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United States > Litigation > Mass tort and class action: plaintiff representation – pharmaceuticals and medical devices

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  1. Mass tort and class action: plaintiff representation – pharmaceuticals and medical devices
  2. Leading lawyers

Leading lawyers

    • Andy Birchfield - Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.
    • Michael Burg - Burg, Simpson, Eldredge, Hersh, Jardine, P.C.
    • Russ Herman - Herman, Herman, Katz & Cotlar, LLP
    • W Mark Lanier - The Lanier Law Firm
    • Mike Papantonio - Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A.
    • Michelle Parfitt - Ashcraft & Gerel LLP
    • Christopher Seeger - Seeger Weiss LLP

Herman, Herman, Katz & Cotlar, LLP, in New Orleans, provides ‘service of the highest caliber’, and has built a sterling reputation in the mass tort and class action space. It is involved in significant multi-district litigation (MDL), not only in pharmaceuticals product liability but also toxic tort. The ‘highly skilled’ Leonard Davis continues to serve on the steering committee in the DePuy defective hip replacement MDL. It also has key appointments in various other MDLs, including In re Vioxx Products Liability Litigation; In re Propulsid Products Liability Litigation; In re Rezulin Product Liability Litigation, In re Phenylpropanolamine (PPA) Products Liability Litigation; and In re Diet Drugs Products Liability Litigation. Russ Herman and Stephen Herman are also highly recommended. Notably, of counsel Joseph Kott is a qualified neurosurgeon. Soren Gisleson was promoted to the partnership.

Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A. is commended for its representation of clients injured by defective drugs or devices. ‘Key name’ Mike Papantonio has a ‘wealth of experience’. Other key individuals include Timothy O’Brien, who continues to serve as lead counsel in In re Fosamax Products Liability Litigation and also acts as co-chair of the discovery committee in In re Yasmin and Yaz (Drospirenone) Products Liability Litigation. Of counsel Ben Gordon is also recommended, and recently won $2m compensation for his client in Gaghan v Hoffman-La Roche. He serves on the plaintiff’s executive committee in In re DePuy Hip Implant Litigation.

The Lanier Law Firm’s pharmaceutical liability practice group works closely with other teams in the firm, and has national capability through its offices in Houston, New York, Los Angeles and Palo Alto. Defense counsel praise the practice and founding partner W Mark Lanier for its ‘great track record’ and ‘commitment to the plaintiff’s bar’. It is handling a number of pharmaceutical litigation cases including matters relating to Fosamax, which is an osteoporosis medication linked to femur fractures, and litigation concerning medical devices such as DePuy hip replacement. The practice is currently litigating cases against the makers of transvaginal surgical mesh for serious complications. The FDA issued warnings in summer 2011 in relation to the surgical mesh following an increase in patient complaints and the US judicial panel on multi-district litigation is due to hold hearings in relation to the coordination of all such claims.

Burg, Simpson, Eldredge, Hersh, Jardine, P.C. attracts resounding praise recognizing it as ‘consistently being one of the top firms in the country handling pharmaceutical or medical device litigation, in particular mass tort cases’. It provides ‘outstanding response times, business acumen and industry knowledge’. The Denver office handles the majority of the firm’s mass tort and class action work, with support from its other offices in Cody, Wyoming, and Cincinnati, Ohio. Peter Burg is ‘a particularly strong and intelligent leader’ and shows ‘the ability to try cases when necessary and to settle cases for top value when settlement is clearly in the client’s best interest’. He is serving as a co-lead counsel in In re Gadolinium Based Contrast Agent Litigation, and is co-chair of the plaintiff’s steering committee and the executive committee. Seth Katz was appointed to the plaintiff’s steering committee in the DePuy hip replacement MDL. The practice is also heavily involved in the YAZ/Yasmin and Ocella MDL and the pending Fosamax litigation. Michael Burg and Seth Katz are ‘highly experienced, excellent attorneys in all phases of the mass tort and class action practice areas’.

Seeger Weiss LLP has a longstanding reputation in complex litigation, mass tort and class action with particular expertise in pharmaceutical cases. The ‘up-and-coming’ David Buchanan is liaison counsel in coordinated litigation proceedings including those relating to Accutane, DePuy hip replacements, gadolinium contrast dyes and Yaz/Yasmin. Founding partner Christopher Seeger sits on the plaintiff’s executive committee in the hip replacement litigation against Johnson & Johnson (parent company of DePuy Orthopaedics). The practice is also investigating the connection between Topamax and birth defects, following an FDA warning in March 2011.

Ashcraft & Gerel LLP has developed a national reputation for plaintiff representation in personal injury matters, particularly cases pertaining to pharmaceuticals and medical devices. It has six offices in Washington DC, Maryland and Virginia. Mass tort practice head Michelle Parfitt is highly regarded by opposing counsel and was recently appointed to the plaintiff’s steering committee, as well as science, discovery and expert committees in In re Gadolinium Based Contrast Agent Litigation. Plaintiffs allege that the use of gadolinium-based contrast agents (used in MRI scans) on patients with pre-existing renal issues may lead to the development of nephrogenic systemic fibrosis (NSF). Parfitt also sat on the plaintiff’s steering committee in In re Fosamax Products Liability Litigation and In re Ortho Evra Products Liability Litigation. James Green is also recommended.

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.’s mass torts department has had success in the Vioxx, Bextra/Celebrex, Baycol, Rezulin, PPA and ephedra litigation, and continues to be appointed in significant MDL. Navan Ward is the practice’s lead attorney in the DePuy metal-on-metal hip implant litigation, having been selected to the plaintiff’s steering committee, and is also co-chair of the American Association for Justice’s litigation group for this matter. Ted Meadows sits on the plaintiff’s steering committee in the hormone replacement therapy (HRT) litigation, representing plaintiffs who were diagnosed with breast cancer allegedly as a result of taking Premarin, Provera and Prempro, manufactured by Wyeth Pharmaceuticals. The cases have been consolidated in the US District Court for the Eastern District of Arkansas, Western Division. In December 2011, three plaintiffs in the case were awarded a total of more than $72m. Andy Birchfield leads the practice.

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