Benjamin C. Wilson

Mr. Wilson has been a shareholder with the firm since 2004.  He focuses his practice on civil litigation and trial work, with an emphasis on health care and professional liability defense, drug and medical device litigation, product liability, and employment law. Mr. Wilson has significant trial and appellate experience, having defended a variety of individuals and entities including hospitals, physicians, and dentists in jury trials throughout the state. He has also appeared in oral argument before a panel of the U.S. Court of Appeals (Eleventh Circuit). Mr. Wilson regularly presents to legal, healthcare, and similar groups on various topics associated with liability and risk management.

Mr. Wilson has also been actively involved in the defense of medical device and pharmaceutical products, both in local and nationwide (multi-district or consolidated) litigation. In addition, he regularly represents a variety of clients in various types of employment litigation including claims of discrimination based on race, gender, or age, retaliatory discharge, the Americans with Disabilities Act, the Family & Medical Leave Act, and wage and hour matters.

A native of Montgomery, Mr. Wilson received his undergraduate and law degrees from the University of Alabama (B.A., 1993, J.D. 1996). While in law school, Mr. Wilson received the Walter P. Gewin Award for outstanding written appellate advocacy in the moot court competition.

Recent Practice Highlights

Obtained a directed verdict on behalf of a physician in a case alleging malpractice associated with the prescription of a medication alleged to have caused lupus and other injuries

Obtained a defense verdict on behalf of a general dentist in a wrongful death case in federal court involving a fatal stroke occurring during the course of tooth extractions

Obtained a defense verdict on behalf of anesthesiologist with respect to claims that a surgical patient’s death was caused by the failure to appropriately evaluate the patient’s cardiovascular status before commencing surgery

Secured a defense verdict for family medicine doctor in a wrongful death case alleging a failure to timely diagnose a thoracic aortic defect thereby thwarting a subsequent fatal rupture of the vessel

Obtained a defense verdict for a physician clinic in a wrongful death case involving an alleged failure to secure a surgical patient’s tracheostomy following trauma surgery necessitated by motor vehicle accident

Obtained a defense verdict for a general dentist against charges of malpractice in the delivery of implants, dentures, and associated reconstruction of patient’s dentition

Involved in multi-district litigation/defense of a major pharmaceutical manufacturer concerning claims that a widely-used prescription pain medication caused cardiovascular and neurovascular events

Secured dismissal of a biologic/pharmaceutical company in a wrongful death case involving allegations that the company failed to adequately warn of risks of hepatitis B virus reactivation associated with the product at issue

Obtained summary judgment in favor of hospital as regards federal claims of employment-based discrimination and retaliation

Awarded summary judgment in favor of water/sewer/fire district in case brought by firefighters alleging violations of Fair Labor Standards Act (FLSA)

Honors and Awards

Mr. Wilson is a member of the American Board of Trial Advocates (ABOTA).  Memberships are extended by invitation only and follow a nomination, a rigorous assessment of jury trial experience, and a favorable vote by lawyers comprising the state chapter of the organization.

Mr. Wilson is recognized by The Best Lawyers in America® in three fields: Litigation – Healthcare, Litigation – Labor & Employment, and Medical Malpractice Law – Defendants.

Mr. Wilson is AV peer review rated by Martindale-Hubbell.

Presentations

Mr. Wilson regularly addresses various healthcare and other groups regarding legal developments impacting the areas of healthcare, professional liability litigation, and employment.

Community Involvement

Mr. Wilson is a member of Trinity Presbyterian Church.  He is active in several civic and community organizations and has served as a board member and president of the board for the Montgomery YMCA’s Britton Youth branch.  Mr. Wilson also serves as a member of the board of trustees of Trinity Presbyterian School.

• Healthcare and Medical Liability
• Professional Liability and Licensure Matters
• Pharmaceutical, Biologic, and Medical Device Litigation
• Labor and Employment Law
• Products Liability
• Education

•  B.A. (History/Political Science), University of Alabama, 1993
• J.D., University of Alabama School of Law, 1996

• Alabama State Bar
• Montgomery County Bar Association
• American Board of Trial Advocates (ABOTA)
• Defense Research Institute (DRI)
• International Association of Defense Counsel (IADC)
• Alabama Defense Lawyers Association
• Federal Bar Association
• American Bar Association

• Alabama
• U.S. District Court, Southern District of Alabama
• U.S. District Court, Middle District of Alabama
• U.S. District Court, Northern District of Alabama
• United States Court of Appeals, Eleventh Circuit