cases,” St. Louis, Missouri (March 2010).

Presenter: Lorman Education Services, “Successful Strategies for Written Discovery in Missouri,” St. Louis, Missouri (April 13, 2007). Presented lecture on written discovery topics, including taking and answering written discovery, with an emphasis on Missouri and Federal law.

Presenter: Defense Research Institute, Products Liability Seminar, “Maintenance Issues in Defense of Crane and Aerial Device Cases,” New Orleans, Louisiana (February 7, 2007). Presented lecture on maintenance issues, including legal aspects, OSHA/ANSI standards, and practice guidelines.

Presenter: Lorman Education Services, “Confidentiality of Medical Records in Illinois,” Chicago, Illinois (June 13, 2006). Presented CLE on privacy concerns regarding medical records, including quality assurance and peer review records.

BIOGRAPHY

Mark A. Prost is a trial attorney in Sandberg Phoenix’s products liability practice group. He has been with the Firm since 2000, and a Shareholder since 2006. He focuses his practice in products liability, pharmaceutical, toxic torts, mass torts, medical malpractice and medical device litigation. Mark actively defends cases in Missouri, Illinois and Kansas, and regularly works out of both the firm’s St. Louis and Kansas City offices.

Mark has a broad range of litigation and trial experience in representing manufacturers of pharmaceutical and medical products (talc/ovarian cancer; transvaginal mesh), toxic torts (asbestos, lead, benzene, welding fumes, etc.), transportation products (railroad, automotive, aviation, trucking, etc.), children’s products and construction products. Mark is Head of the firm’s Toxic Tort Group, and the last four years has served as Vice Chair for the American Bar Association’s Toxic Tort and Environmental Law Committee and is former Editor of the ABA’s Toxic Tort Newsletter.

Mark has successful jury trial experience in Missouri and Illinois, and has successfully handled numerous high exposure cases on behalf of clients involved in mediation. In 2016 and 2017, Mark served as local trial counsel for a raw material supplier in five separate ovarian cancer jury trials in St. Louis, helping his client obtain three defense verdicts and two other verdicts where his client was found liable for only 10% and 1% of compensatory damages. In March 2012, Mark was lead counsel for Union Pacific Railroad and Harsco Corporation and won a defense verdict in the jury trial of Burbridge v. Harsco Corporation, et al., a case involving a train conductor alleging permanent eye injuries from a train accident. Mark also successfully argued and defended the verdict before the Missouri Court of Appeals. (Burbridge v. Harsco, et al., 413 S.W.3d 649 (2013)).

In 2009, Mark received the honor of being named by Missouri Lawyers Weekly as an “Up & Coming Lawyer” in Missouri. Mark has been selected by his peers for inclusion in Best Lawyers in America for the last three years.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2016 Sandberg Phoenix & von Gontard P.C. All Rights Reserved. Sandberg Phoenix & Von Gontard P.C.is a law firm with a primary office located in Downtown St. Louis, Missouri. Website Design by Timmermann Group

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