
Mark Hutton
Hutton & Hutton LLC 8100 E. 22nd Street North #1200 Wichita, KS 67226 Practice Area(s): Personal Injury, Medical Malpractice call (316) 688-1166 fax (316) 686-1077 email mark.hutton@huttonlaw.com visit website
Admission Dates & Jurisdictions
Admissions: Admitted to Bar, 1979, Kansas and U.S. District Court, District of Kansas; 1984, U.S. Court of Appeals, Tenth Circuit; 1986, U.S. Supreme Court; 1987, Supreme Court of Oklahoma; 1990, U.S. Court of Federal Claims; 1991, U.S. Court of Appeals, Fifth Circuit; 1993, U.S. District Court, Western and Eastern Districts of Arkansas; 1993, U.S. District Court, District of Arizona; 1997, U.S. District Court, Districts of Colorado and Hawaii; 1997, Creek Nation Tribal Court of the State of Oklahoma; 1997, Lower Brule Sioux Tribal Court; 1999, Supreme Court of Texas; 2000, Supreme Court of Missouri; 2002, District of Columbia; 2009, Supreme Court of New York; 2009, Western and Northern Districts of Oklahoma.
Education
Education: Washburn University of Topeka (B.B.A., 1976; J.D., 1979). Phi Kappa Phi.
Professional Experience
Appointments: Appointed by the Honorable Samuel C. Pointer, Jr., Chief Judge of the Northern District of Alabama, to the Plaintiffs’ Steering Committee (PSC) of MDL-926 In Re: Silicone Gel Breast Implant Litigation. Appointed by the Honorable Richard A. Schell, Chief Judge of the Eastern District of Texas, to the Plaintiffs’ Steering Committee of the In Re: Norplant Contraceptive Prods. Liab. Litig., of MDL 1038. Appointed by President George W. Bush to the President’s Advisory Committee of the Arts and the John F. Kennedy Center for the Performing Arts, 2004 to 2009. Appointed Member of the Kansas Bar Association’s Committee on Professionalism
Trial Experience: Litigated in excess of sixty jury trials to verdict and appeal, including: Wooderson v. Ortho Pharmaceutical Corp., 235 Kan. 387 (1984); Arvayo v. United States of America, 580 F. Supp. 753 (1984), 766 F.2d 1416 (1985); Johnson v. American Cyanamid Co., 239 Kan. 279 (1986); Ogilvie v. International Playtex, 821 F.2d 1438 (1987); Gregory v. Carey, 246 Kan. 504 (1990); Donnini v. Ouano, 810 P.2d 1163 (1991); Aves, et al. v. Shah, 997 F.2d 762 (10th Cir. 1993); Aldoroty v. HCA Health Services of Kansas, d/b/a Wesley Medical Center, No. 95C-1790 (Sedgwick County, Kan., 18th Judicial District Court of Kansas); Duncan v. West Wichita Family Physicians, P.A., No. 06CV0761 (Sedgwick County, Kan. 18th Judicial District Court of Kansas); Kerns v. HCA Wesley Rehabilitation Hospital, Inc., No. 08CV0353 (Sedgwick County, Kan. 18th Judicial District Court of Kansas). Lead counsel in many additional cases that have gone to trial or settled during trial or post-verdict.
Honors & Awards
Recipient: Selected by his peers as one of the Best Lawyers in America for the years 1999 to 2014. Selected by his peers as one of the Missouri/Kansas Super Lawyers for the years 2005 to 2014. National Trial Lawyer of the Year Award, Trial Lawyers for Public Justice. Fellow of Litigation Counsel of America.
Professional Associations
Memberships and Activities: Member of Wichita, Kansas, American and International Bar Associations. Member of Kansas Association for Justice. Member of Oklahoma Trial Lawyers Association. Member of Trial Lawyers for Public Justice. Member of American College of Legal Medicine. Member of American Board of Trial Advocates. Member of The Wesley E. Brown American Inn of Court. Featured Speaker at numerous Continuing Legal Education programs. Former Ethics Investigator for the Wichita Bar Association. Serves as Mediator at request of plaintiff and defense attorneys.
Verdicts & Settlements
Mark Hutton has tried numerous cases to verdict, including multiple cases resulting in record setting multi-million dollar awards to his clients. He served as lead counsel receiving a 23 million dollar verdict in an obstetrical brain damage baby case and as lead counsel receiving a 11.5 million dollar verdict including 10 million dollars in punitive damages in a case against a tampon manufacturer. He has extensive experience in the handling of product liability and mass tort cases.
Publications
Publications: Author: “Medical Malpractice Mediation Panels,” Vol. 2, No. 1, Journal of the Kansas Trial Lawyers Association. Co-Author: “A Paradox – The Kansas Collateral Source Rule,” Vol. 2, No. 3, Journal of the Kansas Trial Lawyers Association. Author: “Substantial Possibility: A Doctrine of Causation,” Vol. 3, No. 2, Journal of the Kansas Trial Lawyers Association. Author: “Motion in Limine: A Mandatory Pre-Trial Motion in Civil Litigation,” Journal of the Kansas Trial Lawyers Association, Vol. 4, No. 5. Author: “Pharmaceutical Litigation-Drug Manufacturers Duty to Warn,” Vol. 5, No. 5, Journal of the Kansas Trial Lawyers Association. Author: “Medical Tort Law: The Emergence of Specialty Standard of Care,” Tulsa Law Journal, Vol. 16, 4, 1981. Author: “Intrusion into the Sanctimonious Physician-Patient Relationship,” Journal of the Kansas Trial Lawyers Association, Vol. 7, No. 1, Aug. 1983. Author: “The Privilege Log: Where the Battle Can Be Won or Lost,” Journal of the Kansas Trial Lawyers Association, Vol. 19, No. 6, July 1996. Author: “Genetic Susceptibility to Complications from Silicone Breast Implants,” Vol. 4, No. 5, April 1996, Medical-Legal Aspects of Breast Implants Reporter. Author: “In the Wake of ‘Medtronic,’ Court Rejects Baxter’s Preemption Claim,” Vol. 5, No. 6, May 1997, Medical-Legal Aspects of Breast Implants Reporter. Co-Author: “Documenting the Neurological Impact of Exposure to Silicone,” Vol. 6, No. 2, Jan. 1998, Medical-Legal Aspects of Breast Implants Reporter. Co-Author: “Further Studies of the Link Between Breast Implants and Disease,” Vol. 6, No. 12, Nov. 1998, Medical-Legal Aspects of Breast Implants Reporter. Co-Author: “Debate Rages On: Studies Link Breast Implants and Disease,” Vol. 7, No. 1, Dec. 1998, Medical-Legal Aspects of Breast Implants Reporter. Co-Author: “Reye’s Syndrome – The Link Between Aspirin and Reye’s,” Trial, Nov. 1987. Author: “Tampons and Toxic Shock Syndrome – Failure in Corporate Risk Management,” Trial, Feb. 1988. Author: “Norplant Litigation: Creating an Exception to the Learned Intermediary Doctrine,” Trial, July 1996. Co-Author: “Smokeless Tobacco: An Unrecognized Health Problem,” The Advocate – The Journal of the Oklahoma Trial Lawyers Association, Vol. 28, No. 2, 2nd Qtr. 1997; Consumer Attorneys of California Forum, Vol. 27, No. 7, Sept. 1997; and Journal of the Kansas Trial Lawyers Association, Vol. 20, No. 5, May 1997. Author: “Alert to Plaintiffs: New Study Links Implants to Silicone in Liver,” Medical-Legal Aspects of Breast Implants Reporter, Vol. 5, No. 3, Feb. 1997.
Service Activities
Community Service: Member of the Board of Directors, Community Bank of Wichita, Kansas. Member of the Board of Directors, Title Midwest of Topeka, Kansas. Bi-Monthly Volunteer at The Lord’s Diner, Wichita, Kansas. Volunteer at Salvation Army Christmas Distribution Center. Volunteer at Children’s Orphanage in Cusco, Peru.