Seth A. Katz

For over two decades, Seth has advocated for people harmed by dangerous drugs, defective medical devices, and corporate negligence. As a shareholder at Burg Simpson, he leads some of the nation’s most significant mass tort and class action cases, recovering more than one billion dollars for injured clients. Seth has been a shareholder with Burg Simpson since September 2005, prior to which he was a partner in the New York law firm of Seeger Weiss LLP. Mr. Katz is the head of Burg Simpson’s Mass Tort and Class Action litigation practice group, and he focuses his practice on cases involving drug and device litigation, class actions, as well as consumer protection and products liability litigation. Seth began his legal career as an Assistant District Attorney in New York City, where he prosecuted everything from drunk drivers, drug dealers, and murders committed by violent gang members. This experience gave him unique insights into complex investigations and trial strategy‚ skills he now uses to fight for injured clients against powerful corporate interests.  In addition to his varied professional experience, Mr. Katz is a frequent speaker on pre-trial tactics and practice including electronic discovery, MDL and pharmaceutical and medical device litigation, and class action litigation.

When pharmaceutical companies put profits over people’s safety or corporations harm entire communities, Seth steps in to hold them accountable.  Some examples of Seth’s dedication to victims have received national news coverage.

Seth is Co-Lead and Class Counsel in consolidated litigation arising from the derailment of a Norfolk Southern train in East Palestine, Ohio in In re: East Palestine Train Derailment (No. 4:23-cv-00242) pending before the Hon. Benita Y. Pearson in the Northern District of Ohio. Seth and the other Co-Lead and Class Counsel were charged with managing the putative class action and the individual actions that have been filed.  As part of her ruling, Judge Pearson found that the appointed lawyers have demonstrated the qualifications, experience, and commitment to adequately represent the putative class and noted that “[t]he appointment of interim class counsel is critically important in a case of this nature, as it is an ongoing event affecting potentially thousands of residents, property owners, and businesses in East Palestine, Ohio and the surrounding area, all of whom are members of the putative classes that have been proposed.” On the evening of February 3, 2023, numerous cars of a Norfolk Southern train carrying hazardous materials derailed in East Palestine, Ohio.  Included among the cars that derailed were 5 cars transporting vinyl chloride.  After several days of the derailed cars being surrounded by fire, Norfolk Southern decided to perform a controlled “vent and burn,” releasing vinyl chloride, benzene residue, and other toxic materials into the environment.  The NTSB has concluded that this derailment was 100% preventable.  In 2024, after a year of vigorous and contentious litigation, a $600 million dollar class settlement was reached and approved by Judge Pearson.  Seth and the other Class Counsel are spearheading the response to an appeal.

Seth’s leadership extends to protecting patients harmed by dangerous medications.  He has served as either Lead Counsel, a member of the Executive Committee or a member of the Plaintiffs’ Steering Committee in many drug and device MDLs.  Seth was appointed as Co-Lead Counsel in In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation (MDL 2385) by the Hon. David R. Herndon (Chief Judge of the United States District Court for the Southern District of Illinois).  In May 2014, the Pradaxa MDL announced a $650 million settlement program on behalf of approximately 4,000 claimants after 21 months of litigation.  Seth was one of the primary negotiators of that settlement and as Co-Lead Counsel in the MDL he played an active role in the administration of the settlement, including the resolution of private and government medical liens.

Seth was appointed to the Plaintiffs’ Executive Committee in In re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2524) by the Hon. Matthew F. Kennelly, which is pending in the Northern District of Illinois.  In that MDL, he also served as the Co-Chair of the Discovery Committee overseeing the discovery against five manufacturers of six different products involved in that MDL.  He also was lead trial counsel in two different Bellwether cases that went to verdict – one against AbbVie and one against Auxilium Pharmaceuticals – prior to product-specific global settlements being reached in the MDL.

Seth was also appointed to the Plaintiffs’ Executive Committee in In re: Proton Pump Inhibitor Products Liability Litigation (MDL 2789) by the Hon. Claire C. Cecchi, which is pending in the District of New Jersey.   Seth was appointed to the Plaintiffs’ Steering Committee in In re DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL 2197) by the Hon. David A. Katz, in the Northern District of Ohio.  Seth was one of the primary attorneys who prosecuted the In re Zyprexa Products Liability Litigation (MDL No. 1956) that resulted in a $700 million settlement, where he not only held a leadership role in conducting discovery but also served as Chair of the Law and Briefing Committee.  Seth has been recognized by the Legal 500 as “highly experienced, excellent… in all phases of the mass tort and class action practice areas.”

Seth also served as Chair of the Discovery Committee in In re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices, and Products Liability Litigation (MDL 2100) pending in the Southern District of Illinois, before the Hon. David R. Herndon.  In August 2015, Judge Herndon appointed Seth to the Negotiating Plaintiffs’ Committee as part of the team that negotiated a global settlement with Bayer of the arterial injury cases.  Seth has also served as one of the Co-Chairs of the Discovery Committee in In re Gadolinium Based Contrast Agent Products Liability Litigation (MDL 1909), pending in the Northern District of Ohio.  Seth was appointed to the Plaintiffs’ Steering Committee by Justice Helen Freedman for the ReNu with MoistureLoc litigation pending in New York State Supreme Court.  Burg Simpson’s cases settled shortly after Seth deposed the then-CEO of Bausch & Lomb.  Seth was one of the lead attorneys prosecuting the In re Ortho Evra Products Liability Litigation (MDL 1742) on behalf of women who suffered serious adverse events as a result of the use of the Patch, where he held a leadership role in conducting discovery.  At the 2006 AAJ Annual Convention in Seattle, Seth was elected as Co-Chair of the Ortho Evra AAJ Litigation Group.

Seth has also been involved in many class actions during his career.  Seth was one of the small team of lawyers who negotiated a $143 million class action settlement in In re Columbia Gas Explosion Cases (Mass. Sup. Ct.) after a gas explosion rocked parts of three towns outside of Boston in September 2018.  Seth served as Liaison Counsel to the court in a nationwide class action pending in the United States District Court for the District of Colorado against Western Union stemming from Western Union’s practice as it relates to unclaimed funds and failing to provide notice to customers that the funds they wired could not be delivered and failing to adequately return the funds to the sender in a timely fashion.  Seth has served as counsel in several other class actions involving securities fraud and consumer fraud cases against some of the nation’s largest companies such as Apple, IBM, Firestone Tires, Progressive Insurance Company, Allstate, State Farm, and Panasonic.  In 2004, Seth was part of the trial team of lawyers who tried a class action to jury verdict against Allstate Insurance Company due to its failure to fully compensate its policyholders in accordance with the terms of its policy in St. Clair County, Illinois (Sims v. Allstate, 99-1-393-A).

Seth served as the inaugural President of The Mass Tort Trial Lawyers Association until July 2013.  The Mass Tort Trial Lawyers Association is made up of attorneys who are dedicated to obtaining fair compensation for clients who have been injured by defective products, dangerous pharmaceuticals, or other conduct causing large-scale injuries.  The Mass Tort Trial Lawyers Association’s goal is to enable members to draw upon the Association’s strong training, educational, and networking resources so they may derive benefits that were either unavailable or difficult to find on their own.  In addition, Seth served on the Board of the National Trial Lawyers Association.  Seth served on the Editorial Board of the Corporate Observer Blog, a blog dedicated to protecting consumer rights.

Prior to joining Seeger Weiss, Seth was an associate at Loeb & Loeb LLP in New York City. There he represented clients ranging from Fortune 500 companies and banking institutions to individuals in a wide variety of complex litigation and pre-litigation matters. Seth was part of a small group of lawyers that performed internal investigations in order to design or modify corporate compliance policies on behalf of Loeb & Loeb’s clients. Seth was also part of Loeb & Loeb’s white-collar criminal practice where he represented clients in a variety of different securities fraud and money laundering matters, including representing a Fortune 500 company in a governmental investigation of the allegedly illegal transfer of missile technology to China.

Seth was born in New York, New York. He obtained a Bachelor of Arts, with distinction, from the University of Michigan in 1990 and earned his law degree, cum laude, from Boston University School of Law in 1993.

Seth is admitted to practice law in state courts in Colorado, Wyoming, Arizona, and New York as well as the United States District Courts for the Southern, Eastern, Western and Northern Districts of New York, the United States District Court for the District of Colorado, the United States District Court for the District of Wyoming, the United States District Court for the District of Arizona, the United States District Court for the Northern District of Illinois, the United States District Court for the District of Columbia, the 10^th Circuit Court of Appeals, the 6^th Circuit Court of Appeals, and the United States Supreme Court.  Seth is Preeminent AV rated by his peers in Martindale Hubbell, and has been recognized as a Best Lawyer in America and as a Colorado Super Lawyer for more than a decade.