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.

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.

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.

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.”

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.

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. 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

Videos

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News

  • Hare Wynn's Don McKenna Named Best of the Bar Award Finalist by Birmingham Business Journal

    Hare, Wynn, Newell & Newton, LLP is pleased to ... READ MORE

  • Whistleblower in Toxicology Lab Kickback Scheme Recovers More than $6.6 Million for the United States

    East Alabama Medical Center (EAMC) and its ... READ MORE

  • 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.

    Hare, Wynn, Newell, and Newton, LLP is pleased to ... READ MORE

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

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

  • Report Medical Device Violations to This New Website

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

  • Charges Revealed for Largest Criminal Healthcare Fraud Case in History

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

  • GAO Says IRS Whistleblowers Received $315 Million in Rewards, Identifies Problems with Program

    The IRS Whistleblower program is intended to ... READ MORE

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

    Eleven Hare Wynn attorneys were recently listed in ... 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

  • 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

  • Don McKenna Appointed to Stryker Hip Plaintiffs' Steering Committee

    Hare | Wynn attorney Don McKenna was recently ... 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 Joins Multi-Million Advocate Forum

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

  • Cumberland School of Law Celebration

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

  • Benchmark Litigation Honors for Hare Wynn

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

  • Hare Wynn Leads Commercial Law Seminar in Arkansas

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

  • Hare Wynn Attorneys in Martindale-Hubbell Peer Review Ranking

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

  • Birmingham Bar Public Service

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

  • McKenna Ranks High in Peer Review

    Don McKenna has received a LexisNexis ... 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

Awards & Accolades

  • Medical Malpractice Trial Lawyers – Top 25
    Medical Malpractice Trial Lawyers – Top 25

    Membership in the Medical Malpractice Trial Lawyers – Top 25 is reserved for the top 25 attorneys in the state who best exemplify superior qualifications in the organization’s ranking factors: reputation, leadership, influence, advocacy training, and continuing legal education.

  • ABA
    ABA

    Members of the American Bar Association work to uphold the organization’s mission of “defending liberty and delivering justice.” Attorneys are expected to act in ways that eliminate bias, enhance diversity, and advance the rule of law.

  • American Board of Trial Advocates
    American Board of Trial Advocates

    The American Board of Trial Advocates and its members aim to foster improvement in both the ethical and technical standards of the legal field. Attorneys are held to high standards of integrity, honor, courtesy, and education/training.

  • AV Preeminent
    AV Preeminent

    The Martindale-Hubbell® AV Preeminent Rating™ symbolizes strong legal ability and high ethical standards. Selected attorneys have been evaluated on their professional legal abilities and the services they have to offer.

  • American Society of Legal Advocates
    American Society of Legal Advocates

    Less than 1.5% of attorneys across the nation are selected for membership in the American Society of Legal Advocates. These attorneys have demonstrated proven commitment to their practice and hold themselves to the highest professional standards.

  • The Best Lawyers in America
    The Best Lawyers in America

    The Best Lawyers in America uses a tried and true peer review process to select the top legal talent in America. Lawyers who make the list are recognized as the most sophisticated, transparent, and conscientious in their fields.

  • Best Lawyers 2019 - Lawyer of the Year
    Best Lawyers 2019 - Lawyer of the Year

    For more than 30 years, Best Lawyers has used a tested peer review process to select the best lawyer of the year, and we are thrilled to have made the list.

  • Best Lawyers 2018
    Best Lawyers 2018

    Every year, the Best Lawyers organization publishes a list of best lawyers and best law firms in the state, recognizing those with commendable professional achievements.

  • Americas Top 100 Attorneys
    Americas Top 100 Attorneys

    Only the most qualified and accomplished legal professionals are selected to the prestigious list of American’s Top 100 Attorneys. The organization uses proprietary methodology to select the top 100 attorneys from a given state.

  • American Association for Justice
    American Association for Justice

    The American Association for Justice’s mission is to promote a fair and effective justice system, and that’s exactly what attorneys who are members of the organization work to do.

  • American College of Trial Lawyers
    American College of Trial Lawyers

    This is an invitation-only fellowship consisting of trial lawyers from diverse backgrounds throughout the U.S. and Canada. Selected lawyers have demonstrated the highest standards of ethical conduct, professionalism, trial advocacy, integrity, and collegiality.

  • Multi-Million Advocates
    Multi-Million Advocates

    Membership in the Multi-Million Dollar Advocates Forum® is limited to only those attorneys who have achieved multi-million dollar verdicts and settlements for their clients. The organization is so prestigious that fewer than 1% of all U.S. lawyers are members.

  • American Judicature Society
    American Judicature Society

    Members of the American Judicature Society aid in the organization’s mission to secure and promote an independent, qualified judiciary, along with a fair system of justice.

  • US News Best Law Firms 2019
    US News Best Law Firms 2019

    Qualitative and quantitative data are used to rate the overall best law firms in the nation. Law firms are rated using a tiering system that compares legal practices in similar metro areas.

  • Arkansas Trial Lawyers Association
    Arkansas Trial Lawyers Association

    Members of ATLA are committed to protecting the safety and health of families in Arkansas by increasing consumer protections and preserving people’s right to trial by jury.

  • Benchmark Litigation
    Benchmark Litigation

    We are proud to be included in Benchmark Litigation’s annual publication, which serves as America’s definitive guide to leading litigation firms and lawyers.

  • Alabama Association for Justice
    Alabama Association for Justice

    Attorneys and members of the Alabama Association for Justice work to protect and preserve people’s constitutional right to trial by jury by ensuring that victims of misconduct and/or negligence can hold their wrongdoers accountable.

  • International Academy of Trial Lawyers
    International Academy of Trial Lawyers

    Fellowship in the International Academy of Trial Lawyers is by invitation-only and involves a carefully crafted vetting process.

  • International Society of Barristers
    International Society of Barristers

    The era’s best advocates are recognized and invited to come together as part of the International Society of Barristers, where they are expected to support common goals of upholding justice and improving legal advocacy, among others.

  • Kentucky Justice Association
    Kentucky Justice Association

    The Kentucky Justice Association and its members act as a voice for consumers, working to protect their health and safety and to preserve their right to trial by jury.

  • Lawdragon 2017
    Lawdragon 2017

    Every year, Lawdragon publishes a guide that lists the nation’s leading lawyers, and we are thrilled to have made the list.

  • National Academy of Personal Injury Attorneys
    National Academy of Personal Injury Attorneys

    The Academy’s mission to provide advanced educational opportunities helps personal injury attorneys like ourselves ensure our clients are provided with the best representation available.

  • National Law Journal Top 100 Verdicts
    National Law Journal Top 100 Verdicts

    The National Law Journal is considered to be the nation’s premiere legal source for timely, trusted legal news, and we are proud to have their list of top 100 verdicts.

  • National Trial Lawyers
    National Trial Lawyers

    Membership in the National Trial Lawyers organization is by invitation-only and is reserved for only the most qualified attorneys in their respective fields of practice.

  • Top 40 Under 40
    Top 40 Under 40

    Membership in this exclusive organization is extended only to the top 40 attorneys under the age of 40 in a given geographic location.

  • NBLSC Board Certified Lawyers
    NBLSC Board Certified Lawyers

    The NBLSC offers board certification to trial lawyers and is recognized as the first American Bar Association accredited attorney board certifying agency in the entire world.

  • Phoenix Club of Birmingham
    Phoenix Club of Birmingham

    Young, professional men who are members of the Phoenix Club of Birmingham have the opportunity to support the organization’s mission to impact the direction of the local community’s youth through interaction and fund-raising opportunities.

  • Plaintiffs Steering Committee
    Plaintiffs Steering Committee

    We proudly sit on the plaintiff’s steering committee, where we have the ability to direct multi-district litigation along with other lawyers on the committee.

  • SuperLawyers
    SuperLawyers

    A patented, multiphase selection process is used to choose attorneys for the Super Lawyers® organization. Both peer recognitions and professional achievements are assessed to select the top lawyers in a given state.

  • Super Lawyers Rising Star
    Super Lawyers Rising Star

    Only attorneys who are 40 years of age or younger, or those who have been practicing for 10 years or less, can be selected to the prestigious list of Super Lawyers® Rising Stars.

  • Tennessee Trial Lawyers
    Tennessee Trial Lawyers

    All citizens, families, and small businesses should have access to justice, and that is the mission of TTLA. Members of the association are committed to protecting and upholding people’s right to justice and trial by jury.

  • Top Ranked USA Chambers
    Top Ranked USA Chambers

    Through independent research, Chambers assesses a number of criteria to collect information on the top-ranking law firms in the country.

  • Arkansas Magazine - Very Best Award
    Arkansas Magazine - Very Best Award

    We are honored to have been selected to Arkansas Magazine’s annual pick of the very best lawyers and law firms in the state.

  • National Featured Verdict
    National Featured Verdict

    Only the top verdicts in a given field, and from a given state, are listed here. We are honored that some of our verdicts have made the list.

  • Best Lawyers Lawyer of the Year 2019
    Best Lawyers Lawyer of the Year 2019

    For more than 30 years, Best Lawyers has used a tested peer review process to select the best lawyer of the year, and we are thrilled to have made the list.

  • Top Rated Lawyers
    Top Rated Lawyers

    Top-rated lawyers are those who have been identified by Lawyers.com as the most elite in their corresponding fields of practice.

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

  • $410,000,000 Qui Tam

    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

  • $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 was the first of a number of 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

  • $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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