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.
Chambers & Partners have regarded Don as ‘one of the premiere False Claims Act lawyers in Southeast’ and both his clients and colleagues have praised his unique ability to provide expert counsel in complex government matters.
Don is married to his wife Stephanie and enjoys spending time on the water with her and their three children. He also enjoys serving on international mission trips, sailing, scuba diving, snow skiing and running.
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.
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
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.”
Don represented several whistle-blowers in claims brought against East Alabama Medical Center and its subsidiary Aperian Laboratory Solutions. This involved allegations that they violated the Anti-Kickback Statute and False Claims Act, resulting in a $7.6 million verdict plus statutory fees and expenses of $1.56 million.
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.
- 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
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. For securing amazing case results and being highly rated by past clients, Attorney McKenna was chosen to 2018 Mid-South Super Lawyers® – Class Action.
- Super Lawyers® of 2016 and 2018
- AV Preeminent® Rated by Martindale-Hubbell®
- Best Lawyers in America® “Lawyer of the Year” 2015 Mass Tort Litigation/Class Action – Plaintiffs Birmingham
- B-Metro Top Flight Attorney 2019
- Best of the Bar 2019 – Birmingham Business Journal
Hare Wynn's Don McKenna Named Best of the Bar Award Finalist by Birmingham Business Journal
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Whistleblower in Toxicology Lab Kickback Scheme Recovers More than $6.6 Million for the United States
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Two Hare Wynn Attorneys Recognized As 'Lawyers Of The Year' And 11 Listed Overall In 2019 The Best Lawyers In America© Published By Woodward/White, Inc.
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How Bill H.R. 985 Will Hurt Your Right to Justice
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Report Medical Device Violations to This New Website
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Charges Revealed for Largest Criminal Healthcare Fraud Case in History
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GAO Says IRS Whistleblowers Received $315 Million in Rewards, Identifies Problems with Program
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Eleven Hare Wynn Attorneys Named in The Best Lawyers in America 2016
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Stryker Rejuventate and AGBII Hip Implant Settlement Reached the 95% Participation Rate to Trigger Payments
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Stryker and Plaintiffs' Counsel Announce A Global Settlement for Rejuvenate and AGB II Hip Cases
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Don McKenna Appointed to Stryker Hip Plaintiffs' Steering Committee
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Hare Wynn Attorneys Selected for The Best Lawyers in America© 2014
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Don McKenna Joins Multi-Million Advocate Forum
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Cumberland School of Law Celebration
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Benchmark Litigation Honors for Hare Wynn
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Hare Wynn Leads Commercial Law Seminar in Arkansas
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Hare Wynn Attorneys in Martindale-Hubbell Peer Review Ranking
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Birmingham Bar Public Service
Hare Wynn’s Don McKenna and Zondra Bess recently ... READ MORE
McKenna Ranks High in Peer Review
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Hare Wynn selected to represent the Commonwealth of Kentucky against pharmaceutical giant Merck.
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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
GMO Rice Contamination
Hare Wynn represents more than 2,500 rice farmers in a historic $750 million settlement against Bayer Cropscience....More
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
U.S. ex rel. Johnson v. Shell, resulting in the company’s agreement to pay $410 million to resolve claims that it underpaid royalties due for oil produced on federal leases...More
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
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 was the first of a number of trials against Syngent....More
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
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
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
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