The Legal 500

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

Editorial

Index of tables

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

Leading lawyers

  1. 1

The ‘excellentBurg Simpson Eldredge Hersh & Jardine, P.C. is ‘one of the leaders in this field’ and is praised for ‘seeing a case through to trial if necessary’. The firm remains involved in the Yaz /Yasmin multi-district litigation (MDL), where practice head Michael Burg is co-lead counsel, Seth Katz serves as the chair of the discovery committee and Janet Abaray is co-chair of the science and expert committee. In 2013 the firm was also involved in negotiating a global settlement with Bayer with regard to gall bladder injuries; it recently entered into negotiations with the company regarding compensation for venous injuries suffered by over 8000 women. Katz, who is particularly ‘strong on electronic discovery’, is currently serving as co-lead counsel in the Pradaxa litigation, and is also a member of the plaintiffs’ steering committee in the MDL involving DePuy Orthopaedics’ recalled ASR XL metal-on-metal hip device and the alleged failure of its ASR XL Acetabular Hip System. Abaray is the lead attorney in the Depakote products liability claims, where depositions are ongoing and expert witnesses have been retained. Michael Burg and Peter Burgare experienced and highly capable trial lawyers who are absolutely devoted to their clients and practices’.

Herman, Herman & Katz LLC has an active practice operating out of New Orleans. The firm is currently representing plaintiffs in Granuflo litigation against Fresenius Medical Care; the case was established as an MDL in 2013, with James Klick serving on the plaintiffs’ executive committee and of counsel Joseph Kott serving as co-chair of the science committee. The firm is also active in the TYLENOL MDL, with Leonard Davis serving on the plaintiffs’ steering committee, and its role in the Vioxx litigation recently saw it negotiating a $23m settlement for the reimbursement of prescription costs; Russ Herman serves as the plaintiffs’ liaison counsel and chair of the executive committee, Davis is an ex-officio member of the plaintiffs’ steering committee and Stephen Herman is co-chair of the sales and marketing committee, insurance committee and a member of the drafting team.

The ‘highly regardedLevin Papantonio Thomas Mitchell Rafferty & Proctor, P.A. is headquartered in northwest Florida, and its track record includes handling litigation involving Actos, Accutane, GranuFlo, antidepressants and DePuy hip implants; in the latter, Ben Gordon serves on the plaintiffs’ executive committee and has been appointed as co-chair of the science and expert committee. Other key names in the team Troy Rafferty and Timothy O’Brien are involved in the gadolinium-based contrast agent litigation and Fosamax product liability litigation respectively. Mike Papantonio is a ‘good trial lawyer’.

Lieff Cabraser Heimann & Bernstein, LLP is ‘very good’, particularly in hip replacement cases; it remains active in the DePuy artificial hip litigation, where Wendy Fleishman serves on the plaintiffs’ steering committee in the MDL and Robert Nelson serves on the plaintiffs’ steering committee in co-ordinated proceedings in the California state court. Other activities in 2013 included filing claims in the Medtronic InFUSE litigation, where injuries are alleged to have arisen from the off-label use of the InFUSE bone graft. The firm is also active in pharmaceutical litigation such as the Actos litigation; Donald Arbitblit serves on the science committee. Practice head Elizabeth Cabraser is a ‘stand-out name’ in this area. Cabraser, Arbitblit and Nelson are based in the firm’s San Francisco office, while Fleishman is New York-based.

Name partner W Mark Lanier at The Lanier Law Firm is a ‘major player’; opponents note that when this ‘formidable’ attorney is on the other side that they ‘stand up and take notice’. The firm, which has offices in Texas, California and New York, has represented clients in litigation involving DePuy hip replacements, transvaginal mesh, failed knee replacements, CHANTIX and Paxil. The firm is currently representing plaintiffs in claims against Intuitive Surgical, which manufactures the da Vinci Surgical Robot, for failure to properly train surgeons on the proper use of the product; plaintiffs claim to have suffered injuries following surgery involving the Robot, including tears or burns to blood vessels, intestines and other internal organs. New York-based pharmaceutical litigation chair Richard Meadow continues to serve on a number of plaintiffs’ steering committees.

The ‘very professional’ team at Levin, Fishbein, Sedran & Berman is praised by peers for ‘getting the ball moving’ in litigation and is ‘fabulous in pulmonary hypertension cases’. The firm is currently lead plaintiffs’ counsel in the nationwide class action concerning diet drugs, representing clients in both the trial and appellate courts. The ‘excellent’ Arnold Levin serves on the negotiating plaintiffs’ counsel committee in the Vioxx litigation. Frederick Longer and Michael Fishbein are also recommended. The team is based in the firm’s sole office in Philadelphia.

Seeger Weiss LLP’s ‘very active’ team is made up of ‘civil, ethical lawyers who do their job well’; it operates from offices in New York, New Jersey and Pennsylvania. Co-founder Christopher Seeger is a ‘very good organizer’ and continues to act in MDLs; for example he is on the plaintiffs’ steering committee in the Actos litigation, and has been appointed to the plaintiffs’ executive committee in the the DePuy artificial hip litigation. David Buchanan, who is ‘excellent’, is noted for his expertise in electronic discovery.

Ashcraft & Gerel LLP’s 20 fee-earner team operates from offices in Washington DC, Virginia and Maryland. It represents plaintiffs in litigation involving Actos, the da Vinci Surgical System, GranuFlo, Pradaxa and TYLENOL. Michelle Parfitt and James Green in the firm’s Washington DC office are ‘top names’ in this area; the latter has been appointed to serve on the MDL committees for prescription drugs including Fosamax, Rezulin and Zyprexa.

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., which is based in Montgomery, Alabama, is praised by peers for its ‘good work’. Highlights included Frank Woodson’s appointment to serve on the plaintiffs’ steering committee for the GranuFlo litigation and Roger Smith’s appointment to serve on the plaintiffs’ steering committee for the Mirena IUD litigation. Andy Birchfield heads the mass torts practice, which includes P Leigh O’Dell, and which has recently added seven of counsel.

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Legal Developments worldwide

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  • China Drug Registration Regulation - Public consultation on amendment closes - March 2014

    In February 2014, the China Food and Drug Administration (“CFDA”) invited second-round comments from the public regarding proposed amendments to the China Drug Registration Regulations (“DRR”). One of the proposed amendments touches upon patent protection for drugs in China.
  • Revised NDRC Measures for Approval and Filing of Outbound Investment Projects - April 2014

    The National Development and Reform Commission ( NDRC ) released a new set of Management Measures for Approval and Filing of Outbound Investment Projects ( 境外投资项目核准和备案管理办法) ( New Measures ) on 8 April 2014. The New Measures take effect on 8 May 2014 and will replace the Interim Management Measures for Approval of Outbound Investment Projects ( 境外投资项目核准暂行管理办法) ( Original Measures ) which have been in force since 9 October 2004.
  • Insurance Update - CIRC Issues Insurance M&A Measures: What are the impacts and applications?

    On 21 March 2014, CIRC issued the Administrative Measures on the Acquisition and Merger of Insurance Companies (the Insurance M&A Measures ) which will take effect from 1 June 2014. The Insurance M&A Measures apply to M&A activities whereby an insurance company is the target for a merger or acquisition. The target insurance company could be either a domestic or a foreign invested insurer. However, the Insurance M&A Measures will not apply to any equity investment by insurance companies in non-insurance companies in China or in overseas insurance companies.
  • China issues new rules to regulate medical devices - May 2014

    The Regulations on Supervision and Administration of Medical Devices (in Chinese《医疗器械监督管理条例》, State Council Order No. 650) (the Medical Device Regulations) were amended by China's State Council on 31 March 2014 and will come into effect on 1 June 2014. This is the first amendment in more than a decade since the Medical Device Regulations were first promulgated in 2000, even though the amendment was initiated eight years ago in 2006. The 2014 amendment unveils reforms on the regulatory regime for medical devices market in China from various aspects.
  • Walking a fine line in China:Distinguishing between legitimate commercial deals and commercial bribe

    China in the 21st century exemplifies an atmosphere of great opportunity and intense competition. Against this backdrop, it has become increasingly common for businesses to adopt a variety of practices in order to make their products and services competitive. Such practices may include paying middle-men to promote sales and giving incentives to buyers directly. However, whilst revenue spikes are undoubtedly welcome, businesses should bear in mind the potential backlash arising out of these commercial arrangements. The risk that such arrangements may not comply with anti-bribery and corruption laws and therefore cause business significant damage in the long term should not be underestimated.
  • Rise of the private healthcare sector - July 2014

    As of 2013, China had 9,800 private hospitals, representing almost half of the total number of hospitals in the country 1 . However, private hospitals still severely lag behind their public peers due to low utilisation, talent shortages and incomplete social insurance coverage. As part of China's ongoing healthcare reform initiatives, the Chinese government has set a goal to increase the share of patients treated by private hospitals to 20% by the end of 2015 2 .
  • Banking regulation in China: Proposed deposit insurance system - December 2014

    On 30 November 2014, the State Council of China released a draft Deposit Insurance Regulation (the Draft), to establish a deposit insurance system in order to "protect interests of depositors, prevent and mitigate financial risks and maintain a stabilised financial system". The public are invited to submit comments on the Draft by 30 December 2014.
  • Tackling bribery: China toughens criminal law - December 2014

    Following earlier reforms of the PRC's anti-corruption rules (for further information, please see our previous briefings published in January 2013 and March 2011 ), the National People's Congress (NPC) has recently published a proposed amendment to the PRC Criminal Law in draft form for public comments (the Draft). The Draft expands the reach of official bribery offences, gives more autonomy to judges to inflict severe punishments, and generally increases the level and type of punishments that can be imposed on individuals who commit bribery offences. It further demonstrates the government's determination to tackle corruption in China.
  • China banking restrictions relaxed: New rules further open banking sector to foreign investors

    The State Council of China recently released amendments to the Foreign Bank Administrative Regulations of China (the Amendments) with effect from 1 January 2015.
  • Walking a Tightrope in Singapore - July 2014

    The world has no borders and distance is negligible for the technologically savvy criminal. Individuals with illicit funds to launder or terrorist activities to finance can, with the latest technology, transfer high volumes of money around the globe almost instantaneously and seek to conceal the origin or the destination of the funds.

Press Releases worldwide

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to
  • P+P Pöllath + Partners berät die DATA MODUL AG, München, bei öffentlicher Übernahme durch Arrow

    Die DATA MODUL Aktiengesellschaft Produktion und Vertrieb von elektronischen Systemen mit Sitz in München („Data Modul AG“) steht vor einer öffentlichen Übernahme durch die Arrow Electronics, Inc. mit Sitz in Centennial, Colorado/USA. Deren Tochtergesellschaft Arrow Central Europe Holding Munich GmbH hat als Bieterin ein freiwilliges öffentliches Übernahmeangebot zum Erwerb sämtlicher Aktien der Data Modul AG zu einem Angebotspreis von EUR 27,50 je Aktie angekündigt. Dies entspricht einer Prämie von rund 36% auf den gewichteten durchschnittlichen Börsenkurs der Data Modul-Aktien während der letzten drei Monate.
  • VEGAS LEX continues to represent OGK-2 in its gas turbine engine quality dispute

    On January 14, 2015, the VEGAS LEX law firm won an appeal case in the Sixteenth Commercial Court of Appeals for the sake of the Second Generating Company of the Wholesale Power Market (OGK-2)* in a dispute over the quality of a gas turbine engine (GTD-110) supplied by NPO Saturn to compel the defendant to restore the equipment's operation after a breakdown. The court ordered NPO Saturn to repair the broken GTD-110, with the cost of repairs adding up to RUB1bln, which is comparable with the cost of new equipment.
  • VEGAS LEX helps collect lost profit for Khanty-Mansiysk Non-State Pension Fund

    On January 13, 2015, the VEGAS LEX Dispute Resolution Practice won a case in the Ninth Commercial Court of Appeals for the sake of the Khanty-Mansiysk Non-State Pension Fund* in a dispute over a trust management agreement with regard to the fund's pension reserves.
  • Positive Developments for the Economy of Cyprus

    Normal 0 false false false EN-GB X-NONE X-NONE MicrosoftInternetExplorer4 It has been around one year and a half since the Eurogroup decisions to recapitalise Bank of Cyprus via a bail-in on 25 th of March 2013. Cyprus has worked hard since then to exit the financial crisis and to maintain its status and reputation as an international financial centre. Within October 2014, several positive developments which took place suggest that Cyprus is on a good path. These positive developments include: /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Calibri","sans-serif";}
  • Avellum Partners Advised Nadezhda Group on Corporate Restructuring

    Kyiv, 29 December 2014  - Avellum Partners advised Nadezhda Group ("Group"), operating in the liquefied petroleum and gas industry, on tax planning for holding structure of the Group, all legal and tax aspects of corporate restructuring and acquisition finance issues, aimed at obtaining finance from international finance institutions ("IFIs").
  • Avellum Partners Advised on Exchange Offer of Metinvest

    Kyiv, 14 January 2015  - Avellum Partners acted as Ukrainian legal counsel to Deutsche Bank AG, London Branch and ING Bank N.V., London Branch, who acted as Dealer Managers, in connection with the exchange offer of Metinvest B.V., the parent company of a vertically integrated group of steel and mining companies ("Metinvest") for its USD500 million 10.25% guaranteed notes due 2015, coupled with the new issue of USD289.7 million 10.5% guaranteed notes due 2017 ("Notes") under its USD1,500,000,000 Guaranteed Medium Term Note Programme and a 25% cash consideration. The Bank of New York Mellon, London Branch acted as the Exchange Agent. The Notes are listed and admitted to trading on the Global Exchange Market of the Irish Stock Exchange.
  • Gorodissky new practices

    In December 2014 the IP team of Gorodissky & Partners was joined by Valery Narezhny who will be in charge of the firm's new law practices such as taxes, customs and commercial laws. Valery graduated from Finance Academy under the Government of Russia (Moscow) majoring in "Finances and Credits" and the Academy of Law and Management (Moscow) majoring in "Civil Law", holds PhD degree in economics. He is specializing in taxes, currency, customs, labor and commercial laws and in court disputes. Valery started his carrier in the state bodies (Tax Policy Department, Ministry of Finance, and Government Administration), worked for a number of Russian and international law firms. He is author of more than 150 publications and 9 books on taxation and civil law issues. Valery Medvedev, Managing Partner, Gorodissky & Partners, commented: "It appears from our clients' enquiries that they are in the need to obtain consultations and professional advice relating not only to protection and enforcement of intellectual property rights but also to IP issues governed by taxes, labor, currency and commercial laws. Valery Narezhny having considerable experience and knowledge in these practices will no doubt enhance our team of lawyers and considerably enlarge the range of the firm's legal services"
  • HaoLiWen helps client resolve TP case with the customs

    HaoLiWen has advised a multinational client in a case of the customs challenge against import transfer pricing. Recently, this case was successfully closed. The customs has accepted the transfer pricing policies of the client.  The client has incurred no further import tax exposure, and the deposits put up with the customs for the shipments in question are to be refunded by the customs to the client.  
  • VEGAS LEX to support 2015 Jessup Moot Court Competition

    The VEGAS LEX law firm will support this year's Philip C. Jessup International Law Moot Court Competition, the largest and most prestigious law school competition, which will take place in Moscow from January 28 through February 1.
  • P+P Pöllath + Partners berät die Deutsche Bank und DN Capital bei Investitionen in Onlineportal Wi

    Der Onlinehändler Windeln.de hat seine bislang größte Finanzierungsrunde abgeschlossen. Mit einem Investitionsvolumen von insgesamt etwa EUR 45 Mio. beteiligten sich neben dem Hauptinvestor Goldman Sachs auch die bisherigen Geldgeber MCI Management, 360 Capital Partners, die Londoner Beteiligungsgesellschaft DN Capital sowie mehrere Deutsche Bank Fonds.