Profile

Don has been practicing law since 1995 and joined Hare Wynn in 1997. Throughout his career, Don has represented plaintiffs from across the nation, including before the United States Supreme Court, and he has won several verdicts that set new legal precedents. He has published numerous articles in legal journals and law reviews, and is a frequent speaker at legal seminars and professional conferences.

Don likes to give credit to his mother for encouraging him to pursue a career in law – she used to say jokingly to him, “You should become a lawyer because you’re arguing with me all the time!”

While he practices in several areas, including personal injuries, wrongful death, products liability and environmental cases, Don has a special enthusiasm for cases that involve government fraud.

Don is married to his wife, Stephanie, and he enjoys spending time on the water with her and their three children. He enjoys fishing, competitive running and coaching youth sports. Don is also a recreational scuba diver and is working to get his kids scuba-certified.

Getting outside of the courtroom and giving back to those in need is important to Don, as evidenced by his extensive community involvement. He is an active member of Shades Mountain Baptist Church and regularly participates in mission trips around the United States and abroad. He is perhaps most proud of his work on the board of Restoration Academy, a Birmingham-based Christian school that provides low-income inner-city children with the tools and opportunities to be successful in high school and college.

“Practicing law allows me to live out my call to serve,” Don says.

Education

Don is a graduate of Auburn University. He earned his law degree from the Cumberland School of Law at Samford University in Birmingham, where he was a member of the Law Review.

  • Auburn University, 1992
  • Cumberland School of Law, 1995

Notable Work

To date, Don’s work has resulted in jury verdicts and settlements totaling more than $1.8 billion. In 2012, he obtained an $8 million verdict for the family of a retired physician who was mistreated by a nursing home in Kentucky. In 2010, one of his cases, Schafer v. Bayer Cropscience, was listed among the “Top 100 Verdicts in America” by Verdict Search.

While he practices in several areas, Don has a special enthusiasm for cases that involve government fraud. He is a member of the Tax Payers Against Fraud Education Fund, a national organization of lawyers who represent whistleblowers. He was honored by that organization in 2009 as the “Whistleblower Lawyer of the Year.”

He is currently active in the metal-on-metal hip litigation. He has spoken nationally on this topic on the televised program, “The People’s Law School.” Don was appointed to the Plaintiffs Steering Committee on the Stryker Rejuvenate – ABG II Hip Implant Products Liability National Multi-District Litigation.

Admitted

  • Alabama, 1995
  • U.S. District Court for the Northern District of Alabama
  • U.S. District Court for the Middle District of Alabama
  • U.S. District Court for the Southern District of Alabama
  • United States Court of Appeals 11th Circuit
  • Alabama Supreme Court

Awards

In 2009, Don was honored by the Tax Payers Against Fraud Education Fund as the “Whistleblower Lawyer of the Year.” He has also been recently appointed to the Plaintiffs Steering Committee on the Stryker Rejuvenate – ABG II Hip Implant Products Liability National Multi-District Litigation.

  • Super Lawyers® of 2016
  • AV Preeminent® Rated by Martindale-Hubbell®
  • Best Lawyers in America® “Lawyer of the Year” 2015 Mass Tort Litigation/Class Action – Plaintiffs Birmingham

Videos

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News

  • Report Medical Device Violations to This New Website

    Each year, the U.S. Food and Drug Administration ... READ MORE

  • Stryker and Plaintiffs' Counsel Announce A Global Settlement for Rejuvenate and AGB II Hip Cases

    On November 3, 2014 the parties announced a ... READ MORE

  • How Bill H.R. 985 Will Hurt Your Right to Justice

    When corporations hurt people – either through ... READ MORE

  • Stryker Rejuventate and AGBII Hip Implant Settlement Reached the 95% Participation Rate to Trigger Payments

    Howmedica Osteonics Corp. (referred to as “Stryker ... READ MORE

  • Hare Wynn Attorneys in Martindale-Hubbell Peer Review Ranking

    Twelve attorneys from Hare, Wynn, Newell & Newton ... READ MORE

  • Benchmark Litigation Honors for Hare Wynn

    Eight Hare Wynn attorneys have been recognized as ... READ MORE

  • Cumberland School of Law Celebration

    Hare, Wynn, Newell & Newton proudly salutes the ... READ MORE

  • Don McKenna Joins Multi-Million Advocate Forum

    Don McKenna has been certified as a life member of ... READ MORE

  • Hare Wynn Attorneys Selected for The Best Lawyers in America© 2014

    Eleven Hare Wynn attorneys have been selected by ... READ MORE

  • Don McKenna Appointed to Stryker Hip Plaintiffs' Steering Committee

    Hare | Wynn attorney Don McKenna was recently ... READ MORE

  • Eleven Hare Wynn Attorneys Named in The Best Lawyers in America 2016

    Eleven Hare Wynn attorneys were recently listed in ... READ MORE

  • Charges Revealed for Largest Criminal Healthcare Fraud Case in History

    Last month, the Justice Department announced ... READ MORE

  • Hare Wynn selected to represent the Commonwealth of Kentucky against pharmaceutical giant Merck.

    Hare Wynn attorneys Scott Powell , Matt Minner and ... READ MORE

  • McKenna Ranks High in Peer Review

    Don McKenna has received a LexisNexis ... READ MORE

  • Birmingham Bar Public Service

    Hare Wynn’s Don McKenna and Zondra Bess recently ... READ MORE

  • Hare Wynn Leads Commercial Law Seminar in Arkansas

    Three Hare Wynn attorneys were presenters at the ... READ MORE

Unparalleled Honors

  • ABA
  • American Board of Trial Advocates
  • AV Preeminent
  • American Society of Legal Advocates
  • The Best Lawyers in America
  • Americas Top 100 Attorneys
  • American Association for Justice
  • American College of Trial Lawyers
  • Multi-Million Advocates
  • American Judicature Society
  • Arkansas Trial Lawyers Association
  • Benchmark Litigation
  • Alabama Association for Justice
  • International Academy of Trial Lawyers
  • International Society of Barristers
  • Kentucky Justice Association
  • Lawdragon 2017
  • National Academy of Personal Injury Attorneys
  • National Law Journal Top 100 Verdicts
  • National Trial Lawyers
  • NBLSC Board Certified Lawyers
  • Phoenix Club of Birmingham
  • Plaintiffs Steering Committee
  • SuperLawyers
  • Super Lawyers Rising Star
  • Tennessee Trial Lawyers
  • Top 40 Under 40
  • Top Ranked USA Chambers

Don McKenna Results

More
  • $422,000,000 Whistleblower

    Hare Wynn attorneys Scott Powell and Don McKenna represent one of four whistleblowers who brought False Claims Act suits against Novartis Pharmaceuticals for ...More

  • $40,000,000 Whistleblower

    Healthways Inc. will pay $40 million to end a lawsuit alleging the company’s Diabetes Treatment Center of America received kickbacks for paying doctors to send their ...More

  • $25,000,000 Consumer Protection

    A lawsuit filed by the Attorney General of The Commonwealth of Kentucky against Merck pursuant to the Kentucky Consumer Protection Act has been settled for $25 ...More

  • $20,000,000 Dangerous & Defective Devices

    We have represented hundreds of clients with defective metal on metal artificial hips. To date Hare, Wynn clients have been paid more than $20 million by multiple ...More

  • $16,700,000 Consumer Protection

    A lawsuit filed by the Attorney General of Montana against Merck & Co. as a result of its promotion of the blockbuster drug, Vioxx, has been settled for $16.7 ...More

  • $15,250,000 Consumer Protection

    Hare Wynn served as national counsel in a lawsuit on behalf of consumers involving the drug Vioxx that resulted in a $15,250,000 recovery.More

  • $8,000,000 Nursing Home Abuse

    A Louisville, Kentucky jury returned an $8 million verdict in a nursing home abuse and neglect suit against Treyton Oak Towers, a nursing home in Louisville, ...More

  • $3,000,000 Whistleblower

    False Claims Act case representing an accountant who blew the whistle on a hospital paying kickbacks to doctors for referring patients to that specific hospital.More

  • $1,200,000 Whistleblower

    American Family Care, based in Birmingham, has agreed to pay the federal government $1.2 million to settle charges it was knowingly billing too much.More

  • Confidential Environmental Contamination

    The pipeline rupture on March 29, 2013, caused an estimated 150,000 gallons of abrasive Canadian tar sands oil to flow through the Northwoods subdivision of ...More

Our Results

More
  • $2,860,000,000 Securities Fraud

    Hare Wynn obtains a $2.86 billion judgment in compensatory damages against Richard M. Scrushy, the largest judgment against an individual in history in any American jurisdiction....More

  • $750,000,000 GMO Rice Contamination

    Hare Wynn represents more than 2,500 rice farmers in a historic $750 million settlement against Bayer Cropscience....More

  • $422,000,000 Whistleblower

    Hare Wynn attorneys Scott Powell and Don McKenna represent one of four whistleblowers who brought False Claims Act suits against Novartis Pharmaceuticals for off-label marketing of Trileptal and paying illegal kickbacks to doctors in ass...More

  • $310,000,000 Corporate Fraud

    In 2016, a team of Hare Wynn lawyers, including Scott Powell, John Haley, Bruce McKee, Ralph Cook, Brian Vines, and Tempe Smith secured a $310 million dollar settlement on behalf of a nationwide class of investors who had been defrauded...More

  • $218,000,000 Syngenta GMO Corn

    Scott Powell and three long-time colleagues are responsible for securing a $217.7 million dollar verdict on behalf of a class of more than 7,000 Kansas farmers. This trial was the first of a number of class actions trials against Syngent...More

  • $133,000,000 Securities Fraud

    This was a shareholder derivative suit on behalf of HealthSouth Corporation. It alleged that UBS Securities knew about Richard Scrushy’s accounting frauds at HealthSouth, yet helped Scrushy to continue to make acquisitions and to c...More

  • $110,000,000 Qui Tam

    U.S. ex rel. Johnson v. Shell, resulting in the company’s agreement to pay $110 million to resolve claims that it underpaid royalties due for oil produced on federal leases...More

  • $40,250,000 Wrongful Death

    Hare Wynn has obtained a $40.25 million jury verdict in Jefferson County, Alabama, in a case involving the death of Derric Rush, a Hoover resident killed on his way home from Wednesday night service at the church where he worked....More

  • $40,000,000 Whistleblower

    Healthways Inc. will pay $40 million to end a lawsuit alleging the company’s Diabetes Treatment Center of America received kickbacks for paying doctors to send their patients to hospitals that are the unit’s clients....More

  • $37,500,000 Death of a Police Officer

    Hare Wynn lawyers, Matt Minner and Jamie Moncus, obtained a large punitive damages verdict from a Madison County jury in a case involving the death of a Huntsville Police Officer. The family of slain Officer, Daniel Golden, bro...More

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