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Karen Barth Menzies, Esq.

Founder, KBM Law

Leading Litigation in Women’s Issues for More Than 25 Years

Karen Barth Menzies is a trailblazing attorney dedicated to advocating for women’s health causes and representing survivors of sexual assault. Always seeking justice for her clients, Karen has taken on the most powerful pharmaceutical companies in the world and some of the music entertainment industry’s most notorious personalities.

As a litigation leader, Karen has held top positions in mass tort lawsuits involving thousands of women pursuing claims against drug makers and medical device manufacturers. Her advocacy extends beyond the civil court system and into the halls of state legislatures, congress, and government agencies that determine the laws and regulations that protect and empower individuals. Advocacy beyond litigation also involves amplifying women’s voices and supporting their efforts to champion the justice issues that matter most to them.

Litigation Leadership

When many people make claims against a common defendant for similar injuries, those lawsuits are often grouped into what’s called a mass tort. There can be dozens or even hundreds of attorneys representing thousands of plaintiffs in a mass tort. To streamline the litigation process, key attorneys are selected to lead the fight. Karen has served in top leadership positions in mass tort litigation against the major pharmaceutical companies that produce the drugs Paxil® (GSK), Fosamax® (Merck), Zoloft® (Pfizer), Taxotere® (Sanofi), and others.

Notably, Karen took on GlaxoSmithKline for failing to warn doctors and patients about the severe and at times deadly risks of birth defects of its anti-depressant drug Paxil® if taken during pregnancy. Serving as Plaintiff’s co-lead counsel, Karen successfully resolved her cases with the highest settlement values.

Now Karen is focusing her extensive experience and leadership on holding pharmaceutical giant Pfizer accountable for failing to warn women that use of the contraceptive Depo-Provera® can produce brain tumors.

Advocacy Beyond Litigation

Karen is no stranger to taking on Pfizer. The pharmaceutical giant manufactures the SSRI anti-depressant Zoloft®, which carries the potential side effect of akathisia—a drug-induced reaction where the patient causes harm to themselves or others. In one notable case, a woman named Kim Witczak filed a failure to warn claim against Pfizer when her husband took his own life after being prescribed Zoloft®. Karen represented Kim and won her case in a pretrial settlement.

After the settlement, Kim wanted to do more, so Karen supported her efforts to increase awareness of the rare but deadly effects of anti-depressants–especially in children. Together they met with members of Congress, Alex Azar, M.D., and Robert Temple, M.D., of the FDA. Alongside other advocates, Karen and Kim testified about these risks before the FDA Pediatric Drug Advisory Committee. Afterward, the FDA directed the manufacturers of SSRI anti-depressant drugs to include a black box warning and to expand the warning statements on the label about an increased risk of suicidal thinking and behavior in adolescents and children taking the drugs.

Kim Witczak went on to co-found Woodymatters, a non-profit organization that advocates for a stronger FDA and drug safety system. Later, she was appointed and continues to serve as the consumer representative on the FDA Psychopharmacologic Drug Advisory Committee.

Amplifying Women’s Voices

Since founding KBM Law, Karen has emerged as a national leader in representing survivors of sexual assault. In 2023, the state legislatures in New York and California opened a window that suspended the statute of limitations for filing sexual assault civil lawsuits in certain circumstances. Based in Los Angeles, as a partner in a prominent plaintiff’s firm, Karen contributed to the effort to enact the California law. Now, in her own firm, she represents survivors in their sexual assault cases against high-profile predators.

Karen knows that seeking compensation after a sexual assault is just one facet of fighting for justice. The women Karen works with are more interested in having their voices heard, demanding accountability, and ensuring others don’t suffer at the hands of a serial predator. Drawing on her extensive experience with high-profile litigation, Karen has helped women manage public interest in their cases and tell their stories.

Recently, Karen founded Unsilenced Survivors, a podcast dedicated to elevating the voices of sexual assault survivors, advocates, and allies. The podcast is a forum that provides survivors a place to tell their stories, showcases the important work advocates are doing to raise awareness about the pervasiveness of sexual assault, and fosters the development of vocabulary used to talk about sexual assault. Through these efforts, Unsilenced Survivors aims to inspire meaningful societal change and broaden the collective understanding of the conversation about sexual assault.

Find Karen on LinkedIn.

Fighting Gender Injustice

  • Class Actions
  • Complex and Multi-District Litigation
  • Consumer Litigation
  • Lender Liability
  • Personal Injury
  • Pharmaceutical Drug Liability
  • Product Liability Law
  • Wrongful Death Law

Admissions

  • California State Bar Admission 1995
  • U.S. Supreme Court, 2008 – present
  • U.S. Court of Appeals, Ninth Circuit, 1999 – present
  • U.S. District Court, Central District of California, 1995 – present
  • U.S. District Court, Southern District of California, 1999 – present
  • U.S. District Court, Eastern District of California, 2006 – present
  • U.S. District Court, Northern District of California, 2006 – present

MEMBER

  • American Bar Association, Litigation Section and Tort Trial & Insurance Practice Section
  • The American Association for Justice, formerly ATLA, STEP-Toxic, Environmental and Pharmaceutical Torts Section
  • Consumer Attorneys of California
  • Consumer Attorneys Association of Los Angeles
  • Women’s Lawyers Association of Los Angeles
  • National Association of Women Lawyers
  • Public Justice
  • National Civil Justice Institute
  • National Crime Victim Bar Association
  • End Violence Against Women

Federal and State Court-Appointed Leadership Positions

  • Co-Lead Plaintiff Counsel, In re Farmers Covid-19 Business Cases, California JCCP 5125, Los Angeles Superior Court, Complex Division, Hon. Amy D. Hogue, 2021
  • Co-Lead Plaintiff Counsel, In re Taxotere (Docetaxel) Products Liability Litigation, MDL 2740, Eastern District of Louisiana, Hon. Jane Triche Milazzo, 2017
  • Co-Liaison Plaintiff Counsel, Zoloft Birth Defects Litigation, California JCCP 4771, Orange County Superior Court, Complex Division, Hon. Kim Garlin Dunning, 2014
  • Member, Plaintiff Steering Committee, Effexor, MDL 2458, Eastern District of Pennsylvania, Hon. Cynthia M. Rufe, 2013
  • Co-Liaison/Lead Plaintiff Counsel, Co-Liaison Settlement Counsel, Transvaginal Mesh Litigations, California JCCP 4733, Los Angeles Superior Court, Complex Division, Hon. William F. Highberger, 2013
  • Co-Chair of Commercial, Marketing and Sales Committee, Zoloft Birth Defects Litigation, MDL 2342, Eastern District of Pennsylvania, Hon. Cynthia M. Rufe, 2012
  • Member, Plaintiff Steering Committee Transvaginal Mesh Litigations, MDL 2187, 2325, 2326, 2327, 2387, Southern District of West Virginia at Charleston, Hon. Joseph R. Goodwin, 2012
  • Co-Lead/Co-Liaison Counsel, Coordinated Celexa/Lexapro Birth Defects Litigation, Circuit Court of Cole County, Missouri, Case No. 08AC-CC00566, Hon. Patricia S. Joyce, 2012
  • Plaintiff’s Liaison/Lead and Plaintiffs’ Executive Committee, Fosamax, California JCCP 4644, Orange County Superior Court, Complex Division, Hon. Thierry P. Colaw, 2011
  • Member, Science Committee, Heparin Products Liability, MDL 1953 Northern District of Ohio, Hon. James G. Carr, 2009
  • Member, Plaintiff Steering Committee, and Co-Chair Sales/Marketing Committee, Avandia Marketing, Sales and Product Liability, MDL 1871, Eastern District of Pennsylvania, Hon. Cynthia M. Rufe, 2008
  • Co-Lead/Liaison in Paxil Birth Defects Litigation, Pennsylvania Mass Tort Program Case No. 3220, Philadelphia Court of Common Pleas, Hon. Sandra Mazer Moss, 2006
  • Lead Counsel and Member, Plaintiffs’ Steering Committee, Paxil Products Liability Litigation, MDL 1574, Central District of California, Hon. Mariana R. Pfaelzer, 2003

Published Cases

  • Prudential Home Mort. Co. v. Superior Court 66 Cal.App.4th 1236 (1998)
  • Motus v. Pfizer, Inc. 127 F.Supp.2d 1085 (C.D. Cal. 2000)
  • In re Paxil Lit. 218 F.R.D. 242 (C.D. Cal. 2003)
  • Cartwright v. Pfizer, Inc. 369 F.Supp.2d 876 (E.D. Tex. 2005)
  • Barton v. United States District Court for Central Dist. of Cal. 410 F.3d 1106 (9th Cir. 2005)
  • Witczak v. Pfizer, Inc. 377 F.Supp.2d 726 (D. Minn. 2005)

Author

  • “Successful Handling of Wrongful Death Cases in California: Quirks of Courts” Lorman Education Services, January, 2002
  • “Biting the Magic Bullet: A Look at the SSRI Litigation” Harris Martin’s Columns: Drugs & Supplements. August 2002
  • “The Fox in the Chicken Coop” FDA’s Recent Intervention in Pharmaceutical Litigation, ATLA Education, 2003
  • “The Antidepressant Controversy: The Growth Of A New Area Of Litigation,” Mealey’s Litigation Report Antidepressant Drugs, 2004
  • “A Cure Worse Than the Disease – Recent FDA actions and newly disclosed research on the link between antidepressants and suicide – especially among young people – are strengthening plaintiffs’ claims against drug makers” TRIAL, 2005
  • “The FDA’s Dilemma: Safety Failures, Public Scrutiny, and Industry Influence” ATLA Education, 2005
  • “Internet Disclaimers: Do they waive the attorney-client privilege protection?” ABA Conference “The Future of Class Action Litigation in America”
  • “Preemption and the FDA — Politics as Usual” ATLA Annual Conference, February, 2006
  • “Preamble To FDA Final Rule: FDA s Latest Effort To Immunize Drug Manufacturers From Tort Liability At The Expense of Consumer Safety” Mealey’s Emerging Drugs & Devices, February 2006; Mealey’s Litigation Report: Antidepressant Report, February 2006
  • “Discovery of FDA and Other Regulatory Agency Evidence,” ATLA Education Reference Materials, ATLA 2006 Annual Convention
  • Birth Defects And Other Threats To Mom And Baby Associated With Paxil, Mealey’s Litigation Report: Antidepressant Report, October 2006
  • “Preemption and Negligent Pharmacovigilance” ATLA Education Seminar, Protecting the Public: Pharmaceutical and Medical Device Litigation, November, 2006
  • Focus on Facts to Defeat Preemption, TRIAL, March 1, 2007

Education

  • Colorado State University (B.A., 1989)
  • University of California School of Law, Davis, California (J.D., 1995)
  • Moot Court Board; National Moot Court and Trial Competitions
  • Law Clerk, Colorado Attorney General’s Office, Denver, 1993
  • Legal Intern to Justice Davis, California 3rd District Appellate Court, Sacramento, 1994
  • Law Clerk, California Attorney General’s Office, Sacramento, 1994
  • Legal Intern, Sacramento District Attorney’s Office, 1995

Lectures and Speeches

  • “Sex Trafficking and Sexual Exploitation” 360 Advocacy – Auto, Truck, Damages Extravaganza, Las Vegas, Nevada, June, 2023.
  • “Sexual Assault Litigation Update” Mass Torts Made Perfect (MTMP) – April 2023 Conference, Las Vegas, Nevada
  • “Breakout Session – Taxotere Litigation Update: The Potential Settlement Landscape (Only for Representatives of Taxotere Hair Loss Plaintiffs)” Mass Torts Made Perfect (MTMP) – April 2023 Conference, Las Vegas, Nevada
  • “The New Normal: Working From Home” Trial Magazine, American Association for Justice, June 2020
  • “Prepping for the Prescriber Deposition” Trial Magazine, American Association for Justice, January 2020
  • “Deposing the Treating/Prescribing Physician, Learned Intermediary, The One Potentially Fatal Fact Witness” American Association for Justice Convention: Discovery and Litigation Strategies for Drug and Device Cases, February 2019
  • “A Funny Thing Did Happen on the Way to the Forum: Navigating the New Landscape of Personal Jurisdiction Challenges” ABA Section of Litigation 2019 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint CLE Seminar, March 2018
  • “Federal and State Court Coordination of Mass Tort Litigation: Navigating State Court vs. Multidistrict Litigation” Mass Torts Made Perfect October 2018
  • “Taxotere Litigation: Federal MDL 2740, New Orleans and State Court Jurisdictions” Mass Torts Made Perfect October 2018
  • “505(b)(2) Defendants – The Non-Generic Alternative; Social Media and Support Groups; Settlement Committees” AAJ Section of Torts, Environmental and Products Liability (STEP): On the Cutting Edge of Torts Litigation July 2018
  • “Location, Location, Location, Part II: State Court Consolidations” AAJ Mass Torts Best Practices Seminar July 2017
  • “Personal Jurisdiction in Mass Torts and Class Actions: Bristol-Myers Squibb Co. v. Superior Court (Cal. 2016)” Mass Torts Judicial Forum with Judge Corodemus and JAMS April 2017
  • “Bringing the Remote Office Closer” Trial Magazine March 2017
  • “Preemption in Pharmaceutical Cases,” Preemption Law Litigation Group Panel: Preemption Updates and Roundtable Discussion, American Association for Justice (AAJ) Annual Convention, Chicago, July 14-18, 2007
  • The American Association for Justice (formerly ATLA) Aviation Law Section, STEP-Toxic, Environmental and Pharmaceutical Torts Section
  • “Avandia: The Liability Story; FDA; Clinical Studies; Recent publications in NEJM,” Avandia Teleseminar, American Association for Justice Education, June 28, 2007
  • “Preemption and Negligent Pharmacovigilance” ATLA – Association of Trial Lawyers of America — ATLA Education Seminar — Protecting the Public: Pharmaceutical and Medical Device Litigation, Las Vegas, Nevada, November 17-18, 2006
  • “Homicide and Psychotropic Drugs,” 30th International Congress on Law and Mental Health – The International Academy of Law and Mental Health (IALMH), Padua, Italy, June 25-30, 2007
  • Panel Moderator and speaker for documentary screening, “Money Talks: Profits Before Patient Safety,” shown at the 4th Annual Pacific Palisades Film Festival, Social Justice Program, presented by Friends Of Film and Palisades Enrichment Programs, Pacific Palisades, California, May 19, 2007
  • “SSRIs and Suicide in Children” ACAM — American College for Advancement in Medicine — “Neurorestoration: Integrative Approaches to Brain Health, Palm Springs, California, November 1-5, 2006
  • “Identifying The Emerging Areas of Pharmaceutical and Medical Device Litigation” Antidepressant Paxil: Allegations of suicide connected with the use of this antidepressant and the current status of the national class action, Mealey’s™ Teleconference: Emerging Drugs and Medical Devices August 17, 2006
  • “Science, Regulation and Litigation Issues Regarding the SSRI-Antidepressants” – “Drug Safety, Best Practices, Litigation Update, Regulatory Developments” Insight Information-ALM, Toronto, Canada, January, 23-25, 2006
  • “Update on Discovery Tools: FDA/Regulatory Discovery” ATLA Education Program Section on Toxic, Environmental, and Pharmaceutical Torts (STEP) Panel – 2006 ATLA- Association of Trial Lawyers of America Annual Convention, Seattle, Washington, July 15-19, 2006
  • “Protecting the Public: Pharmaceutical and Medical Device Litigation – Panel: Drug Update – Zoloft, Wellbutrin, and other SSRIs” 2006 ATLA Winter Convention, Honolulu, Hawaii, February 18-22, 2006
  • “Best Practices in Plaintiff-oriented Pharmaceutical Litigation – Lessons for Canada” Strategic Panel Discussion and Master Class – “Drug Safety, Best Practices, Litigation Update, Regulatory Developments” Insight Information-ALM, Toronto, Canada, January, 23-25, 2006
  • “Antidepressant SSRI-induced Suicide Risks, Public Forum on Antidepressant Drugs: Risks, Benefits and Alternatives,” The Recovery System’s Clinic, Mill Valley, CA, December 6, 2005
  • “Class Actions and MDLs – Hot Topics in Class Actions” – “The Future of Class Action Litigation in America” American Bar Association, Washington, D.C., November 9-11, 2005
  • “The FDA’s Dilemma – Safety Failures, Public Scrutiny and Industry Influence” Topic: What’s Wrong at the FDA?, ATLA’s Pharmaceutical Seminar, “Trends and Hot Topics in Pharmaceutical Litigation,” Las Vegas, NV, September 16-17, 2005
  • “Federal Preemption – How the U.S. Food & Drug Administration Has Become an Advocate for the Drug Industry Against the Consumers It Has a Duty to Protect” – SSRIs and Collisions Between Medical, Legal and Regulatory Worlds, Presented to the 29th International Congress On Law and Mental Health, Paris, France, July 2-8, 2005 HANDOUT
  • “Pharmaceutical Update: Vioxx and SSRIs – SSRIs: The Connection Between Antidepressants, Violence and Suicide,” Association of Trial Lawyers of America TeleConference, October, 2004
  • “FDA Oversight of Drug and Medical Devices and Preemption,” The American Bar Association Health Law Section and The ABA Center for Continuing Legal Education TeleConference, October, 2004
  • “The Rising Tide of Pharmaceutical Lawsuits, What the Practitioner Needs to Know About the Future of Psychiatric Drug Litigation,” Safe Harbor’s Third Annual Medical Conference: “Non-Pharmaceutical Approaches to Mental Disorders,” Glendale, CA, June, 2004
  • “The New Frontier: Emerging Litigation in the Mass Tort Arena: Antidepressants/SSRI’s,“ Mealey’s LexisNexis presents, Wall Street Forum: Mass Tort Litigation Conference, New York, NY, July, 2003
  • “Case Management and Electronic Discovery in Pharmaceutical Litigation,” Association of Trial Lawyers of America, Dallas, TX, July, 2003
  • “SSRI Drugs: Suicide, Homicide, Seizures, Dependency, A Scientific Symposium,” Extant Medical Legal Consulting, LLC, Philadelphia, PA, October, 2002
  • “Successful Handling of Wrongful Death Cases in California,” Lorman Education Services, Los Angeles, CA, August, 2001

The Dissenters

A punk rock enthusiast, Karen plays bass with The Dissenters, a band of like-minded female attorneys who share a common love of music and Ruth Bader Ginsburg.