Medical Device & Pharmaceutical
As hospitals and healthcare providers rely upon an expanding array of medical devices, technologically-reliant treatment modalities, and specialized pharmaceuticals, the claims arising from injury allegedly incurred from the use of such devices and drugs are complex and multi-faceted. Our attorneys have extensive experience litigating on behalf of medical device manufacturers and pharmaceutical companies in cases pending in both state and federal court. In these matters, we have assisted our clients in investigating the background of such claims and we have been successful in obtaining early dismissal of claims through motion practice. We have worked closely with our clients in addressing the many complex issues that arise during the investigation and discovery process, including locating, interviewing and preserving evidence from former employees, delving into electronic and hard copy documents to bolster available defenses, and ensuring the protection of proprietary and trade secret information. Throughout the case, our focus remains on pursuing all available legal and scientific defenses, with an eye toward a summary judgment motion and/or defending the claims at trial. We recognize, however, that in certain instances, our clients’ best interests may be served by a negotiated resolution of the claims and we have worked with our clients toward that end through alternative dispute resolution methods. In all instances, we are committed to finding the most satisfactory, efficient and cost-effective resolution available for our clients.
Our clients in this area range from Fortune 500 companies to regional manufacturers and retailers in the medical equipment and supply fields. In all instances, we are committed to mastering the specific background of the drug/product/device at issue and to achieving the most efficient resolution in each case.
Representative engagements include:
- Successfully assisting in defense of multinational pharmaceutical company in personal injury matter alleging that Hodgkin’s Lymphoma resulted from topical dermatological use of a prescription ointment.
- Representing large pharmaceutical wholesaler as national counsel in PPA litigation, including the MDL and several state mass tort programs.
- Representing manufacturer of percutaneous sheath introducer (PSI)-catheter in defending claims of design defect, manufacturing defect and failure to warn in wrongful death action.
- Obtaining summary judgment after expert depositions in failure to warn case involving failure to refrigerate chemotherapy drug unsuccessfully used to treat prostate cancer.
- Obtaining dismissal of all claims on behalf of manufacturer of cervical interbody fusion system used in spine surgeries.
- Successfully assisting in defense and settlement of claims on behalf of manufacturer of contact lens solution alleged to have caused some users to develop serious eye infections.
- Representing multi-national pharmaceutical manufacturer in HRT litigation in mass tort programs in Pennsylvania and New Jersey.
- Representing large pharmaceutical manufacturer in multidistrict litigation seeking recovery for allegedly fraudulent pricing practices.
- Representing medical laser manufacturer in resolving design defect/failure to warn claims that allegedly caused patient to sustain burns following treatment.
- Representing large medical device manufacturing corporation in federal court action alleging numerous causes of action including strict liability, negligent manufacture, design and inspection, breach of express and implied warranty and breach of duty to warn related to implantation of prosthetic knee replacement system.
- Representing medical device manufacturer in litigation with component manufacturers related to quality deficits and failure of components to conform to specifications.