The primary focus of Mr. Brazil's practice is the representation of pharmaceutical, medical device, biotech and nutritional supplement companies in a broad array of product liability claims as well as other complex and multidistrict litigation matters. He is currently acting as National Coordinating Counsel for the maker of a dermal filler, the worldwide leader in the design and development of robotic technology utilized in minimally invasive surgery, and a manufacturer of modular hip prosthesis and for a quinine manufacturer. In addition, he provides risk management and counseling services for pharmaceutical, medical device and biotech companies. Mr. Brazil has served as California counsel for corporations in the Fen-Phen, pedicle screw, VIOXX, Fosamax, Quinine and Thimerosal vaccine litigation. In addition, he has acted as national, regional and local counsel in other nationwide pharmaceutical, medical device, and mass tort litigation. Representation includes compounds for the treatment of arthritis, diabetes, latex, gloves, mental illness, endocrine disorders, pain and infection and devices ranging from surgical robots to infusion pumps, pacemakers, defibrillators, lasers, angioplasty products, patient monitors, blood gas products, prosthetic devices and radiation equipment.
Professional Memberships and Activities
· Steering Committee of the Drug and Device Committee of Defense Research Institute
· Drug Information Association
· International Association of Defense Counsel
· Past Board Member, Association of Southern California Defense Counsel
· Adjunct Professor, Massachusetts General Hospital, Institute of Health Professions, 1999-2002
· Arbitrator and Settlement Referee for Los Angeles Superior Court
Distinctions
· AV® Preeminent™ Peer Review Rated - Martindale-Hubbell
· 2011 Southern California Super Lawyer
· 2010 Southern California Super Lawyer
· 2009 Southern California Super Lawyer
· 2008 Southern California Super Lawyer
· 2005 Southern California Super Lawyer
· 2004 Southern California Super Lawyer
Speeches and Publications
· Failure to Warn Claims, DRI's Drug & Device Young Lawyer's Primer, September 29, 2010, Chicago, IL
· Litigation Trends in the Life Science Industry, August 12, 2010, San Diego, CA
· Co-Defendants in Drug & Medical Device Litigation - Powerful Allies/Dangerous Enemies, New Jersey, September 15, 2009
· Perspectives on Training and Monitoring a Pharmaceutical and/or Medical Device Sales Force, May 14, 2009
· Failure To Warn Claims, DRI's Drug & Medical Device Litigation Primer, Chicago, IL, September 23, 2008
· TV, Radio, Pring and the Internet: Identifying Business Parameters for Device Manufacturers' New Foray into DTC Marketing, American Conference Institute, Chicago, IL, June 18, 2008
· Legal and Regulatory Issues for the Life Sciences Industry, Whitehouse Station, New Jersey, April 2, 2008
· Loss and Litigation Trends in the Life Sciences Industry, Advanced Life Sciences Producer - Underwriter Forum, Phoenix, Arizona, October 17, 2007
· Anatomy of a Life Science Claim, Life Sciences Claims Seminar, Warren, New Jersey, September 25, 2007
· It Can't Happen to Us, 3rd Annual Life Sciences Forum, Cambridge, Massachusetts, June 7, 2007
· Depositions of Industry CEO's - The Jerry Springer Show, Survivor or Dancing with the Stars?, Medtech Insights In 3 West, Irvine, California, February 27, 2007
· Defenses in Drug and Medical Device Litigation: A Primer for Young Lawyers, DRI, Chicago, Illinois, October 18, 2005
· The Life Sciences Litigation Minefield, Life Sciences Producer/Underwriter Forum, San Jose, California, September 20-21,2005
· Product Liability Law for Regulatory Affairs Professionals, Guest lecturer, San Diego State University, May, 2005
· Current Trends and Hot Topics in Drug and Device Litigation, DRI Drug & Medical Device Seminar, San Francisco, California, May 7, 2004
· Off-Label Use, Innovative Defense Strategies in Drug and Medical Device Litigation, LexisNexis Conference, Scottsdale, Arizona, March 23, 2004
· PhRMA Guidelines Change the Rules on the Interactions Between the Pharmaceutical Industry and Healthcare Professionals, IADC Drug, Device and Biotech Newsletter, September, 2002
· Clinical Trials and Tribulations: How to Reduce Your Risk of Litigation, BIO 2002 Annual Convention, Toronto, Ontario, Canada, June 12, 2002
· Legal Implications of FDA Filings - What You Say Will Be Used Against You, RAPS 2001 Annual Meeting, Baltimore, MD, November 6, 2001
· The Admissibility of Medical Device Reports in Civil Litigation, Medical Device & Diagnostic Industry Magazine, January, 2001
· The Admissibility of Medical Device Reports in Civil Litigation, Regulatory Affairs Professional Society (RAPS) Annual Meeting, Washington, D.C., October 3, 2000
· New Restatement's Definition of Design Defect: Status of Adoption by the Courts, IADC Drug, Device and Biotech Newsletter, April, 2000
· Product Risk Management for the Enterprising Biotech Firm, BIO '99, Seattle, WA, May, 1999
· An Introduction to Litigation, Massachusetts General Hospital, Institute of Health Professions, Boston, MA, March, 1999
· Failure to Warn Issues for Young Marketing and Sales Employees, Medmarc Series Conference, Newport Beach, CA, October, 1998
· Clinical Trials from a Product Liability Perspective, Massachusetts General Hospital, Institute of Health Professions, Boston, MA, June, 1998
· Civil Litigation Arising from Product Labeling, BIO '98 International, New York, NY, June, 1998
· Medical Devices/Pharmaceuticals: The Claim and Litigation Process, Health Pro Advanced Technology Seminar, San Diego, CA, October, 1997
· Training and Monitoring a Pharmaceutical and/or Medical Device Sales Force, Food, Drug, Cosmetic and Medical Device Law Digest, September, 1997
· Training and Monitoring a Pharmaceutical and/or Medical Device Sales Force, Drug Information Association Semi-Annual Meeting, Philadelphia, PA, March, 1997
Articles
5/14/2009, Perspectives on Training and Monitoring a Pharmaceutical and/or Medical Device Sales Force
This article presents an overview of the potential areas of legal liability involving the sales force, and a framework for training sales representatives on legal issues, both to prevent lawsuits and to aid the company in successfully defending itself and its products in pending litigation.