Product liability, mass tort and class action - defense: pharmaceuticals and medical devices in United States

Arnold & Porter

Leveraging a deep bench of pharma-focused product liability experts, based primarily out of the firm’s New York and Washington DC offices, Arnold & Porter has the strength-in-depth, subject matter and procedural expertise to effortlessly handle a sizeable array of concurrent high-profile mandates. The firm regularly acts as national coordinating counsel on large-scale class actions and MDLs, resourcing matters throughout the litigation life cycle with  a compelling mix of science, procedural and trial experts. In addition, a strong regulatory grounding, including regular interactions with the Food and Drug Administration (FDA), ensures that clients are also well served from a risk management perspective, particularly in terms of bringing new drugs to market. As well as having deep regulatory knowledge, New York-based partner Anand Agneshwar  is regularly at the forefront of many of the firm’s key mandates, while head of the firm’s New York office, Arthur Brown frequently has a hands-on role directing and implementing overall litigation and trial strategy for key pharmaceutical clients, including AstraZeneca, which he represents as national counsel in relation to the sprawling Proton Pump Inhibitor (PPI) litigation. Washington DC-based partner Paige Sharpe  also continue to impress and is a vital member of the team, not least as a result of her ability to effectively represent pharma companies in private personal injury litigation, as well as in parallel actions brought by State Attorney Generals. Agneshwar co-heads the overarching product liability litigation group alongside Washington DC-based Daphne O’Connor.

Responsables de la pratique:

Anand Agneshwar; Daphne O’Connor


Autres avocats clés:

Pamela Yates; Arthur Brown; William Hoffman; Daniel Pariser; Jeffrey Horowitz; Paige Sharpe; Julie du Pont; Daniel Meyers; Diana Sterk; Jocelyn Wiesner


Principaux clients

AbbVie


AstraZeneca


Bayer


Bristol-Myers Squibb


Cynosure


Eisai


Hologic


Novartis


Pfizer


Sanofi US


Principaux dossiers


  • Representing Sanofi in product liability litigation involving allegations that the over-the-counter heartburn medication Zantac causes cancer.
  • Representing Eisai in successfully opposing the creation of a federal MDL alleging multiple types of cancer following use of Belviq®
  • Representing AstraZeneca in litigation alleging that the company’s proton pump inhibitor medications Nexium and Prilosec cause kidney injuries.

Dechert LLP

Drawing upon a strong pool of experienced and up-and-coming talent on the East and West coasts, in particular, Dechert LLP is able to handle a wide variety and volume of defense matters for many leading pharma and medical devices clients, particularly in the context of large-scale MDLs/class actions. The firm regularly takes the lead role in such aggregated mandates, formulating core strategy decisions and regularly securing key victories through persuasive motions, as well as in litigation before juries. Mark Cheffo is regularly at the forefront of the highest-profile mandates handled by the firm, a reflection of the esteem with which he is held by clients as a result of his expertise through the litigation process, including at a motions stage – where he has briefed and conducted numerous Daubert/Frye challenges. Lauded as a ‘strong practitioner with excellent strategic smarts’, Los Angeles-based partner Kimberly Branscome is a key exemplar of the firm’s trial expertise, in particular, as well as its visibility throughout California. The vastly experienced Sheila L. Birnbaum  has amassed many successes at trial and motions stage throughout her long career and has had involvement in many key medical devices/pharmaceutical product liability matters, including as it relates to opioid medication, breast implants and mesh products. Cheffo, Branscome and Birnbaum co-head the team that also includes Paul LaFata, who has developed niche expertise in relation to the co-ordination of multi-jurisdictional elements of major product liability MDLs and class actions and Rachel Passaretti-Wu, who as well as her versatile core pharma and toxic tort litigation offering, is also adept at assisting clients with appropriate crisis management-related responses. All named practitioners are based out New York, unless otherwise stated.

Responsables de la pratique:

Sheila Birnbaum; Kimberly Branscome; Mark Cheffo


Autres avocats clés:

Hayden Coleman; Katherine Unger Davis; Mara Cusker Gonzalez; Paul LaFata; Rachel Passaretti-Wu; Sara Roitman; Benjamin Sadun; Jonathan Tam


Les références

Kimberly Branscome is a strong practitioner with excellent strategic smarts.’

Principaux clients

Atrium Medical Corporation


BioAtla


GlaxoSmithKline (GSK)


Moderna


Purdue Pharma


Viatris


Principaux dossiers


  • Representing 3M in product liability litigation involving allegations that a product sold to the military is related to hearing loss suffered by servicemen and women.
  • Representing Atrium Medical Corporation in personal injury lawsuits that have been filed involving their hernia mesh products, including an MDL in New Hampshire.
  • Representing Moderna as US national counsel regarding any product liability issues relating to its COVID-19 vaccine.

DLA Piper LLP (US)

Drawing upon the expertise of ‘industry leaders who take a strategic and proactive approach to managing mass tort and related product liability litigation’, DLA Piper LLP (US) is a popular choice among life sciences clients for critical and business sensitive disputes. The firm displays ‘a very collaborative process in how they approach cases’, and is able to very effectively lead major MDLs/class actions utilizing lawyers with ‘a deep understanding of the biopharmaceutical industry’, as well as core procedural prowess. The firm has secured ‘exceptional results’ for many clients regularly securing mass tort victories at an early stage through persuasive dispositive motions, including as it relates to striking out plaintiff experts through Daubert Motions. Recognized as ‘the pre-eminent leader and authority in the mass tort, product liability and life-sciences area’, New York-based partner Loren Brown  has been pivotal to many of these early successes, including his success, alongside ‘innovative thinker’ Raymond Williams , for Novo Nordisk at summary judgment in mass tort litigation involving claims that its diabetes medication Victoza causes pancreatic cancer. ‘Outstanding’ Atlanta-based product liability team head Christopher Campbell  leads from the front and is noted for his ‘excellent legal skills’ and ‘co-ordination skills’, including in the context of large-scale multinational matters. Based out of Boston, Matthew Holian co-chairs the firm’s life sciences sector and regularly forms a key member of national counsel roles the firm has in complex, multi-jurisdictional product liability suits. Also based in Boston, Katie Insogna continues to impress life sciences clients and is particularly effective developing expert witnesses, on discovery matters and in relation to dispositive motions. Other key members of the team include Lucas Przymusinski , whose ‘knowledge of science and medical aspects of a case is at the cutting edge of the industry’, and Dallas-based first-chair trial lawyer Lyn Pruitt .

Responsables de la pratique:

Christopher Campbell


Autres avocats clés:

Loren Brown; Matt Holian; Lyn Pruitt; Katie Insogna; Lucas Przymusinski; Jae Kim; Breanna Fields; Raymond Williams


Les références

The firm takes on the most business-critical matters for its clients, with exceptional results.’

As a big firm, they have tonnes of resources, and use the latest technology. They have a very collaborative process in how they approach cases.’

All of the attorneys at DLA are extremely bright and easy to communicate with, and accessible.’

Principaux clients

Pfizer


Bayer


Bristol-Myers Squibb


Novo Nordisk


Medtronic


Sanofi


Magnolia Medical Technologies


3M


Principaux dossiers


  • Represented Novo Nordisk (Novo) when the Ninth Circuit Court of Appeals affirmed summary judgment for Novo in mass tort litigation involving claims that Novo’s diabetes medication Victoza causes pancreatic cancer.
  • Representing Bayer  in mass tort litigation involving Essure, a permanently implantable contraceptive device for women that Bayer discontinued in 2018.
  • Representing Sanofi for litigation and regulatory issues relating to Zantac, a common heartburn medication that allegedly contains and/or is contaminated with NDMA, a possible carcinogen.

Goldman Ismail Tomaselli Brennan & Baum LLP

The ‘extremely responsive’ team at litigation boutique Goldman Ismail Tomaselli Brennan & Baum LLP provides an ‘excellent work product’ to pharmaceuticals companies in the defense of high-profile product liability cases throughout the country. Noted for its ability to handle highly technical and scientific issues, the firm excels in dealing with expert witnesses. The firm’s depth and quality of trial lawyers ensures that it also regularly engaged on the eve of bellwether trials or towards the end of the discovery phase. Team head Tarek Ismail is ‘hands down one of the top trial lawyers in the country’, with a track recording featuring successes over the years for high-profile life sciences companies including Johnson & Johnson, AbbVie and Merck in bet-the-company cases. Shayna Cook is also rated as a ‘fantastic trial lawyer’, skilled at leading high-stakes MDL as as well as handling trials. In Dallas, Joe Tomaselli focuses on developing and implementing winning scientific theories of the case, where his ‘ability to learn just about any topic and shepherd the scientific aspect of the case through the litigation process is second to none’. Based out Santa Monica, Ken Baum  is also ‘extraordinarily good with expert witnesses’, with his persuasive depositions often paving the way for MDL-ending Daubert rulings. Of the more junior partners Jennifer Greenblatt continues to impress, regularly securing victories for clients at a dispositive motion stage, while the ‘incredibly bright and skilled’ Allyson Julian and Emma Ross , who is ‘extraordinarily good with expert witnesses’, are also key up-and-coming names. All named practitioners are Chicago based unless otherwise noted.

Responsables de la pratique:

Tarek Ismail


Autres avocats clés:

Shayna Cook; Joe Tomaselli; Ken Baum; Jennifer Greenblatt; Rami Fakhouri; Michael Casner; Edward Dumoulin; Allyson Julien; Emma Ross


Les références

The team is extremely responsive and provides an excellent work product.’

One of the best firms in the country and their trial lawyers are spectacular.’

Tarek Ismail – the smartest person (not just lawyer) I have ever met. He is hands down one of the top trial lawyers in the country.’

Principaux clients

Merck & Co., Inc.; Merck Sharp & Dohme LLC; Schering-Plough Corp.; Schering Corp.; and MSP Singapore Co. LLC


Bayer HealthCare Pharmaceuticals Inc.; Bayer HealthCare LLC; Bayer Corp.; Bayer Pharma AG; Bayer AG, and Bayer OY


Monsanto Company


3M


Johnson & Johnson; Ethicon, Inc.; and Janssen Pharmaceuticals


Rex Medical L.P.


UCB, Inc.


AbbVie, Inc.


Gilead Sciences, Inc.


GlaxoSmithKline plc


Dow Chemical Company and Union Carbide Company


Principaux dossiers


  • Representing Merck in all US-based products-liability litigation relating to Merck’s Gardasil vaccine, which protects against human papillomavirus (HPV) infection and cervical cancer, as well as other types of cancer caused by HPV infection.
  • Representing Bayer in products-liability cases pending nationwide in state and federal court relating to gadolinium-based radiology-imaging contrast agents.
  • Representing  3M on thousands of environmental and products-liability claims pending nationwide against 3M and other perfluorinated compound manufacturers and distributors in various state and federal courts (including an MDL and coordinated proceedings).

King & Spalding LLP

With a deep bench of product liability lawyers spread throughout the country, including a particularly focused degree of expertise within the pharmaceuticals space out of the firm’s Atlanta and New York offices, King & Spalding LLP remains a popular choice among leading life sciences clients, including GlaxoSmithKline, Johnson & Johnson and Boehringer Ingelheim, to handle many of their most complex disputes. As well as procedural and core litigation capabilities, clients benefit from deep understanding of the underlying science involved in the cases, with a number of practitioners also benefiting from advanced science degrees. As well as regularly achieving success through compelling dispositive motions, the team is also adept trying cases, with a number of the lawyers within the group adept at providing persuasive arguments in jury and bench trials. One such lawyer is Atlanta-based partner Andrew Bayman , who has gained a strong reputation for trying cases, including in often complex and innovative matters; exemplified by his historical involvement for GlaxoSmithKline in the first “innovator liability” trial in the country. Recently recognized by the American College of Trial Lawyers, New York-based first-chair trial lawyer Morton Dubin is also key to the firm’s success at a trial stage and regularly works alongside Kristen Fournier in high-profile disputes, including for Janssen Pharmaceuticals in connection with the MDL concerning the prescription drug Elmiron. Atlanta-based partner Adam Spicer is also recommended.

Responsables de la pratique:

Geoffrey Drake; Bobby Woo


Autres avocats clés:

Andy Bayman; Morton Dubin; Kristen Fournier; Adam Spicer; Lana Varney; TaCara Harris; Julia Zousmer; Gregory Ruehlmann; Michael Vives


Principaux clients

AstraZeneca


Boehringer Ingelheim


Bristol-Myers Squibb


Eisai, Inc


GlaxoSmithKline


Johnson & Johnson/Janssen Pharmaceuticals, Inc.


Kenvue (formerly known as Johnson & Johnson Consumer Inc.)


Organon


Walmart, Inc.


Principaux dossiers


  • Acting as national counsel to Boehringer Ingelheim in all litigation arising from allegations that heartburn medication Zantac is associated with an increased risk of cancer.
  • Representing Janssen Pharmaceuticals in MDL in the District of New Jersey, as well as co-ordinated Pennsylvania and New Jersey state court litigation, alleging that Janssen’s ELMIRON®, a drug commonly prescribed for symptoms associated with interstitial cystitis (painful bladder syndrome), can cause permanent vision damage including a condition referred to as pigmentary maculopathy.
  • Representing Walmart in a nationwide litigation involving allegations that retailers of private-labelled acetaminophens failed to warn pregnant mothers about the potential risks to their children of prenatal exposure to the drug.

Reed Smith LLP

Able to leverage specialists from the East and West Coasts, Reed Smith LLP excels in defending major pharmaceutical and medical device manufacturers in big-ticket product liability disputes, where its lawyers deploy ‘a nice mix of book smarts and street knowledge that they use to effectively develop and then implement on strategy’. Many of these take the role of sprawling MDL/class actions, and it is the firm’s deep subject matter knowledge and ability to field nationwide resource intensive teams that is a hallmark of the firm’s approach in the field. As well as effectively coordinating and providing strategic guidance throughout the course of large-scale mass torts, the firm also has a strong reputation for trying cases, regularly achieving notable successes in bellwether trials that pave the way for an improved outcome for defendant clients. Vastly experienced Los Angeles-based trial lawyer Michael Brown is a formidable opponent in the courtroom and has gained a richly deserved reputation as a leading authority in the area of federal pre-emption, in both trial and appellate courts. Other key first-chair lawyers include Philadelphia-based practitioners Barbara Binis, Stephen McConnell and Robert Nicholas. Princeton-based Melissa Geist leads the team and is particularly noted for her skill at helping company witnesses provide compelling testimony during depositions and at trial.

Responsables de la pratique:

Melissa Geist


Autres avocats clés:

Michael Brown; Barbara Binis; Stephen McConnell; Robert Nicholas


Les références

Reed Smith has a deep bench of lawyers that have represented clients in some of their most challenging matters for more than three decades.’

The firm has evolved with the times and continues to be a thought leader in the space.’

Reed Smith lawyers have a nice mix of book smarts and street knowledge that they use to effectively develop and then implement on strategy.’

Williams & Connolly LLP

Able to mobilize ‘excellent lawyers from top to bottom’ – including practitioners with trial and appellate experience, and expertise of dealing with government investigations and litigation – Williams & Connolly LLP is well-positioned to provide all encompassing representation of pharmaceutical and medical device manufacturers in big-ticket product liability disputes. The Washington DC-based litigation powerhouse has ‘superb strategic nous’, as well as deep industry knowledge, ensuring that it provides ‘very practical and focused advice’ and ‘avoids getting caught up in unimportant details’. ‘One of the best strategists in the industry’, Joseph Petrosinelli has ‘immense credibility with judges and opposing counsel’, developed over many years of operating at the very highest level of work in the space, particularly in the context of MDLs, co-ordinated proceedings and class actions. Recognized by a peer firm as ‘one the best brief-writers I have encountered’, Paul Boehm is accomplished at managing cases from the discovery phase through to trial, where he excels in digesting complex scientific information and presenting to juries in a compelling narrative. Neelum Wadhwani ‘s star is also in the ascendancy as a result of a varied caseload that has seen her involved in firmwide litigation teams relating to the opioid crisis, medical devices and alleged injury caused by chemotherapy medicine. The ‘superb’ Heidi Hubbard co-heads the team alongside Petrosinelli and is frequently brought in by major pharmaceutical companies to act as trial counsel in state and federal courts throughout the country.

Responsables de la pratique:

Heidi Hubbard; Joseph Petrosinelli


Autres avocats clés:

Paul Boehm; Neelum Wadhwani; Richmond Moore; Adrienne Van Winkle; Liat Rome; Haley Wasserman


Les références

Williams & Connolly has excellent lawyers at all levels of experience. What makes them unique is that they are very versatile and very practical.’

The team is very practical and focused; it avoids getting caught up in unimportant details.’

‘The team displays superb strategic nous.’

Principaux clients

Pfizer, Inc.


Medtronic plc


Merck, Sharp & Dohme Corp.


GlaxoSmithKline LLC


Stryker Corp.


AstraZeneca


Cardinal Health


Principaux dossiers


  • Representing Pfizer’s subsidiary Hospira in an MDL in the Eastern District of Louisiana in which the plaintiffs allege they were inadequately warned about the risk of permanent hair loss associated with the chemotherapy medicine, Docetaxel, including a trio of back-to-back summary judgment wins in bellwether cases set for trial.
  • Representing Medtronic and its subsidiary Covidien in nationwide mass tort litigation involving the company’s hernia mesh products.
  • Representing AstraZeneca in products liability litigation (MDL and co-ordinated state proceedings) alleging that a class of gastric acid reduction medicines, including Nexium, purportedly causes kidney injuries.

Bowman and Brooke LLP

Appreciated for its ‘problem solving approach’, the result of many years’ experience handling work in the field, product liability-focused litigation firm Bowman and Brooke LLP is well-versed in developing ‘innovative and effective strategies’ for an impressive roster of pharmaceutical and medical devices clients. With litigators spread across many key nationwide offices, the firm is very effective at managing mass tort disputes, displaying a trial-ready approach resulting in some notable victories, including in key bellwether cases. Texas-based partner Randall Christian  has earned a strong reputation defending pharmaceutical manufacturers in cases heard before multiple federal and state courts; he continues to act as national co-ordinating counsel to Japanese pharmaceutical company Daiichi Sankyo in its Injectafer litigation. Minneapolis-based trial lawyer Kim Schmid co-heads the team along with Christian and excels in handling medical device-related product liability cases.

 

 

Responsables de la pratique:

Kim Schmid; Randall Christian


Autres avocats clés:

Chris Carton; John Garrett; Erica Mekles; Katherine Handy


Les références

‘The national footprint for the product liability team, and the problem solving approach makes them my go to firm.’

They help me to develop innovative and effective strategies to manage litigation and mass torts.’

Principaux clients

Daiichi Sankyo, Inc.


Patheon Manufacturing Services LLC


Chubb: Mass tort, Trial Counsel for Medical Device and Drug litigation


TM Claims Service, Inc. (Tokio Marine): Life Sciences Panel


Principaux dossiers


  • Representing Patheon Manufacturing Services LLC in litigation involving Zantac.
  • Representing Daiichi Sankyo, Inc. in its Injectafer litigation.

Butler Snow LLP

With its roots in the Deep South but now increasingly national in scope, Butler Snow LLP continues to gain excellent traction in the market on behalf of medical device and pharma companies. The team works well with other law firms and has gained a strong reputation approach in the context of “virtual law firms” in the defense of mass tort litigation. The firm acted as national coordinating counsel for Johnson & Johnson and Ethicon in the sprawling pelvic mesh MDL led to a raft of work throughout the litigation life cycle – including for the motions sub-group, which oversaw and drafted a huge number of summary judgements and Daubert motions. Although the MDL is now closed, the firm continues to handle individual cases outside of the consolidated process, recently securing a series of back-to-back defense verdicts at trial. William Gage is vastly experienced both a trial level and in terms of his over overarching strategic prowess; he continues to manage the firm’s relationship with Johnson & Johnson in the pelvic and hernia mesh litigation. Although she is capable at all stages of the litigation process, Austin-based partner Kim Bueno  is particularly adept at trying cases. With many years’ private practice experience under her belt and also attuned to understanding the underlying business implications, as a result of her previous three-year secondment at a major pharma company, team head Alyson Jones is a popular choice among clients for managing MDLs as well as handling individual plaintiff cases. All named practitioners are based out of Mississippi, unless otherwise indicated.

 

Responsables de la pratique:

Alyson Jones


Autres avocats clés:

Kim Bueno; Paul Cassisa; La’Verne Edney; William Gage; Eric Hudson; Chad Hutchinson; Rod Richmond; Kari Sutherland; Tara Blake; Susanna Moldoveanu; Paul Rosenblatt; Travis Swearingen; Kasey Adams


Principaux clients

AbbVie Inc.


Apollo Endosurgery, Inc.


Boehringer Ingelheim Pharmaceuticals, Inc.


Daiichi Sankyo


Genentech


Johnson & Johnson


Merck & Co. Inc.


Novo Nordisk, Inc.


Sunrise Medical (US) LLC


Principaux dossiers


  • Representing AbbVie in defending litigation involving use of the ZELTIQ/Allergan CoolSculpting® device, including a lawsuit filed by model Linda Evangelista.
  • Representing Johnson & Johnson and Ethicon, Inc. in the pelvic mesh MDL, one of the largest litigations in history.

Greenberg Traurig LLP

Co-headed from Atlanta and Chicago by Sara Thompson and Gregory Ostfeld, respectively, and also drawing upon the expertise of many pharma and medical devices product liability experts throughout the firm’s extensive network of national offices, Greenberg Traurig LLP has the strength-in-depth to handle large caseloads on a national scale, while also deploying expert trial lawyers in challenging venues. Vastly experienced trial lawyer Lori Cohen has been key to the firm’s success over the years, taking the lead in many high-profile MDLs and mass torts, while also providing excellent mentorship of the firm’s younger attorneys. Cohen has successfully cultivated many longstanding and close relationships with leading life sciences/medical devices companies, including Becton Dickinson, who she represents as national and trial counsel across a range of high-profile product liability cases including as it relates to hernia and pelvic mesh. Glenn Kerner and Nilda Isidro are key names both on the litigation front, including for generic pharmacy manufacturer Teva, and in relation to risk management and counselling.

Responsables de la pratique:

Sara Thompson; Gregory Ostfeld


Autres avocats clés:

Lori Cohen; Sabrina Gallo; Nilda Isidro; Ethel Johnson; Glenn Kerner; Victoria Lockard; Cliff Merrell; Ginger Pigott; Marcella Ducca; Alexandra Lagos; Enjoliqué Lett; Sean Jessee; Jacqueline Tambone deGrandpre; Evan Holden; Daniel Smulian; Allison Ng; Taryn Harper; Akiesha Gilcrist Sainvil; Steven Harkins


Principaux clients

Smith + Nephew


Boehringer Ingelheim


Bracco Diagnostics / ACIST Medical Systems


Teleflex


UCB


Becton, Dickinson and Company; C. R. Bard, Inc.


Sandoz Inc.; Eon Labs, Inc.


Teva Pharmaceuticals USA, Inc.


Bausch Health Companies, Inc.


Medtronic, Inc.


Alcon Vision LLC


Sterigenics U.S., LLC; Sotera Health


Berkley Life Sciences, LLC


aap Implantate AG


Artivion (f/k/a CryoLife)


Danaher Corp.


W. L. Gore & Associates, Inc.


B. Braun Interventional Systems, Inc.


Glenmark Pharmaceuticals, Inc.


Johnson & Johnson / Janssen


Kimberly-Clark Corporation


Novartis Pharmaceuticals Corporation


Principaux dossiers


  • Representing BD/Bard in their inferior vena cava (IVC) filter and hernia mesh litigation.
  • Representing Medtronic in cases involving implantable cardiovascular devices, neuromodulation devices, and implanted intrathecal pain pump devices.
  • Representing Teva Pharmaceuticals in amiodarone litigation in the Third Circuit Court of Appeals, which affirmed the dismissal of all claims in Bennett et al. v. Teva Pharmaceuticals USA Inc.

Hughes Hubbard & Reed LLP

Lauded for its ‘deep legal, regulatory, and scientific knowledge’, Hughes Hubbard & Reed LLP provides ‘unparalleled client service’ to clients, often working collaboratively with other counsel in a “virtual law firm” setting to defend pharma and medical device companies against high-profile mass tort claims. The firm has also gained a market-leading reputation for its ability to effectively co-ordinate cross-border litigation, providing ‘very efficient, smooth and productive communication and work’, as a result of its ‘close familiarity with multinationals’ culture and requirements as well as with foreign law firms’. James C. Fitzpatrick  and Charles W. Cohen  have been key to this success and have both developed ‘vast international experience in different jurisdictions’ over the years. They both also ‘have exceptional skills to present creative and strong arguments’, with Fitzpatrick, in particular, noted for his ‘cutting-edge abilities on the scientific aspects’, and ability to effectively develop strong arguments working with medical and science experts. Robb Patryk  co-heads the team with Fitzpatrick and as part of his broad product liability practice regularly handles pharma-related disputes.

 

 

Responsables de la pratique:

Robb Patryk; James C. Fitzpatrick


Autres avocats clés:

Charles W. Cohen; Theodore Mayer; Bill Beausoleil; Daniel Weiner; Fara Tabatabai; Jennifer Suh; Kevin Braker


Les références

With local counsel, the firm advises drug and medical device manufacturers respecting class action and mass tort claims across the world in states with widely different legal regimes, cultures, languages, etc.’

The team is very easy to work with, provides unparalleled client service and has deep legal, regulatory, and scientific knowledge across aspects of the issues involved.’

‘The firm is particularly well equipped in co-ordinating cross-border litigation, particularly defending effectively class actions. Their close familiarity with multinationals’ culture and requirements as well as with foreign law firms, facilitates very efficient, smooth and productive communication and work.’

Principaux clients

New York Blood Center


Organon & Co.


Merck Animal Health


Organon & Co.


Principaux dossiers


  • Representing Merck Animal Health concerning its most popular and successful product Bravecto® in a putative nationwide class action.
  • Representing Organon & Co. and the Merck entities that Organon is indemnifying against a lawsuit pending in the Western District of Arkansas in which Plaintiff alleges her descendent died from a blood clot allegedly caused by Organon’s flagship contraceptive implant Nexplanon.
  • Representing New York Blood Center Inc in its personal injury litigation.

Kirkland & Ellis LLP

Noted for its ‘highly strategic approach’, which combines first-chair trial skills, alongside deep subject knowledge and procedural expertise, Kirkland & Ellis LLP is a popular choice among life sciences and pharma companies facing down high-stakes, bet-the-company litigation. Jennifer Levy in Washington DC and Chicago-based Donna Welch have been pivotal to the firm’s success in the area, most notably for their ‘outstanding’ work on behalf of Allergan, as one of the defendants accused in private and government-led litigation for its role in fuelling the opioid epidemic in the US. ‘Well-respected’ Washington-DC-based trial lawyer Mike Brock is also a key member of the team and has notched up numerous successes for pharma and life sciences companies, particularly in product liability and mass tort cases.

Autres avocats clés:

Mike Brock; Jennifer Levy; Leslie Smith; Donna Welch


Les références

The firm provides a highly strategic approach on product liability litigation.’

Donna Welch and Jennifer Levy are outstanding.’

‘Mike Brock is a well-respected trial lawyer.’

Principaux clients

Allergan


Barretts Minerals, Inc.


Syngenta Corporation


Principaux dossiers


  • Representing Allergan in state and federal governmental investigations, congressional inquiries and thousands of civil suits (many consolidated in federal MDL) related to its sale and marketing of opioid painkillers.
  • Representing Barretts Minerals, Inc and other talc industry defendants in litigation initiated by a plaintiff, which alleges that he acquired mesothelioma as a result of exposure to asbestos from talcum powder products.

Mayer Brown

With substantial litigation expertise at trial and appeal levels, combined with deep substantive knowledge of product liability issues within the sector, Mayer Brown is a popular choice for pharma and medical device companies on work throughout the litigation continuum. As well as regularly acting as liaison counsel for defense groups in MDLs, the firm has established a strong reputation in the successful defense of brand name pharmaceutical manufacturers against innovator liability claims. New York-based Henninger Bullock  is pivotal to much of the work handled by the team and as well his involvement, alongside Michael Olsen , for GSK in innovator liability defense work, is also currently advising Endo Pharmaceuticals on alleged discovery violations relating to the opioid litigation. Daniel Ring  co-heads the team alongside Bullock and Olsen. All named practitioners are based out of Chicago unless otherwise indicated.

 

 

Responsables de la pratique:

Hank Bullock; Michael Olsen; Daniel Ring


Autres avocats clés:

Niketa Patel


Principaux clients

3M


Abbott Laboratories


Cook Medical


Eli Lilly


Endo Pharmaceuticals


GlaxoSmithKline


Medtronic, Inc.


St. Jude Medical Inc.


Terumo Medical Corp.


Teva Pharmaceutical Industries Ltd.


3M


Abbott Laboratories


Cook Medical


Eli Lilly


Endo Pharmaceuticals


GlaxoSmithKline


Medtronic, Inc.


St. Jude Medical Inc.


Terumo Medical Corp.


Teva Pharmaceutical Industries Ltd.


Principaux dossiers


  • Advising Endo on highly controversial and aggressive allegations of discovery violations related to the opioid litigation.
  • Representing GSK in innovator-liability claims relating to Lamictal/lamotrigine, working particularly on early-case assessments, research, discovery, motion practice, trial, and appellate preservation.

Morgan, Lewis & Bockius LLP

Leveraging the expertise of practitioners throughout the country with product liability, regulatory and government investigations prowess, Morgan, Lewis & Bockius LLP advises pharma and medical devices companies, both from a risk management perspective as well as through the life cycle of litigation. The firm has been particularly visible in the high-profile opioid litigation, continuing to act for both Teva Pharmaceuticals and Rite Aid, as they seek to face down lawsuits filed by state attorneys general and local governments throughout the country. Pittsburgh-based litigator Wendy West Feinstein excels in jury trials, as well as securing summary judgment as a result of pretrial strategy and cross-examination of experts. Notably, in a nearly five-month trial conducted entirely over Zoom as a consequence of Covid-19, she obtained the first trial defense victory in the national prescription opioid litigation in California for Teva. Washington DC-based partner Paul Zevnik heads up the product liability, tort and insurance practice.

 

Responsables de la pratique:

Paul Zevnik


Autres avocats clés:

Yardena Zwang-Weissman; Wendy West Feinstein; John Lavelle; Collie James; Nancy Patterson; Harvey Bartle; Mark Fiore; Evan Jacobs; Adam Teitcher; Adam Hammoud; Katherine Vaky; Maureen Barber; Monica Pedroza


Principaux clients

Teva Pharmaceuticals and affiliates


Rite Aid Hdqtrs Corp.


Philips Respironics


Aurobindo Pharmaceuticals


Merck


Principaux dossiers


  • Represented Teva Pharmaceuticals and affiliates in securing the first trial defense victory in the national prescription opioids litigation in California.
  • Representing Philips Respironics for the MDL resulting from the ongoing voluntary recall of certain Philips Respironics CPAP, BiPAP, and mechanical ventilator prescription medical devices.
  • Representing Rite Aid in the MDL —In re National Prescription Opiate Litigation (MDL No. 2804)—pending in the US District Court for the Northern District of Ohio.

Nelson Mullins Riley & Scarborough LLP

Noted, in particular, for its trial ready approach, Nelson Mullins Riley & Scarborough LLP has a long and distinguished track record defending pharma and medical device companies in product liability litigation in courts all over the country. This capability has been further enhanced in recent years by some high-profile trial lawyers joining the firm’s ever expanding geographical footprint, thereby affording it the critical mass to handle a plethora of ongoing cases irrespective of location. South Carolina-based partner David Dukes is one of the “old guard” at the firm and remains a popular choice among clients in the sector as a result of his advocacy skills and aptitude at explaining complex scientific issues to lay jurors. Richard North in Atlanta and Baltimore-based Mike Brown are also seasoned litigators, with both regularly achieving success in bellwether trials throughout the country. Molly Jean Given is an experienced product liability litigator and has ‘broad experience in medical device products defense’. South Carolina-based partner Mark Jones heads the team.

Responsables de la pratique:

Mark Jones


Autres avocats clés:

Mike Brown; David Dukes; Richard North; Terri Reiskin; Alana Bassin; Kate Skagerberg; Molly Jean Given; Ryan Cullen; Rachel Byrnes


Les références

‘Molly Given is an excellent attorney with broad experience in medical device products defense. I particularly appreciate her practical approach to all matters.’

Molly Given is an experienced, practical attorney in medical device products litigation.’

Principaux clients

C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.


Boston Scientific Corporation


Endologix Inc. / Endologix LLC


GlaxoSmithKline


Johnson & Johnson (including some of its major subsidiaries: Janssen Pharmaceuticals, Ethicon, Mentor Worldwide LLC)


Smith & Nephew, Inc.


Norton Rose Fulbright

D’Lesli M Davis heads up Norton Rose Fulbright‘s Texas-based life sciences and healthcare group that has national reach and provides comprehensive representation of clients in the sector in the defense of high-stakes litigation, as well as in relation to drug safety mandates. The team often has a lead role in large consolidated actions and MDLs and is able to marshal resources from its broader overarching product liability, mass torts and commercial litigation teams should the need arise. As well as handling conventional personal injury-related matters, Davis has been particularly effective in positioning the firm at the very pinnacle of cases relating to economic loss, not only behalf of affected consumers but also third party payers. Jonathan B Skidmore is noted for his trial expertise, as well as his ability to strategize in large-scale mass torts in the life sciences space, and senior associate Ellie Norris continues to impress for her pivotal work on big-ticket litigation, including on the discovery side, as well as working alongside expert and fact witnesses to ensure they persuasively advance the defense narrative.

Responsables de la pratique:

D’Lesli Davis


Autres avocats clés:

Jonathan Skidmore; Ellie Norris


Principaux clients

McKesson


Takeda


Principaux dossiers


  • Representing Takeda Pharmaceuticals in the PPI personal injury MDL pending in Newark, as well as in a national RICO class action arising from allegations of failure to warn of side effects pending in federal court in Los Angeles.
  • Representing major pharmaceutical wholesaler McKesson Corporation in the 3-pronged Sartan MDL.

O'Melveny & Myers LLP

Co-headed by Steven Brody and Sabrina Strong from Washington DC and Los Angeles, respectively, O'Melveny & Myers LLP‘s product liability and mass tort team has developed a strong reputation within the life sciences sector and is adept at defending clients in both private class actions, as well as in relation to investigations and enforcement actions initiated by state attorneys general. The team has regularly been involved in the defense of public nuisance claims. Appellate lawyers often form part of the firm's broader trial team, ensuring that potential appealable issues are spotted early.

 

Responsables de la pratique:

Steve Brody; Sabrina Strong


Autres avocats clés:

Richard Goetz; Amy Laurendeau; Jonathan Schneller; Carlos Lazatin; Esteban Rodriguez


Principaux clients

Johnson & Johnson and Janssen Pharmaceuticals


Johnson & Johnson and Ethicon, Inc.


AstraZeneca and Amylin Pharmaceuticals


Colgate-Palmolive Co.


 


Shook, Hardy & Bacon LLP

Leveraging the expertise of product liability lawyers spread throughout the country, including in key offices centered in Miami and Kansas City, Shook, Hardy & Bacon LLP often acts as regional or national counsel in large-scale class actions and MDLs, in which it regularly achieves favorable outcomes for clients as a result of aggressive discovery, at a pre-trial motion stage or in trial. Often working alongside the firm’s unique cadre of in-house research analysts, the trial team is very effective at handling cases with complex technical and scientific information. Miami-based trial lawyer Hildy Sastre  is very effective at conveying complex technical information to juries and is a popular choice among clients to represent them in high-stakes bellwether cases and cases of first impression. Sastre co-heads the team alongside Miami-based trial lawyer William Geraghty  and Kansas City-based practitioner Katie Gates Calderon , who as part of their wide-ranging product liability also regularly handle work in the pharma and medical device sector.

Responsables de la pratique:

Hildy Sastre; Katie Gates Calderon; William Geraghty


Autres avocats clés:

Madeleine McDonough; Ken Reilly; Rob Adams; Sean Wajert; Robert Simpson; Jennifer Voss; Annie Chuang; Eric Anielak; James Shepherd; Harley Ratliff; Jon Strongman


Principaux clients

Sanofi U.S.


Gilead Sciences


Boston Scientific Corporation


Roche/Genentech


Stryker Corporation


Zoetis Inc.


Atrium Medical / Getinge


Troutman Pepper

Troutman Pepper is well-positioned to handle major product liability cases in courts throughout the country. The team, which has a particularly strong presence out of Philadelphia, combines deep industry knowledge with procedural and strategic smarts, ensuring that pharma and medical device companies are effectively represented throughout the litigation process. As well as regularly being engaged as national and trial counsel, the firm has a ‘particular strength in the strategic resolution side of mass torts’ and is consequently regularly appointed as national settlement counsel on MDLs and class actions. Although he is also an accomplished litigator, Sean Fahey ‘s ‘greatest asset lies in the strategic resolution space’, where he is praised for his ability to ‘work well with plaintiffs to reach a resolution for a fair price’. Fahey heads up the health sciences litigation practice that also includes ‘first-rate litigator’ Barry Boise  and Ronni Fuchs, who ‘is very good at handling the science issues and working with experts’. All named practitioners are based in Philadelphia.

Responsables de la pratique:

Sean Fahey


Autres avocats clés:

Eric Rumanek; Barry Boise; Halli Cohn; Ronni Fuchs; Brett Tarver


Les références

The firm, has a long history of being one of the pre-eminent firms in the drug and device space.’ 

They have a particular strength in the strategic resolution side of mass torts.’

Sean Fahey stands out for his strategic and problem solving abilities and working well with plaintiffs to reach a resolution for a fair price. He is also a strong litigator but his greatest asset lies in the strategic resolution space.’ 

Principaux clients

Zhejiang Huahai Pharmaceutical Co (ZHP China)


Collegium Pharmaceutical, Inc.


Eli Lilly and Company


Becton Dickinson


GlaxoSmithKline


Johnson & Johnson and Ethicon


Medtronic, Inc.


Boehringer Ingelheim


Tucker Ellis LLP

Primarily based out of the firm’s Chicago and Cleveland offices, led by Sherry Knutson and Tariq Naeem, respectively, Tucker Ellis LLP‘s health and life sciences group regularly defends leading pharmaceutical and medical device companies in both single plaintiff and aggregated proceedings, from initial investigation, to pleadings and dispositive motion briefing, to discovery and depositions, through settlement, trial, and appeals. In Cleveland, Charissa Walker is regularly involved in defense work in the sector, both in state and federal courts throughout the US, often taking a key role at the motions stage, as well as managing the co-ordination of large-scale MDLs, where she works closely with co-counsel to ensure a consistent approach is maintained. The firm also has strength on the West Coast, where Los Angeles-based trial lawyer Michael Zellers has a strong reputation serving as national, state, and trial counsel to clients on individual and mass tort pharmaceutical and medical device litigation.

Responsables de la pratique:

Sherry Knutson; Tariq Naeem


Autres avocats clés:

Caroline Tinsley; Michael Zellers; Charissa Walker; James Mizgala; Mollie Benedict


Principaux clients

Johnson & Johnson |(including subsidiaries and franchises, such as Janssen Pharmaceuticals, Inc.; Ethicon, Inc. and Ethicon Endo-Surgery, LLC; and DePuy Orthopaedics, Inc. (nka DePuy Synthes))


Boehringer Ingelheim USA Corp.


Smith & Nephew


Pfizer Inc.


Venable LLP

Co-headed by Kathleen Hardway  and Jason Rose Venable LLP‘s Baltimore-based product liability and mass tort team has a strong reputation in the life sciences space where it combines deep industry and technical knowledge with excellent strategic awareness and regulatory expertise to good effect in many big-ticket consolidated disputes. The team is commonly brought in to act as national counsel on MDLs and is very adept at working in a collegial fashion with other counsel in “virtual law firm” settings. A member of the American College of Trial lawyers, Craig Thompson  is a key member of the team, particularly in the context of trial work, where he displays an excellent ability to distil complex scientific information into a compelling and simplified narrative for juries. The firm also has niche expertise defending vaccine manufacturers against claims of vaccine injury, an area that Dino Sangiamo is particularly accomplished.

Responsables de la pratique:

Kathleen Hardway; Jason Rose


Autres avocats clés:

Steve Marshall; Bruce Parker; Craig Thompson; Dino Sangiamo; John McCauley; Michaela Roberts; JaMar Mancano; Thomasina Poirot


Bryan Cave Leighton Paisner

Although the scope of its work does include some national mandates, Bryan Cave Leighton Paisner‘s St Louis-based team has developed a particularly strong reputation for handling regional product liability defense work in the Midwest. In this context, the team regularly forms an integral part of national counsel and trial teams with a significant nexus to work in the region and is noted for its ability to work ‘very collaboratively with other firms’Bettina Strauss often defends pharmaceutical and medical device companies in high-profile product liability litigation, where she is noted for her core trial skills as well as her aptitude at preparing company witnesses for trial and striking down opposing plaintiff experts through Daubert motions. The vastly experienced Dan Ball is praised as a ‘first-rate trial lawyer’. Other recommended practitioners include ‘very strong advocate’ Liz Blackwell and San Francisco-based Lee Marshall, who is lauded as a ‘skilled appellate advocate’. Strauss co-heads the firm’s pharma and medical devices class action and mass tort team alongside Timothy Hasken . All named practitioners are based out of St Louis unless otherwise indicated.  

 

Responsables de la pratique:

Timothy Hasken; Bettina Strauss


 


Autres avocats clés:

Dan Ball; Liz Blackwell; Lee Marshall; Rick Cassetta; Stefani Wittenauer


Les références

‘I really value the ability of the team to consider the bigger picture, advise on themes and dispositive issues.’

The team works very collaboratively with other law firms.’

Dan Ball is a first-rate trial lawyer.’

Principaux clients

Monsanto (nka Bayer)


Enterprise Holdings


Combe Inc.


Janssen Pharmaceuticals, Inc.


Chubb Fire Ltd.


BNSF Railway


International Vitamin Corporation


Emerson Electric


Principaux dossiers


  • Represented Janssen Pharmaceuticals, Inc. in dozens of high-profile cases involving thousands of plaintiffs alleging personal injury cases pending in state courts in St. Louis City and St. Louis County.
  • Represented Boehringer Ingelheim in litigation in Missouri and Illinois involving the pharmaceutical product Zantac.
  • Representing Monsanto in tens of thousands of Roundup products liability mass actions.

Jones Day

Drawing upon the expertise of litigators spread throughout its national network of offices, the ‘first-rate‘ team at Jones Day is ‘excellent at developing case themes and strategies’ for life sciences clients as defendants in a range of individual wrongful death and personal injury claims, as well as consolidated litigation. On the MDL front, the team continues to represent Walmart as one of the defendants in the sprawling nationwide opioid litigation; to date successfully securing victory in numerous bellwether trials. Recognized as a ‘first-chair litigator’, Chicago-based partner José Isasidelivers persuasive oral arguments’ in the courtroom and is one of many well regarded trial lawyers, at both first instance and appellate level, including Atlanta-based team head Stephanie Parker .

 

 

Responsables de la pratique:

Stephanie Parker


Autres avocats clés:

José Isasi; Celeste Brecht; Meir Feder; Kristi Cercone; Ramanda Luper; Gillian Schroff


Les références

The first-rate team is excellent at developing case themes and strategies.’

‘It collaborates well with other firms and is also good in developing alternative fee arrangements.’

José Isasi is a great first-chair litigator who delivers persuasive oral arguments.’

Principaux clients

Bristol Myers Squibb


California Stem Cell Treatment Center, Inc.


Merck & Co.


Walmart Stores, Inc.


Principaux dossiers


  • Representing Walmart in all facets of the nationwide opioid litigation.
  • Representing Bristol Myers Squibb in a high-profile wrongful death lawsuit filed in federal court relating to a participant with Acute Lymphoblastic Leukemia, who died in a clinical trial for a breakthrough immunotherapy product utilizing CAR T cell therapy, allegedly as a result of a severe adverse reaction to the treatment.
  • Representimg STERIS subsidiary Isomedix Operations, Inc., in multiple lawsuits brought by dozens of personal injury plaintiffs in Cook County, Illinois alleging cancer and other diseases caused by exposure to Ethylene Oxide emissions from a medical device sterilization facility formerly owned by STERIS.

McGuireWoods LLP

Primarily centered out of its Richmond headquarters, McGuireWoods LLP is well-versed in defending clients from a range of sectors, including life sciences, in high-stakes product liability-related disputes. The firm’s trial ready approach has led to a raft of victories in state and federal courts throughout the country, while also ensuring that it is well-placed to secure early dismissals and favorable settlements. Key members of the versatile team, include Samuel Tarry  and Davis Walsh , who as well as handling fee-earning work, recently edited the American Bar Association’s Guide on Infectious Disease Litigation – particularly pertinent in light of the recent Covid-19 pandemic. Diane Flannery heads the team.

Responsables de la pratique:

Diane Flannery


Autres avocats clés:

Mark Anderson; Candace Ali Blydenburgh; Joan Anderson; Samuel Tarry; Davis Walsh


Principaux clients

Swedish Match


Principaux dossiers


  • Represented Swedish Match NA in a high-profile product liability action brought by plaintiffs who alleged that smokeless tobacco products caused one plaintiff’s tonsil cancer.

Morrison Foerster

Leveraging broad-based overarching life sciences prowess, which includes litigation, regulatory and patents expertise, Morrison Foerster is a popular choice among pharma and medical devices manufacturers, handling work throughout the product life cycle. Most of the firm’s strength in the sector is centered around its West coast offices, with San Diego-based partner Erin Bosman  regularly acting as national coordinating and trial counsel in life sciences class action cases, including her ongoing work for MicroPort Orthopedics, both nationally and throughout Europe, in product liability cases relating to alleging injuries from hip or knee replacement implants. Leveraging significant private practice experience, as well as strong technical understanding she developed in her previous role as a medicinal chemist at Pfizer, ‘exceptional’ San Diego-based partner Julie Park has excellent credibility with clients in the sector. New York-based partner David Fioccola co-heads the class actions and mass torts team alongside Bosman.

Responsables de la pratique:

Erin Bosman; David Fioccola


Autres avocats clés:

Julie Park; Tiffany Cheung; Purvi Patel; Alexis Amezcua; William Tarantino; Grant Esposito; Jessica Grant; Alexandra Barlow


Les références

This is an exceptional team that has deep domain experience, is highly strategic and doesn’t ever miss a detail. The team works exceptionally well together and is well balanced in knowledge and capabilities.’

Erin Bosman is at the top of the ticket and is one of the finest attorneys I have ever known. She is an outstanding strategist, knows the law and has exceptional oral and written communication skills.’

The exceptional Julie Park is quite adept at managing a case and client role relationships.’

Principaux clients

Etsy


McKesson Corporation


MicroPort Orthopedics Inc.


Northrop Grumman


Prelude Fertility, Inc.


Unilever


Principaux dossiers


  • Representing McKesson in MDL and state court proceedings comprising thousands of cases arising out of plaintiffs’ allegations that they suffered permanent hair loss after being treated for breast cancer with Taxotere.
  • Representing MicroPort Orthopedics in dozens of product liability cases pending around the country alleging injuries from hip or knee replacement implants.
  • Representing Prelude and Pacific MSO in a class action resulting in arbitration proceedings involving 200 households.

Skadden, Arps, Slate, Meagher & Flom LLP

Drawing upon the expertise of lawyers with former governmental experience at the FDA and DOJ, Skadden, Arps, Slate, Meagher & Flom LLP‘s Washington DC-centered life sciences and healthcare group provides focused and comprehensive advice to clients in the sector across the full scope of their work, from a risk management, product launching and litigation perspective. The firm has a strong record in disputes pursued in a multi-pronged fashion both in terms of civil litigation, as well as government investigations and enforcement actions. In addition, the firm’s separate Washington DC and New York-based mass torts, insurance and consumer litigation practice is a popular choice among clients in the sector engaged in large-scale class actions and MDLs relating to personal injury allegations. John Beisner heads this team and is adept at handling large-scale class actions at both a trial and appellate level. Both based out of New York, trial lawyer Allison Brown  has throughout her career secured many product liability-related jury victories, including for Johnson & Johnson in alleged personal injuries arising from the use of its baby powder, while Richard Bernardo is particularly noted for his pre-trial work including discovery, fact and expert witness preparation and juror research. On the enforcement and regulatory side, newly promoted partner Avia Dunn  has an excellent reputation, as does of counsel Karen Carallo, who has additional credibility due to her pervious role in-house at the FDA. Jennifer Bragg heads the life sciences and healthcare team. All named practitioners are based in Washington DC, unless otherwise noted.

 

Responsables de la pratique:

Jennifer Bragg; John Beisner


Autres avocats clés:

Avia Dunn; William McConagha; Karen Corallo; Amanda Chan; Allison Brown; Richard Bernardo; Jessica Miller; Nina Rose; Geoff Wyatt; Christopher Cox


Principaux clients

Johnson & Johnson (including Janssen)


Mallindrockt


Principaux dossiers


  • Represented Johnson & Johnson in an Illinois State Court case alleging that Johnson’s Baby Powder causes ovarian cancer.
  • Represented Janssen Pharmaceuticals, Inc. and Teva Branded Pharmaceutical Products, R&D, Inc. in cases alleging that use of Elmiron may be associated with permanent retinal injury and vision loss.
  • Represented Mallinckrodt in connection with a False Claims Act lawsuit filed in the US District Court for the Eastern District of Pennsylvania.

Weil, Gotshal & Manges LLP

Leveraging the expertise of litigators and regulatory practitioners spread throughout its national offices, including in New York and Washington DC,    Weil, Gotshal & Manges LLP is well-versed in handling work for life sciences clients throughout the full spectrum of their needs, including in the context of multi-pronged actions initiated by the plaintiffs’ bar as well as government agencies. Under the guidance of the ‘vastly experienced and skilled’ first-chair trial lawyer Diane Sullivan, the firm has gained most acclaim for its trial skills and is frequently parachuted in to act as trial counsel on the eve of important bellwether trials. For example, Sullivan recently led an all-female trial team, including Texas-based Liz Ryan  and Chantale Fiebig, in Washington DC, that secured a favorable mid-trial settlement for Giant Eagle in the first bellwether trial involving pharmacy defendants in the national opioid MDL. Working closely with the firm’s market-leading insolvency offering, the team is also well-placed to handle work for defendants which have chosen to undertake a “Texas Two-Step” bankruptcy process. Silicon Valley-based partner David Singh co-heads the overarching product liability and mass tort team alongside Sullivan.


Responsables de la pratique:

Diane Sullivan; David Singh


Autres avocats clés:

Theodore Tsekerides; Liz Ryan; Chantale Fiebig


Les références

Diane Sullivan is a vastly experienced and skilled litigator.’

Principaux clients

Giant Eagle


Repsol


PepsiCo


General Electric


Johnson & Johnson


Core-Mark


Procter & Gamble


ExxonMobil Corp.


Alibaba


Keith Lindner, Former Executive of Chiquita


Principaux dossiers


  • Represented Giant Eagle in the first bellwether trial in the opioid MDL involving pharmacy defendants, and orchestrating a favorable mid-trial settlement following an impressive series of cross-examinations, with billions at stake.
  • Representing Johnson & Johnson and certain affiliates in the Chapter 11 cases of Imerys Talc America, Inc. and its affiliates sued by tens of thousands of plaintiffs alleging that their talc products cause various types of cancer, including ovarian cancer and mesothelioma.

Winston & Strawn LLP

With strong core product liability expertise and also able to provide enhanced resources by virtue of its accomplished commercial litigation team, Winston & Strawn LLP has the strength-in-depth to handle large-scale MDLs and class actions for life sciences clients throughout the litigation process. The firm has a successful record both at first instance and at an appellate level, an approach that has elicited excellent results at an early stage through effective dispositive motions and in trials before juries. Although he is best-known for his work on patent-related disputes, esteemed trial lawyer George Lombardi has also had numerous victories in jury trials in product liability matters, as has San Francisco-based team head Sandra Edwards .

Responsables de la pratique:

Sandra Edwards


Autres avocats clés:

Andrew Tauber; Matthew Campbell; George Lombardi; Christopher Essig; Scott Ahmad; Matt Saxon; Bryce Cooper; Sharon Desh; Rand Brothers; Reid Smith; Francie Berger


Principaux clients

Hikma Pharmaceuticals


Otsuka America Pharmaceutical


Abbott Laboratories


Monsanto Company


Albertsons Companies


Principaux dossiers


  • Representing Abbott Laboratories in a series of more than 36 product liability lawsuits, filed by over 100 plaintiffs and spanning more than ten jurisdictions, alleging that cow milk-based preterm infant formula products cause a naturally occurring gastrointestinal disorder in premature infants.
  • Representing Hikma in the national opiate litigation–totaling more than 700 separate cases, which includes a sprawling multi-district proceeding consolidated in Ohio federal court and various state court actions, and are active in joint defence groups for In re National Prescriptions Opiate litigation.
  • Representing OAPI and OPC in an MDL in the Northern District of Florida and various state court actions, involving allegations by more than 4,000 plaintiffs that Abilify®, an atypical antipsychotic medication, causes impulse-control disorders.