Rising Stars

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

Arnold & Porter

Primarily centred from the East Coast but active on mandates throughout the country, Arnold & Porter capably combines regulatory, litigation and scientific knowledge for an impressive roster of leading pharmaceutical and medical device companies on their highest-profile product liability matters. Indeed, it is this ability to provide a full suite of services, including in relation to government investigations, that ensures that the firm is front and centre in the minds of many clients in the space when looking for a firm to take a leadership role on potentially brand-threatening aggregated proceedings. Under the guidance of New York-based Anand Agneshwar , the firm has garnered a number of notable victories for Sanofi in the sprawling MDL relating to their over-the-counter heartburn medication Zantac, including securing crucial Daubert judgments which effectively eliminated many thousands of claims. Head of the firm’s New York office, Arthur Brown  also regularly takes key leadership roles, in so doing helping to shape the strategy and work up cases ahead of trials; he continues to lead the firm’s role as national counsel to AstraZeneca in the proton pump inhibitor mass tort. Washington DC-based Paige Sharpe  is adept at defending pharmaceutical companies in both civil and governmental actions/investigations, bringing core litigation skills to bear at trial and appellate level, as well as advising on regulatory issues as well as in the context of risk management strategies. Agneshwar co-heads the overarching product liability litigation group alongside Washington DC-based Daphne O’Connor.

Practice head(s):

Anand Agneshwar; Daphne O’Connor


Other key lawyers:

Pamela Yates; Arthur Brown; William Hoffman; Daniel Pariser; Jeffrey Horowitz; Paige Sharpe; Julie du Pont; David Kerschner; Diana Sterk; Alexander Cousins; Tommy Huynh


Key clients

Sanofi


AstraZeneca


Bristol-Myers Squibb Company


Pfizer


Hologic, Inc. and Cynosure, Inc.


Bayer


AbbVie, Inc.


Work highlights


  • National counsel to Sanofi in product liability litigation involving allegations that the over-the-counter heartburn medication Zantac causes cancer.
  • Represents Bristol-Myers Squibb and Sanofi in state and federal governmental investigations and litigation related to the promotion of Plavix.
  • National counsel for Pfizer for various asbestos, talc, and other dust-inhalation litigations, which include multiple legacy businesses and former products and claims, including a large docket of cases filed all over the country alleging asbestos-contaminated talc caused injuries.

Dechert LLP

Informed by a deep understanding of the science and a strong strategic sensibility, Dechert LLP is a popular choice among life sciences clients as defendants in large aggregated cases alleging injury caused by pharmaceutical products as well as medical devices. Regularly taking a leadership role which draws upon highly competent lawyers spread across the East and West coasts, the team has, in recent years, secured many victories using highly persuasive dispositive motions in state and federal courts throughout the US, which have either vastly reduced the pool of plaintiffs liable for potential damages or eliminated them entirely. Based out of New York, Mark S. Cheffo  has been key to many of these successes, including for GSK in the Zantac MDL as one of the main architects of the defendants’ Daubert motion, which effectively shut the door on approximately 50,000 claims, when the judge of the MDL recently ruled that the plaintiffs had failed to show any reliable scientific evidence establishing a causal link between the heartburn drug and various cancers. New York-based Sheila L. Birnbaum  also excels at arguing Daubert motions as part of her broad expertise throughout the litigation continuum in relation to pharmaceutical MDLs.

Practice head(s):

Sheila L. Birnbaum


Other key lawyers:

Mark S. Cheffo; Jay Bhimani; Mara Cusker Gonzalez; Jacqueline Harrington; Paul LaFata; Rachel Passaretti-Wu; Will Sachse; Jonathan Tam; Kate Unger Davis; Caroline Power; Marina Schwarz


Key clients

The 3M Company


Abbott


AbbVie


Atrium Medical Corporation, Getinge AB, Maquet Cardiovascular US Sales, LLC, and related entities


Bayer


GlaxoSmithKline


Easy Healthcare Corporation


Haleon


Johnson & Johnson


Moderna


Pfizer/Viatris


Purdue Pharma


Saint-Gobain


W.L. Gore


Work highlights


  • Representing GSK as lead counsel in connection with multidistrict and state-court litigation alleging that Zantac causes cancer as a result of the formation of the chemical NDMA.
  • Represented Atrium Medical Corporation and related entities, as lead counsel, in more than 3,000 personal injury lawsuits and pre-suit claims involving Atrium’s hernia mesh products.
  • Representing W.L. Gore & Associates, Inc., a global materials science company, in defense of personal injury claims brought in a large, consolidated multi-district litigation proceeding in the District of South Carolina, regarding current and historical products alleged to contain per- and polyfluoroalkyl substances (PFAS).

DLA Piper LLP (US)

Drawing upon lawyers with ‘first-hand medical practice experience and highly technical expertise’, DLA Piper LLP (US) combines strong procedural nous with deep subject matter knowledge, in turn being well positioned to represent life sciences clients on work throughout the litigation life cycle. As well as regularly acting as national co-ordinating counsel on large-scale domestic MDLs, the team regularly works alongside practitioners throughout its global network of offices on cross-border work, and is recognized for its ‘excellentwork in co-ordinating multinational law suits. In this context, ‘outstanding’ Atlanta-based Christopher Campbell continues to take the lead for Bayer on global mass tort litigation involving Essure, leveraging the knowledge and skills gleaned from the firm’s success in the initial US action to good effect on the ensuing international cases. Praised for her ‘ability to see the big picture’, as well as her ‘highly impressive knowledge of the medical facts’, Mary Gately in Washington DC has also been key to the firm’s success for Bayer. New York-based Loren Brown is well-versed in handling large-scale aggregated litigation, including his ongoing work as co-national counsel for Sanofi in the Zantac MDL; where he has gained an excellent reputation for securing the early dismissal of matters through often innovative strategies. From Boston, Matthew Holian is also very effective at representing pharmaceutical companies engaged in MDLs, being as comfortable handling discovery issues, as he is cross-examining expert witnesses in Daubert hearings and in bellwether trials. Other key individuals include Dallas-based trial lawyer Lyn Pruitt; Boston-based Katie Insogna, who excels at developing expert witnesses and on discovery matters; and New York based Lucas Przymusinski , who ‘has an incredibly scientific mind in addition to legal expertise’. 

Practice head(s):

Christopher Campbell; Angela Agrusa; Ilana Hope Eisenstein; Loren Brown


Other key lawyers:

Matthew Holian; Lyn Pruitt; Katherine Insogna; Lucas Przymusinski; Breanna Fields; Mary Gately


Testimonials

The firm has deep, first-hand medical practice experience and highly technical expertise.’

The team at DLA does an excellent job in co-ordinating multinational lawsuits.’

‘Christopher Campbell is an outstanding lawyer, his legal knowledge is excellent, he anticipates the client’s needs and his co-ordination skills are brilliant.’

Lucas Przymusinski has an incredibly scientific mind in addition to legal expertise. He provides quick and practical legal advice.’

The excellent Mary Gately has the big picture in mind but also knows the intricate details of each case, delivering advice exactly as needed by the client. In particular, she has highly impressive knowledge of the medical facts.’ 

Key clients

Bayer Corporation


3M Company


BASF Corporation


Bristol-Myers Squibb Company


Danone


Exxon Mobil Corporation


Novo Nordisk


Medtronic


Pfizer


Sanofi


Work highlights


  • Global strategic and co-ordinating counsel in global mass tort litigation involving Essure, a permanently implantable contraceptive device for women that Bayer voluntarily discontinued in 2018.
  • Continuing to act as co-national counsel for Sanofi for litigation and regulatory issues relating to heartburn medication Zantac and the allegations that it contains and/or is contaminated with NDMA, a possible carcinogen.
  • National counsel for leading medical device manufacturer Medtronic’s Covidien subsidiary in litigation involving its hernia mesh products in Massachusetts and Minnesota state courts and in MDL in the US District Court for Massachusetts.

Goldman Ismail Tomaselli Brennan & Baum LLP

With Midwestern roots and a national reach, dispute resolution boutique Goldman Ismail Tomaselli Brennan & Baum LLP has developed a market-leading reputation for litigating large aggregated product liability cases in state and federal courts throughout the country. Much of this work takes place in the pharmaceutical/life sciences space, where with four MD/JDs in its ranks, the firm is particularly adept at handling matters with complex and technical issues at their core. Although it does handle work throughout the litigation continuum, the team, under the leadership of  ‘incredibly smart’ Chicago-based Tarek Ismail is best-known for its trial-ready capabilities, where it excels in explaining often highly complex matters in a persuasive and simplified way to juries. A ‘top-notch strategist and excellent first-chair trial lawyer’, Shayna Cook, who is also based in Chicago, has gained a number of notable victories over the years, both in bellwether trials and in Daubert challenges, as well as other dispositive motions. Leveraging his science and medical background, Santa Monica-based Ken Baum  is also a key member of the firm’s teams in relation to large MDLs, regularly gaining early dismissals of cases through very effective depositions of key expert and treating physician witnesses. Noted for his ‘brilliant science mind’, Dallas-based Joe Tomaselli co-heads the science and experts group alongside Baum and focuses on developing and implementing winning scientific theories of the case for medical drug and device manufacturers. With ‘a poise and confidence that judges and juries both appreciate’, Chicago-based Jennifer Greenblatt is ‘laser focused on winning’, be it in a final trial or through briefing and arguing dispositive motions.

 

Practice head(s):

Tarek Ismail


Other key lawyers:

Shayna Cook; Joe Tomaselli; Ken Baum; Jennifer Greenblatt; Rami Fakhouri; Betsy Farrington


Testimonials

They have a team of superb and diverse trial lawyers, including multiple lawyers with the experience and skill to try bet-the-company cases. They combine an exhaustive knowledge of the most complex facts with ability to communicate those facts effectively to both judges and juries.’

They work toward trial from the minute they start on a case, with every discovery position and legal motion designed to position the case the best way possible at trial.’

Tarek Ismail is absolutely superb.’

‘Joe Tomaselli is a brilliant science mind and an all around good guy and leader.’

‘Shayna Cook is a top-notch strategist and excellent first-chair trial lawyer.’

Tarek Ismail and Shayna Cook are two of the best first-chair trial lawyers in the country – they are both incredibly smart but also skilled at conveying themes in an understandable and persuasive way.’

‘Jennifer Greenblatt is a dynamo. She is laser-focused on winning the day, the hour, the minute. And she has a poise and confidence that judges and juries both appreciate.’

Key clients

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


Bayer HealthCare Pharmaceuticals Inc.; Bayer HealthCare LLC; Bayer Corp.


Monsanto Company


Gilead Sciences, Inc.


Johnson & Johnson and Ethicon, Inc.


GlaxoSmithKline


AbbVie Inc.


Dow Chemical Company and Union Carbide Company


Medtronic, Inc.; Medtronic MiniMed, Inc.


Work highlights


  • Lead national counsel 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.
  • Lead counsel for Bayer in products liability cases pending nationwide in state and federal court relating to gadolinium-based radiology-imaging contrast agents.
  • Represents Gilead Sciences, Inc. in mass tort litigation involving thousands of plaintiffs whose cases have been consolidated in California state and federal courts. These cases concern Gilead’s tenofovir-containing antiretroviral medications, which revolutionized the treatment of HIV when released beginning in the early 2000s.

King & Spalding LLP

Combining in-depth industry expertise (including many in the team with science/medical backgrounds) with deep product liability litigation prowess in offices throughout the country, King & Spalding LLP remains a very popular choice among leading pharmaceuticals and medical device companies when faced with high-stakes litigation. Many of these matters are large-scale mass torts, where the firm regularly acts as national co-ordinating counsel, effectively mobilizing resources throughout the country, including in New York and Atlanta, to provide an all-encompassing representation throughout the litigation process. Although the firm has more than its fair share of accomplished trial lawyers within its ranks, much of the success it achieves for clients is predicated by its strong strategic sense and ability to dismiss or narrow claims at an early stage. A key part of this success is down to the firm’s ability to leverage science and medical expertise, ensuring that it is very effectively able to challenge plaintiff experts and to work with their own experts providing testimony in depositions. Andy Bayman has ‘great strategic sense’ and along with Robert Friedman  has been acting as national counsel for Boehringer Ingelheim as one of the defendants in the high-profile Zantac litigation. Notably the pair were recently part of the team that helped secure a major victory for defendants in the case with a recent very high-profile Daubert ruling which excluded all of the plaintiffs’ general causation experts and granted summary judgment for the client and co-defendants. Adam Spicer is also an integral member of the Zantac litigation team and as well as handling private litigation is also regularly involved in state Attorney General actions. Todd Davis  is a ‘very skilled trial attorney’, and has over the years been instrumental to many high-profile life sciences-related trial successes, in part due to his accomplished cross-examination skills of plaintiffs’ key causation and medical expert witnesses at trial and in deposition. In New York, both Morton Dubin and Kristen Fournier have excellent reputations at handling complex life sciences-related mass torts, with Dubin, in particular, noted for his expertise in the courtroom. Geoffrey Drake chairs the pharmaceutical/medical device litigation team and is skilled at representing clients throughout the litigation continuum, including in high-stakes trials. All named practitioners are based in Atlanta unless otherwise indicated.

 

Practice head(s):

Geoffrey Drake


Other key lawyers:

Andy Bayman; Morton Dubin; Kristen Fournier; Bobby Woo; Robert Friedman; Todd Davis; Adam Spicer;  Lana Varney; TaCara Harris; Gregory Ruehlmann; Julia Zousmer; Michael Vives


Testimonials

Andy Bayman has a great strategic sense.’

‘Todd Davis is a very skilled trial attorney.’

Key clients

Becton Dickinson


Boehringer Ingelheim


Bristol-Myers Squibb


Eli Lilly & Company


GlaxoSmithKline


Johnson & Johnson/Janssen Pharmaceuticals, Inc.


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


Organon


Walmart, Inc.


Work highlights


  • Secured a landmark ruling on behalf of Boehringer Ingelheim (BI) in litigation over allegations that the antacid Zantac is associated with an increased risk of cancer, excluding all of the plaintiffs’ general causation experts and winning summary judgment on behalf of BI and co-defendants, dooming about 50,000 federal claims still extant in an MDL in the Southern District of Florida.
  • Lead defense counsel for Janssen Pharmaceuticals over claims that a rare eye disorder, pigmentary maculopathy, is uniquely caused by long-term usage of Elmiron (pentosan polysulfate sodium), which is the only prescription medication to treat symptoms of interstitial cystitis, a chronic medical condition that causes bladder pain.
     
  • Represent Becton, Dickinson and Company (“BD”) as National Co-ordinating Counsel and Resolution Counsel in several complex product liability litigations including (i) matters relating to BD’s hernia mesh products that are filed in an MDL and a consolidated state court action (ii) litigation involving BD’s inferior vena cava (IVC) filters that were filed in an MDL venued in federal court and parallel state court proceedings and (iii) serving as settlement counsel in litigation involving BD’s pelvic mesh and implantable port devices as well as other products.

Reed Smith LLP

Leveraging the resources of a deep bench of product liability experts across its nationwide footprint, including many with a core focus on work within the life sciences sector, Reed Smith LLP remains at the forefront of the market,  regularly acting as national counsel on many high-profile MDLs and class actions. Here, the team, which is ‘very good at working together’, has a core understanding of technical scientific issues, as well as being able to quickly mobilize external resources if necessary – including securing the services of expert witnesses and analysts to challenge baseless claims. The firm has recently been involved in many of the mesh cases, an area that Los Angeles-based Michael Brown has particular experience, helping to mould the strategy on large aggregated cases, as well as having significant expertise in trying cases. Noted for her excellent grasp of highly complex technical and scientific issues, Princeton-based Melissa Geist is also key to the firm’s success in the area, particularly with regards to challenging plaintiff experts and working with the firm’s own experts to ensure they are well prepared both during depositions and at trial. Co-chair of the firm’s global life sciences and health industry group, Los Angeles-based Janet Kwuon has significant product liability trial experience in the area, including in relation to women’s health products.

Practice head(s):

Robert Roth; Janet Kwuon


Other key lawyers:

Michael Brown; Melissa Geist; Stephen McConnell; Heather Ritch Rocks; Ryan Blake


Testimonials

‘The team is very good at working together and does an excellent job at witness preparations.’

‘Very transparent and communicative. Communicates important information timely and regularly. ’

 

Work highlights


Williams & Connolly LLP

Single office Washington  DC-based litigation powerhouse Williams & Connolly LLP has considerable experience handling complex product liability matters within the life sciences space, with well-known companies including Pfizer, GSK and AstraZeneca, regularly instructing the firm on high-profile matters relating to medicine/drugs produced by them. Many of these take the form of large MDLs involving joint defense groups, where the firm is appreciated for its strength at ‘dealing with the other counsel and acting as leaders’. With a plethora of ‘first-rate trial lawyers’ in its ranks, the firm is also noted for its courtroom capabilities, and is a regular destination practice for trials. The ‘experienced’ Joseph Petrosinelli is ‘technically terrific’, combining deep subject matter knowledge with superb advocacy skills to good effect for clients, both at a final trial, as well as at a motions stage. Although he is well-versed at handling MDLs throughout the litigation process, Paul Boehm is best-known for his trial skills. Other recommended practitioners include the ‘very talented’ Neelum Wadhwani  and Heidi Hubbard , who co-heads the team alongside Petrosinelli.

 

Practice head(s):

Heidi Hubbard; Joseph Petrosinelli


Other key lawyers:

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


Testimonials

‘The team is well prepared and used to trying cases.’

They are adept with managing complex products liability litigation that have joint defense groups and is excellent at dealing with the other counsel and acting as leaders.’

‘Joseph Petrosinelli is experienced and technically terrific.’

The very talented Neelum Wadwani is hardworking, smart and committed.’

Key clients

Pfizer, Inc.


GlaxoSmithKline LLC


Pfizer/Hospira


AstraZeneca Pharmaceuticals LP


Merck, Sharp & Dohme Corp.


Beckman Coulter


Work highlights


  • Secured a complete victory on behalf of Pfizer in one of the largest personal injury MDLs ever—the closely-watched products liability MDL concerning the antacid medication Zantac®, a product that had been on the market for almost 40 years, and was one of the largest selling over-the-counter medications ever.
  • Represented GlaxoSmithKline as appellate, legal writing, and legal strategy counsel in the Zofran MDL proceeding in which a group of more than 400 plaintiffs attempted to attribute various birth defects, including heart defects and cleft palate, to the use of Zofran, an anti-nausea medication.
  • Won a series of important victories as lead trial counsel and national counsel for 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.

Bowman and Brooke LLP

As one of the core industry groups within litigation boutique Bowman and Brooke LLP ‘s acclaimed product liability defense offering, pharmaceutical and medical devices work accounts for a significant volume of work for lawyers  throughout its national network of offices. The firm’s roles run the gamut from regional and local counsel, through to trial and national co-ordinating positions, with a collaborative style of working that is a great advantage on large-scale cases involving co-counsels and co-defendants. Drawing upon deep and longstanding expertise within the space, Minneapolis-based Kim Schmid has taken multiple cases to verdict in both state and federal courts, and as well as handling product liability class actions and MDLs in conventional matters – including as it relates to mesh products and breast implants – is also driving the firm’s efforts in relation to emerging litigation involving virtual clinical trials and biologics. Austin-based Randall Christian , who co-heads the team alongside Schmid, is also well-versed in trying traditional product liability cases in the space, as well as having niche expertise defending pharmaceutical companies in pricing and third-party payor litigation.

Practice head(s):

Kim Schmid; Randall Christian


Other key lawyers:

Chris Carton; John Garrett; Erica Mekles


Key clients

Daiichi Sankyo


Patheon Manufacturing Services


CNA


TM Claims Service, Inc. (Tokio Marine)


3M


Work highlights


  • Lead trial counsel and national co-ordinating counsel for Patheon Manufacturing Services LLC involving the Zantac MDL.
  • National counsel to Daiichi Sankyo in the Injectafer litigation.

Butler Snow LLP

Butler Snow LLP has an ‘excellent’ record acting for pharmaceutical and medical device companies utilizing a deep bench of subject matter experts and trial lawyers. Recognized for its collaborative approach, the team works particularly well with others in a “virtual law firm” setting, with lawyers in the team who are well-versed in handling work throughout the litigation life-cycle, from discovery through to settlement negotiation. Austin-based Kim Bueno is recognized as a ‘very dynamic trial specialist’, and has scored a raft of high-profile victories in federal and state courts through the country, including a number of recent wins in pelvic mesh trials. Located in the firm’s Mississippi headquarters, Christopher Morris is excellent at managing large-scale cases, where he has developed a particularly strong reputation for realizing efficiencies, including at the discovery phase. Also based in Mississippi, Paul Rosenblatt is ‘terrific with scientific experts’, and has extensive experience preparing, defending, and cross examining case specific and general causation experts. Team head Alyson Jones is also recommended and has considerable MDL experience.

Practice head(s):

Alyson Bustamante Jones


Other key lawyers:

Kim Bueno; Amy Pepke; Christopher Morris; Paul Rosenblatt; Caroline Walker


Testimonials

Kim Bueno is a very dynamic trial specialist.’

Paul Rosenblatt is a subject matter expert and terrific with scientific experts.’

 

Key clients

Johnson & Johnson


Ethicon, Inc.


AbbVie Inc.


Sunrise Medical (US) LLC


Genentech, Inc.


Hoffman-LaRoche, Inc.


Mississippi State Department of Health


DePuy Orthopaedics


Johnson & Johnson Consumer, Inc. (JJCI)


Teva Pharmaceuticals USA, Inc.; Teva Women’s Health, LLC; and Teva Branded Pharmaceutical Products R&D, Inc.


Work highlights


  • National Counsel for Ethicon and Johnson & Johnson in every facet of litigation involving mesh products for the treatment of pelvic organ prolapse and stress urinary incontinence.
  • Obtained scores of victories in the J&J pelvic mesh litigation, impacting key aspects of product liability law on issues including experts, specific causation, statute of limitations and more.
  • National Counsel for AbbVie defending litigation involving use of the ZELTIQ/Allergan CoolSculpting® device. In this capacity, we work on all aspects of this complex litigation and have won all cases where plaintiffs have not settled.

Greenberg Traurig LLP

Particularly well-resourced from key offices in metropolitan centers in California, Chicago, New York and Atlanta, as well as having feet on the ground in many other regional outposts, Greenberg Traurig, LLP is well-placed to handle product liability matters for a fairly balanced array of pharmaceutical manufacturers and medical device companies, irrespective of geographical location, and is often able to handle cases without the need to instruct local counsel. The team regularly has key leadership roles on MDLs, where the offices work well together and provide expertise throughout the litigation cycle, including at a trial stage, if necessary.  Atlanta-based litigator Lori Cohen has a pre-eminent reputation for her advocacy skills, she has recently scored some excellent results for Bard as a defendant in its MDL regarding pelvic mesh.  Also based in Atlanta, Sara Thompson is an accomplished trial lawyer, as well as providing expert counselling to clients at a pre-litigation stage (on risk management strategies), and working cases up through to trial. The ‘exceptional’ New York-based Glenn Kerner regularly takes the lead on large-scale mass torts and MDLs where he is appreciated for his ability to recommend ‘strategies to resolve litigation cost effectively’. Other recommended practitioners include Gregory Ostfeld, who co-heads the team alongside Thompson from Chicago; Atlanta-based Marcella Ducca, who is particularly skilled at working up expert witnesses, including as it relates to women’s health devices and women’s health consumer products; and Sabrina Gallo in Miami, who is adept at developing case strategy, up to and including trial, for medical device companies.

Practice head(s):

Sara Thompson; Gregory Ostfeld


Other key lawyers:

Lori Cohen; Sabrina Gallo; Glenn Kerner; Nilda Isidro; Cliff Merrell; Sean Jessee; Marcella Ducca; Victoria Davis Lockard; Taryn Harper; Akiesha Sainvil; Steven Harkins; Allison Ng; Brandon Cox; Sydney Fairchild Williamson; Robert Brady Herman; Bardia Sergent; Precious Johnson


Testimonials

The products liability attorneys are smart, aggressive, thorough and experienced.’

They are the total package. The depth of their group is unparalleled.’

The exceptional Glenn Kerner recommends strategies to resolve litigation cost effectively and is an outstanding negotiator.’

Key clients

SpineCraft


Eli Lilly and Company


Senseonics


International Medical Devices


GE Healthcare


Smith + Nephew


Boehringer Ingelheim


Bracco Diagnostics / ACIST Medical Systems


Teleflex


UCB


Becton, Dickinson and Company (“BD”); C. R. Bard, Inc.


Sandoz Inc.; Eon Labs, Inc.


Teva Pharmaceuticals USA, Inc.


Bausch Health Companies, Inc.


Medtronic, Inc.


Alcon Vision LLC


Univar Inc.


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


Curallux, LLC


Work highlights


  • Secured an appellate win for Bard/C. R. Bard.Inc, when the Appellate Division of the Superior Court of New Jersey completely overturned a $68m dollar verdict in Mary McGinnis and Thomas Walsh McGinnis v. C. R. Bard, Inc. finding that Bard was unable to receive a fair trial due to not being able to share 510(k) evidence about clearance from the FDA to market their medical devices.
  • Representing Teva Pharmaceuticals USA, Inc. and its affiliates as co-lead briefing and argument counsel, and co-liaison counsel in in In Re: Zantac (Ranitidine) Products Liability Litigation MDL where most recently, in the Pennsylvania cases nearly all claims brought under Pennsylvania law were dismissed on pre-emption grounds as to generic defendants and in Illinois, motions to dismiss were granted with prejudice on pre-emption grounds on all claims against generic defendants.
  • Representing Sandoz and its subsidiary Eon Labs, Inc. in the national litigation involving the generic anti-arrhythmic medication amiodarone, which has included more than 20 federal court cases and a coordinated proceeding in California with over 450 plaintiffs, and has whittled down the New Jersey proceeding involving 250 plaintiffs to one remaining action (Medford v. Sandoz, et al.).

Hughes Hubbard & Reed LLP

Drawing upon ‘deep experience and knowledge of the law and all the technical and medical aspects required for crafting a successful defense’, Hughes Hubbard & Reed LLP‘s New York-based team has a strong reputation handling mass torts/class actions for life sciences clients, where it is appreciated for its ‘team player approach’ and ‘strategic mindset’. The team has also developed a market-leading reputation for supporting clients involved in litigation outside of the US, where they ‘work hand-in-glove with the client’s global and local legal and medical teams as well as with the respective local counsel defending the case in court’. With a ‘comprehensive approach that transcends traditional litigation’, James C. Fitzpatrick  is ‘well known for his work with scientific experts and company witnesses’, helping to effectively develop substantial domestic and international cases. The ‘detail-oriented and success driven’ Charles W. Cohen  also plays a pivotal role in navigating both class action and individual matters with global intricacies, ‘delivering a supersonic level of service that is not only efficient but also personalized’. For more conventional domestic matters, the ‘terrific’ Bill Beausoleil is ‘a subject matter expert in this area’, helping to develop and implement legal strategies that work in courtrooms across the country. Robb Patryk  co-heads the team with Fitzpatrick, and as part of his broad product liability practice regularly handles pharmaceutical-related disputes.


Practice head(s):

James Fitzpatrick; Robb Patryk


Other key lawyers:

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


Testimonials

The team has a stellar reputation in the life sciences sector for supporting clients’ worldwide defense of product cases.’

‘Everyone on their team has deep experience and knowledge of the law and all the technical and medical aspects required for crafting a successful defense.’

They bring great value to the joint defense team by their team player-approach and their excellent medical/scientific understanding and strategic mindset.’

‘Charles Cohen is brilliant, well-versed, detail-oriented, and success-driven. No stone goes unturned when he oversees a case, and we won’t stop until the client receives the best possible defense.’

James Fitzpatrick is well known for his work with scientific experts and company witnesses.’

Charles Cohen and Jim Fitzpatrick exhibited remarkable professionalism, wisdom, and international litigation knowledge throughout, ensuring a highly effective and appreciative working relationship.’

‘Bill Beausoleil is a terrific lead counsel and a subject matter expert in this area.’

Key clients

New York Blood Center


Organon & Co.


Merck Animal Health


 


Work highlights


  • Defense of Merck Animal Health concerning its most popular and successful product Bravecto® in a putative nationwide class action.
  • Representing Organon & Co in MDL and state court litigation in cases in which plaintiffs allege that the osteoporosis medicine FOSAMAX® caused them to experience two discrete injuries.
  • Representing New York Blood Center’s in all of the personal injury cases the Blood Center has faced.

Kirkland & Ellis LLP

Combining first-chair trial skills, alongside deep subject knowledge and procedural expertise, Kirkland & Ellis LLP is a popular choice among many leading life sciences companies to defend them against high-stakes product liability disputes throughout the country. Many of these take the form of MDLs/class actions, with the firm excelling in taking on leadership roles as national co-ordinating counsel, as well as handling key hearings – where it shines at explaining complex scientific issues to juries. The firm’s longstanding relationship with Abbott Laboratories recently saw it representing the Chicago-based medical device company in an MDL stemming from allegations regarding its recalled baby formula sickened infants. The firm has also had a key role in the sprawling opiate litigation on behalf of Allergan and continues to defend it against ongoing claims by hundreds of private and public entities that opted out of the recent global settlement. Washington DC-based Mike Brock is ‘a superb trial lawyer across product lines’ and remains particularly active in the life sciences space. Brock is a key member of the team along with Washington DC-based Jennifer Levy  and Donna Welch in Chicago, with all three having a key role in the aforementioned Allergan matter.

Other key lawyers:

Mike Brock; Jennifer Levy; Donna Welch


Testimonials

Mike Brock is a superb trial lawyer across product lines.’

Key clients

Abbott Laboratories


Allergan


Boehringer Ingelheim USA


Bristol-Myers Squibb Company


Eli Lilly & Company


Gilead Sciences, Inc.


Impax Laboratories


Moderna, Inc.


Ranbaxy Pharmaceuticals


Work highlights


  • Defends Abbott Laboratories in multidistrict litigation arising out of a recall of infant formula.
  • Representing Allergan in thousands of civil suits in multiple state and federal courts related to its sale and marketing of opioid pain killers.

Mayer Brown

With a reputation for driving results and strategy across multiple states and jurisdictions, Mayer Brown International LLP excels in handling high-profile product liability cases for both pharmaceutical and medical device companies. Based in New York, Henninger Bullock has forged an excellent reputation in the space and continues to represent GSK in innovator liability claims. Although he is been a bit more active of late on high-profile toxic tort matters, Chicago-based litigator Michael Olsen ‘s varied trial practice also regularly sees him handling cases in the life sciences sphere, where he is noted for his ‘clarity of thought and persuasive arguments’. Daniel Ring , who is also based in Chicago, co-heads the team alongside Bullock and Olsen, and is noted for his comprehensive coverage in the space which includes representation on complex civil class actions and state and local government investigations and litigation.

Practice head(s):

Henninger Bullock; Michael Olsen; Daniel Ring


Other key lawyers:

Gina Jordt


Testimonials

Michael Olsen is an excellent trial lawyer who displays a clarity of thought and persuasive arguments in the courtroom.’

Key clients

Endo Pharmaceuticals


Teva Pharmaceutical Industries Ltd.


GlaxoSmithKline


Work highlights


  • Represented GlaxoSmithKline in defending numerous cases both pre- and post-suit surrounding the expansive tort theory of innovator liability.

Morgan, Lewis & Bockius LLP

The nimble and flexible team at Morgan, Lewis & Bockius LLP excels at handling large-scale aggregated litigation, where it regularly has leadership roles on matters within the pharmaceutical and medical devices space and is able to guide clients throughout the process, from pre-litigation matters and risk management, through to the effective development of litigation strategy. In this context, the firm can provide a multi-faceted offering which leans into Food and Drug Administration (FDA) regulatory prowess as well as governmental investigations and white-collar competence, should the need arise, and is also noted for bringing in appellate lawyers at an early stage, thereby providing a strategic advantage at trial, settlement, and on appeal. The team continues to be very active in the sprawling opioid litigation, recently working with manufacturer Teva to reach a favorable settlement with all 50 US states, putting an end to a large proportion of its outstanding legal jeopardy in the area. Pittsburgh-based Wendy West Feinstein has been heavily involved handling trial work for Teva in the opioid litigation and is also lead trial and co-ordinating counsel for Philips RS in the CPAP MDL. Philadelphia-based John Lavelle also had a key role in the Philips matter, adding gravitas and expertise as a result of his many years’ experience handling trial and appellate litigation for pharmaceuticals and medical device manufacturers. Paul Zevnik and Yardena Zwang-Weissman co-head the overarching product liability and insurance recovery group from Washington DC and Los Angeles, respectively.

 


Practice head(s):

Paul Zevnik; Yardena Zwang-Weissman


Other key lawyers:

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


Key clients

Philips RS


Teva Pharmaceuticals and affiliates


Rite Aid Hdqtrs Corp.


Aurobindo Pharmaceuticals


Merck


Work highlights


  • Representing Philips RS North America LLC (Philips Respironics) for the ongoing multi-district litigation (MDL) resulting from the ongoing voluntary recall of certain Philips Respironics CPAP, BiPAP, and mechanical ventilator prescription medical devices (product liability, economic loss), with support from the firm’s FDA regulatory team.
  • Finalized a favorable settlement on behalf of Teva in the nationwide opioids litigation.
  • Representing Rite Aid in the MDL — In re National Prescription Opiate Litigation — pending in the US District Court for the Northern District of Ohio, consolidating more than 1,300 cases filed against Rite Aid by various governmental entities and alleging that manufacturers, distributors, and pharmacies caused the opioid epidemic through marketing practices, excessive distribution, and improper dispensing.

Nelson Mullins Riley & Scarborough LLP

Drawing upon ‘deep products liability experience’ throughout the country, Nelson Mullins Riley & Scarborough LLP provides ‘sound counsel and advice’ to pharmaceutical manufacturers and medical device companies in disputes, irrespective of geographical location. The team also works well with others, be it in the role of national co-ordinating or regional counsel, and is appreciated for its ability to provide ‘exemplary work and strategy for clients’. Able to call upon the expertise of numerous strong trial lawyers, the team often acts as first chair in state and federal courts throughout the country, where its grasp of the underlying subject matter is greatly valued, as is its strategic sense and advocacy skills. Baltimore-based Mike Brown exemplifies these qualities, as do David Dukes  in South Carolina and Richard B. North, Jr.  in Atlanta, with all three having excellent track records, including in relation to MDL bellwether cases. Mark Jones  and Alana Bassin co-head the overarching products liability team from South Carolina and Minnesota, respectively.

Practice head(s):

Mark Jones; Alana Bassin


Other key lawyers:

Mike Brown; David Dukes; Richard North; Terri Reiskin; Eden Darrell; Jason Hodge


Testimonials

They are top notch litigators, best in the business; full understanding of product liability children issues; easy to work with.’

They have deep products liability experience and take the time to truly understand a product, from inception to alleged failure.’

The team has a focused approach to litigation where lawyers from multiple offices join together to provide exemplary work and strategy for clients.’

They always provide sound counsel and advice, and create and execute strategies that are exactly what I want as a client.’

They are excellent collaborators and display strong strategic thinking.’

Key clients

Allergan and LifeCell Corporation (subsidiaries of AbbVie Inc)


Becton Dickinson


Boston Scientific Corporation


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


Endologix Inc. / Endologix LLC


GlaxoSmithKline


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


Smith & Nephew, Inc.


Zoll Medical Corporation


AbbVie


Work highlights


  • Representing Becton Dickinson and its subsidiaries in an MDL involving implantable ports manufactured and sold by subsidiaries of the company.
  • Representing Boston Scientific in litigation involving a variety of the company’s medical devices, both 510(k) and PMA, and earned multiple recent case wins including a Massachusetts state judge dismissing the first bellwether lawsuit in the Greenfield IVC filter mass tort on summary judgment.
  • Representing NuVasive, Inc. in an $80m case relating to alleged injuries stemming from a surgery in which NuVasive scoliosis rods were implanted.

Norton Rose Fulbright

Led from Houston by Brett Young and also able to draw upon resources from other key offices including Dallas and Minneapolis, Norton Rose Fulbright has significant visibility among pharmaceutical manufacturers and medical device companies, including in major class actions and MDLs. In Dallas, D’Lesli Davis , who heads up the life sciences and healthcare sub-group, has vast industry knowledge and litigation smarts with which she uses to good effect on MDLs/class actions, as well as in relation to pharmacovigilance matters. As well as regularly representing clients on personal injury matters, Davis has also gained a strong reputation advising on economic loss issues, not only on behalf of affected consumers but also third party payers. Also based in Dallas, Jonathan B. Skidmore regularly forms a pivotal part of the team’s involvement in many of the highest-profile disputes in the sector and has gained particular acclaim for his trial record. Dallas-based senior associate Ellie Norris is also recommended and has experience defending pharmaceutical manufacturers against economic loss, consumer protection, and deceptive practices claims brought by individuals, third-party payers, and state governments.


Practice head(s):

Brett Young; D’Lesli Davis


Other key lawyers:

Jon Skidmore; Geraldine Young; Alicia Grant; Ellie Norris


Key clients

Takeda Pharmaceutical Company


McKesson Corporation


Work highlights


  • Representing Takeda Pharmaceuticals as lead counsel in connection with a national RICO economic loss putative class action arising from allegations of failure to warn of side effects.
  • Representing the major pharmaceutical wholesaler McKesson Corporation in the three-pronged Sartan (blood pressure pharmaceuticals valsartan, losartan and irbesartan) MDL.

O'Melveny & Myers LLP

Drawing upon deep bench strength on both East and West coasts, O'Melveny & Myers LLP has the resources and knowledge to handle a significant volume and range of product liability work in the life sciences space. The firm has gained particular acclaim for its strength at handling large-scale mass torts and MDLs, where it is appreciated for its leadership qualities as well as its ability to provide winning strategies at a motions stage and in bellwether trials. In addition, the team is very well-equipped to handle multi-pronged matters, and as well as being able to leverage a significant roster of white- collar/government investigations lawyers, also has numerous product liability lawyers who are equally comfortable dealing with private and public litigation. Recognized as a ‘go-to class action products liability lawyer’, Washington DC-based Steve Brody exemplifies this versatility and has been front and center of the firm’s high-profile work for Johnson & Johnson in resolving the claims of thousands of state and local governments through a combination of trial victories, appellate wins, and historic settlement negotiation. Brody co-heads the products liability and mass torts group alongside Los Angeles based Sabrina Strong.

 

Practice head(s):

Steve Brody; Sabrina Strong


Other key lawyers:

Hannah Chanoine; Matt Powers; Richard Goetz; Amy Laurendeau; Jonathan Schneller


Testimonials

‘Steve Brody is a go to class action products liability lawyer.’

 

Key clients

Johnson & Johnson


Work highlights


  • Represented Johnson & Johnson and subsidiary Janssen Pharmaceuticals, Inc. in massive nationwide litigation over the opioid-abuse crisis.
  • Represented J&J and its subsidiary Johnson & Johnson Consumer Inc. in Los Angeles County Superior Court in a single-plaintiff product liability action.
  • Represented Johnson & Johnson in a multistate investigation and several Attorney General pelvic mesh litigation cases.

Shook, Hardy & Bacon LLP

With litigation informing the majority of workflow for the firm as a whole, Shook, Hardy & Bacon LLP has deep insight into the strategic and procedural steps best suited to gaining an advantage for defendants in high-profile disputes. In the context of life sciences-related product liability, the team combines this core litigation prowess with deep subject matter prowess and substantive law knowledge to good effect, regularly working alongside the firm’s dedicated group of research analysts to provide an edge which often sees the firm prevail at an early stage in proceedings. Both based in Miami, William Geraghty  and Hildy Sastre are experienced trial lawyers, with both regularly taking the lead in high-profile bellwether cases in an a MDL setting.

Practice head(s):

Hildy Sastre; William Geraghty; Katie Gates Calderon; Tristan Duncan; Michael Mallow; Amir Nassihi


Other key lawyers:

Sean Wajert; Patrick Oot; Harley Ratliff; Robert Simpson


Key clients

Gilead Sciences


Skadden, Arps, Slate, Meagher & Flom LLP

With a number of ‘very talented lawyers’ spread across the firm’s national network of offices, including some well-regarded trial lawyers, Skadden, Arps, Slate, Meagher & Flom LLP regularly picks up high-profile roles for pharmaceutical/medical devices companies in consumer class action and product liability cases throughout the country. The scope of the work is broad, running the gamut from cases alleging consumer fraud and false advertising, through to mass torts alleging product defects have caused injury and/or economic loss. In these large aggregated cases the firm has gained a strong reputation taking on the role as national counsel, leading the strategy and co-ordinating with local counsel. Recognized as ‘one of the leading class action lawyers in the country’, Washington DC-based team head John Beisner leads from the front and continues to gain excellent results at trial and in the motions stage across both consumer fraud and product liability-related litigation. Other recommended practitioners include New York-based Allison Brown , who excels at explaining complex science and medical issues to juries; Jessica Davidson  in New York, who is adept at strategizing and arguing motions in life sciences-related MDLs; and Washington DC-based Nina Rose , who is particularly skilled at developing expert evidence, and challenging plaintiffs’ experts’ opinions at the Daubert stage.

Practice head(s):

John Beisner


Other key lawyers:

Allison Brown; Jessica Davidson; Geoff Wyatt; Christopher Cox; Nina Rose


Testimonials

They have some very talented lawyers.’

John Beisner is an absolute star. He is one of the leading class action lawyers in the country.’

 

Troutman Pepper

Combining strong overarching life sciences knowledge with compelling litigation sensibilities, Troutman Pepper is a popular choice among leading drug manufacturers and medical device companies, including Eli Lilly, GSK and Becton Dickinson, in the defense of high-stakes product liability, mass tort, and personal injury claims across a wide range of products. Through proactive strategies at a motions stage in large mass tort/MDL proceedings the team, which has particularly strength from Philadelphia and Atlanta, has paved the way for future victories, for example, through  successfully excluding or limiting plaintiff expert testimony. Similarly, it is unafraid to try cases and has built an excellent track record of successfully representing clients in traditionally plaintiff-friendly jurisdictions. Philadelphia-based Barry Boise combines strong trial experience, including as it relates to government investigations, with counselling and regulatory prowess to provide comprehensive protection for many leading clients. In Atlanta, Eric Rumanek combines science and legal knowledge to good effect, helping smaller pharmaceutical companies to avoid litigation and to comply with oftentimes burdensome regulatory strictures, as well as acting as national and trial counsel for higher-profile companies in large scale mass torts. Leveraging his impressive trial skills, Philadelphia-based team head Sean Fahey regularly gains impressive concessions on settlements, as well as often acting as first-chair in high-profile trials involving complex technical and scientific issues.

Practice head(s):

Sean Fahey


Other key lawyers:

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


Key clients

Abbott Laboratories


Boehringer Ingelheim


Collegium Pharmaceutical, Inc.


Eli Lilly and Company


GlaxoSmithKline


Acella Pharmaceuticals, LLC


Amneal Pharmaceuticals


Sun Pharmaceutical Industries Inc.


Zhejiang Huahai Pharmaceutical Co., Ltd.


Becton Dickinson


BioSense Webster, a Johnson & Johnson subsidiary


Ethicon, a Johnson & Johnson subsidiary


LivaNova USA


Tucker Ellis LLP

Exhibiting expertise throughout the litigation continuum, Cleveland-headquartered firm Tucker Ellis LLP provides a cost-effective and collaborative service to life sciences clients in the defense of single plaintiff cases and aggregated proceedings. In addition, clients benefit from access to many lawyers with effective trial skills, including many who have secured victories to verdict in state and federal courts particularly on single plaintiff claims, as well as securing notable victories on MDLs/class actions in dispositive motions –  including through arguing federal pre-emption, as well as in Daubert hearings. In Chicago, Sherry Knutson is an acclaimed litigator who has tried cases to verdict in Illinois and beyond, as well as regularly serving as national co-ordinating counsel in multiple pharmaceutical mass torts. Cleveland-based Tariq Naeem co-heads the health and life sciences group alongside Knutson and is noted, in particular, for his deep scientific knowledge and ability to effectively work up company and expert witness testimony. Charissa Walker also continues to impress.

Practice head(s):

Sherry Knutson; Tariq Naeem


Other key lawyers:

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


Key clients

Johnson & Johnson


Takeda


Smith & Nephew


Venable LLP

Co-headed from Baltimore by Kathleen Hardway  and Jason Rose , Venable LLP‘s product liability and mass tort group has over the years developed particular expertise in the life sciences sector, marrying subject matter and regulatory prowess with a deep understanding of effective litigation tactics. Consequently, the team regularly secures leadership roles on large aggregated litigation, including acting as national counsel responsible for shaping the overarching management and strategy of MDLs. The firm’s role as co-counsel to Takeda in litigation related to its PPI medications remains a highlight of the practice, with Rose, Craig Thompson and Bruce Parker , all having pivotal roles in the matter and successfully guiding the firm to securing the dismissal of the majority of cases filed in Delaware. One of the specialized areas of practice that the firm excels in is representing vaccine manufacturers who face allegations of vaccine injury, where Dino Sangiamo is particularly skilled.

 

 

Practice head(s):

Kathleen Hardway; Jason Rose


Other key lawyers:

Steve Marshall; Bruce Parker; Craig Thompson; Erin Maus; Dino Sangiamo; John Roberts; Christopher Conoscenti; Karen Firstenberg; Sally Bryan; Christina Gaarder; David Gray; Michael Hecht; Michaela Roberts; JaMar Mancano; Shannon Beamer


Key clients

Merck & Co., Inc.


Takeda Pharmaceuticals U.S.A., Inc.


Venator Corporation


Laboratory Corporation of America (“LabCorp”)


Daiichi Sankyo, Inc. and American Regent, Inc.


Work highlights


  • Acting as Merck’s national counsel in litigation related to its shingles vaccine, Zostavax.
  • Serving as co-national counsel to Takeda for litigation related to its proton-pump inhibitor (PPI) medications, including Prevacid and Dexilant, which treat acid reflux/GERD. In this litigation, plaintiffs allege that Takeda’s PPI medications cause certain kidney injuries.
  • Serving as Merck’s and Organon’s national counsel for litigation related to the osteoporosis medication Fosamax. In this litigation, plaintiffs allege that Fosamax contributes to atypical femur fractures (AFFs).

Winston & Strawn LLP

Leveraging ‘a strong overarching litigation brand’ – which includes a number of well-regarded trial lawyers based in the Midwest and on both coasts – as well as a deep knowledge of the underlying science/medicine, Winston & Strawn LLPexcels at handling large cases and MDLs’ involving product liability and consumer fraud allegations against pharmaceutical/medical devices companies. As well as regularly acting as lead trial counsel on high-profile matters, the team is also adept at leading the overarching litigation strategy, often acting as national counsel helping to work up the case, dealing with expert witnesses and providing expertise at a motions stage. Christopher Essig is noted for his ‘very collegiate’ approach, ensuring that he is a popular choice on large-scale MDLs often involving multiple defendants. Alongside ‘outstanding’ trial lawyer Scott Ahmad, Essig is lead national counsel for Hikma Pharmaceuticals in all of its opioid-related litigation. San Francisco-based team head Sandra Edwards  is also a very accomplished trial lawyer whose oeuvre of work has included a number of high-profile MDL successes for pharmaceutical companies over the years.

 

Practice head(s):

Sandra Edwards


Other key lawyers:

George Lombardi; Christopher Essig; Scott Ahmad; Bryce Cooper; Sharon Desh; Rand Brothers; Reid Smith; Francie Berger; Sarah Harmon


Testimonials

The firm has a strong overarching litigation brand and excels at handling large cases and MDLs.’

Christopher Essig is very collegiate and great to work with.’

The outstanding Scott Ahmad provides accurate and commercial guidance.’

 

Key clients

Hikma Pharmaceuticals


Otsuka America Pharmaceutical


Abbott Laboratories


Monsanto Company


Albertsons Companies


Noramco, Inc.


Work highlights


  • Representing Abbott in state and federal proceedings involving numerous product liability lawsuits, 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, which includes a sprawling multidistrict proceeding consolidated in Ohio federal court and various state-court actions, including Texas, Utah, New York, Pennsylvania, and West Virginia.
  • Achieved victory for client Otsuka America Pharmaceutical, Inc. when the US District Court for the Northern District of Georgia dismissed the entire case, including a plaintiff’s failure-to-warn, design-defect, manufacturing-defect, and consumer-protection claims with prejudice at the pleadings stage.

Bryan Cave Leighton Paisner

Best-known for its Midwestern offering but also increasingly able to resource matters utilizing practitioners on both coasts, Bryan Cave Leighton Paisner HRO‘s Missouri-centred mass torts and product liability team is particularly effective at defending life sciences clients in MDLs. St Louis-based trial lawyer Bettina Strauss works very well with other law firms, whether it be in the capacity as national or regional counsel, and excels in developing compelling arguments (and securing early dismissals through Daubert challenges) through very effective collaboration with medical and scientific experts. Dan Ball has an excellent reputation for trying a variety of product liability cases, including many within the pharmaceuticals and medical devices space.  Timothy Hasken co-heads the team alongside Strauss and has first-chair trial experience in both jury and bench trials within the life sciences sector.

Practice head(s):

Bettina Strauss; Timothy Hasken


Other key lawyers:

Jennifer Campbell; Liz Blackwell; Stefani Wittenauer; Jennifer Dempsey; Randy Soriano; Stephen Strauss; Allison Krashan; Rick Cassetta; Dan Ball; Peter Bay


Key clients

Monsanto (nka Bayer)


Enterprise Holdings


Combe Inc.


Janssen Pharmaceuticals, Inc.


Chubb Fire Ltd.


BNSF Railway


International Vitamin Corporation


Emerson Electric


National Collegiate Athletic Association (NCAA)


Jones Day

Leveraging significant broad-based product liability expertise, as well as overarching healthcare and life sciences sector strength that draws from a multi-disciplinary offering encompassing, inter alia, expertise in regulatory matters and government investigations, Jones Day is well-placed to quickly and effectively mobilize resources to help protect major pharmaceutical and medical device companies against challenging multi-pronged disputes. Atlanta-based Stephanie Parker  oversees the product liability practice and is one of many experienced litigators with significant trial experience with respect to matters in the life sciences space; she recently won summary judgment for a pharmaceutical company in a highly publicized case alleging death by suicide allegedly caused by a popular dermatologic drug. Chicago-based first-chair trial lawyer José Isasi is also a key member of the team, as is up-and-coming Detroit-based trial lawyer Celeste Brecht .

Practice head(s):

Stephanie Parker


Other key lawyers:

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


Key clients

GOJO Industries, Inc.


Indivior Inc.


Steris Corporation


Walmart Stores, Inc.


McGuireWoods LLP

McGuireWoods LLP‘s broad-based product liability team has a strong pedigree representing drug and medical device manufacturers in single plaintiff and aggregated litigation, regularly securing jury trial wins, as well as acting as regional and national co-ordinating counsel on MDLs. As well as the team’s core litigation prowess, which includes the use of ADR techniques, should the need arise, the team is also noted for its deep understanding of the underlying product and the regulatory framework. Consequently, it is very effective at providing risk management strategies as well as handling product recalls. In relation to core products litigation, as well as being able to draw upon the strength of a number of highly skilled trial litigators, it also regularly achieves vital early victories at a motions stage, including as it relates to lack of jurisdiction and in Daubert challenges. Sam Tarry co-heads the overarching products liability and mass torts team alongside Justin Howard , and is noted for his aptitude at helping to develop expert witnesses as well as to explain complex scientific/medical concepts in a cogent way to juries at trial. Davis Walsh  is also a key member of the team and is particularly adept at advising on infectious disease litigation. Diane Flannery recently retired.

 

 

Practice head(s):

Samuel Tarry; Justin Howard


Other key lawyers:

Benjamin Hatch; Mark Anderson; Candace Ali Blydenburgh; Nicholas Hoffman; Davis Walsh


Key clients

Duke University Health Center and Columbia University Medical Center


Work highlights


  • Represented Duke University Health Center and Columbia University Medical Center in a putative class action brought by sixteen named plaintiffs on behalf of themselves or their decedents, based on harm allegedly sustained as a result of a shortage of a drug called Fabrazyme that began in 2009 and lasted until 2012.

Morrison Foerster

Instructed on a standalone basis, as well as generating some work from its well respected venture capital offering, West Coast heavyweight Morrison Foerster provides a comprehensive offering to large and emerging life sciences entities, from product development to market and beyond, in both a risk management and litigation context. On the litigation front, the team, which is led out of San Diego by Erin Bosman , ‘thinks creatively about how product liability litigation fits within the company’s larger risk management program’. Herself a former scientist, San Diego-based Julie Park is ‘attentive, responsive, efficient and results oriented’ and exemplifies the firm’s holistic approach, being adept at guiding clients throughout the product life cycle, from regulatory advice through to class action litigation.

 


Practice head(s):

Erin Bosman


Other key lawyers:

Julie Park; Tiffany Cheung; Purvi Patel; Alexis Amezcua; William Tarantino; Claudia Vetesi; Alexandra Preece Barlow


Testimonials

‘The team thinks creatively about how product liability litigation fits within the company’s larger risk management program.’

The firm is skilled at not just litigating individual cases but putting them in the context of a larger litigation strategy.’

‘Julie Park is attentive, responsive, efficient and results oriented.’

Key clients

McKesson Corporation


MicroPort Orthopedics Inc.


Prelude Fertility, Inc.


Thinx Inc.


Work highlights


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

Faegre Drinker Biddle & Reath

Faegre Drinker Biddle & Reath is well-placed to represent medical device and pharmaceutical companies across a range of single plaintiff and mass tort actions across the US. Indianapolis-based Andrea Pierson has an excellent reputation handling medical device mass torts and continues to spearhead the firm’s ongoing work for Cook Medical on its MDL relating to its inferior vena cava filter product. In New Jersey, Susan Sharko is also very skilled at handling pharmaceutical and medical device MDL matters, where she regularly works with expert witnesses to develop the case, as well as working against opposition experts in Daubert hearings. Minneapolis-based Amy Fiterman heads up the overarching products liability and mass tort team.

Practice head(s):

Amy Fiterman


Other key lawyers:

Andrew Campbell; Traci McKee; Christopher Dolan; Andrea Pierson; Susan Sharko


Key clients

Cook Medical


Product Liability Advisory Council, Inc. (PLAC)


Zimmer Biomet


Johnson & Johnson (and its family of companies)


Daiichi Sankyo, Inc., Daiichi Sankyo Company Limited


Boston Scientific Corporation


Elanco Animal Health


Medtronic


Exactech


Work highlights


  • Representing Cook Medical as national counsel in multidistrict litigation involving its inferior vena cava (IVC) filter product.
  • Representing Zimmer Biomet, Inc., as national counsel in hip and knee litigation, includes defending over ten thousand product liability cases in four MDLs in the past five years.
  • Representing Johnson & Johnson (and its family of companies) on many complex cases.

Wilkinson Stekloff

Washington DC-based litigation boutique Wilkinson Stekloff is able to resource high-stakes disputes utilizing a ‘deep bench of top notch legal strategists and trial lawyers with extensive experience in products liability mass tort litigation’. The life sciences sector informs a considerable volume of these matters, with the firm lauded for its ability to simplify the narrative and explain often complicated scientific issues to juries, as well as to effectively cross-examine experts in Daubert hearings. A ‘trial lawyer with impeccable judgement’, Brian Stekloff  has an excellent pedigree in the space, both at a motions stage as well as at trial, where he has secured numerous victories in products liability bellwether trials for well-known pharmaceutical companies. As befits the reputation of ‘one of the top trial lawyers in the country’, Beth Wilkinson is able to turn her hand to a myriad disputes across subject matters, including as it relates to challenging life sciences MDLs. New York-based Keri Arnold who is gaining acclaim as being ‘the real-deal in a rising-star trial lawyers’ excels at trying cases in the life sciences space and also has extensive experience developing complex medical and scientific evidence for presentation at trial. All named practitioners are based in Washington DC, unless otherwise indicated.

Practice head(s):

Beth Wilkinson; Brian Stekloff; James Rosenthal


Other key lawyers:

Keri Arnold; Cali Arat; Tamarra Matthews Johnson; Moira Penza; Ralia Polechronis; Matthew Skanchy; Max Warren


Testimonials

Deep bench filled with top notch legal strategists and trial lawyers with extensive experience in products liability mass tort litigation.’

Beth Wilkinson is one of the top trial lawyers in the country.’

Brian Stekloff is a fantastic legal strategist and trial lawyer with impeccable judgement.’

Brian Stekloff is a smart, efficient subject matter expert and a great trial lawyer.’

Keri Arnold – the real-deal in a rising-star trial lawyers.’

Keri Arnold is a great trial lawyer and is collaborative in working with other law firms.’

Key clients

3M Corporation


Bayer and Monsanto


Covidien and Medtronic


Work highlights


  • Representing Medtronic and Covidien in various products liability cases arising out of claims that their hernia mesh products have design and manufacturing defects, and that the company provided inadequate warnings about the risks of hernia mesh.
  • Serves as trial counsel in the newest front of litigation against Monsanto over its PCBs and Roundup branded products.

Weil, Gotshal & Manges LLP

Drawing upon the expertise of litigators with product liability and consumer class action experience, as well as those with overarching commercial disputes prowess, Weil, Gotshal & Manges LLP provides ‘creative and innovative’ legal strategies to pharmaceutical clients fending off potentially-brand threatening plaintiff challenges. The firm is able to advise on matters from cradle to grave, including on risk management processes, discovery and motions through to trial and appeal. New Jersey-based trial expert Diane Sullivan is one such lawyer who is in demand for her exceptional advocacy skills and ability to provide highly persuasive arguments to juries, often involving highly technical scientific information, and is regularly parachuted in on the eve of high-profile bellwether MDL trials. Recognized as an ‘excellent problem solver’, New York-based Theodore Tsekeridesexecutes and resolves’, both at a trial stage, as well as in relation to the overarching litigation strategy. On the West Coast, Silicon Valley-based David Singh co-heads the team with Sullivan and has experience of handling false advertising consumer class actions in the sector.

Practice head(s):

Diane Sullivan; David Singh


Other key lawyers:

Theodore Tsekerides; Arianna Scavetti; Pravin Patel


Testimonials

They are creative and innovative in their approach.’

‘Theodore Tsekerides is a good problem solver. He presents strategy, executes, and resolves.’

Key clients

Repsol, S.A.


ExxonMobil Corporation


PepsiCo


Burger King Corporation


Tarkett Sports


Nike


Johnson & Johnson


Dometic Corporation


Paramount Global


General Electric Co.


The Procter & Gamble Company


Sanofi, S.A.


Alibaba Group


Energy Transfer LP


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