Practice Areas & Industries: Greenberg Traurig, LLP

 




Pharmaceutical, Medical Device & Health Care Litigation Return to Practice Areas & Industries

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Practice/Industry Group Overview

Greenberg Traurig’s Pharmaceutical, Medical Device & Health Care Litigation Practice represents clients in complex litigation in courts across the country. We are trial lawyers who regularly try these cases to verdict – and have the in-house legal and technological capabilities to efficiently handle dockets of cases numbering in the thousands. We also know that going to trial often is not in a company’s best interests. Therefore, we advise each client on the most appropriate approach to its particular situation – from strategic settlement to mediation to trying the case – ensuring that our litigation strategy supports the company’s business objectives.

Our Pharmaceutical, Medical Device & Health Care Litigation Group is comprised of more than 100 attorneys, in addition to a team paralegals, nurse paralegals and trial consultants across the country, and is an integral part of GT’s National Litigation Practice, encompassing 600+ attorneys in offices across the United States. We were recently selected as a 2011 Products Liability Practice of the Year by Law360. The firm’s national Products Liability Practice was also recognized in the 2012 edition of the Chambers and Partners USA Guide and in the 2012 edition of Legal 500: United States.

We have the combination of hard trial experience, and the depth of talent and resources, to resolve or defend through trial “bet the company” cases. With GT’s national platform and collaborative culture, we are able to defend our clients in jurisdictions across the country, providing greater efficiency and reducing the need for local counsel. We regularly serve national and international companies as national, regional, special trial or science counsel. We draw on the experience of our colleagues in GT’s Health & FDA Business Group to provide regulatory counsel to our pharmaceutical and medical device clients, as well as to develop strategies for any FDA/regulatory issues in our cases. 

Broad Capabilities & Industry Knowledge

  • National team of trial attorneys who regularly try pharmaceutical and medical device liability cases to verdict in state and federal courts
     
  • Experience serving as national coordinating counsel for litigation involving hundreds to thousands of cases
     
  • Experience serving as national, regional, special trial or science counsel to numerous national and international companies
     
  • Wide-ranging knowledge of, and experience with, the medical and scientific aspects of clinical trials and products liability litigation
     
  • Established team of experienced professionals, spanning many specialties, as well as in-house medical and nursing consultants
     
  • In-house trial technology team with particular experience in medical cases and trials

National Coordination of Complex Litigation

  • Provide nationwide coverage, from class certification and notice issues to appeals and settlements
     
  • Develop collaborative relationships with in-house legal teams in multiple jurisdictions
     
  • Ensure consistent strategy and themes through all stages of litigation, from initial assessment through trial
     
  • Eliminate clients’ need for local counsel in many jurisdictions through GT’s nationwide team of litigators
     
  • Provide cost efficiencies and avoid duplicative efforts through the use of model pleadings and motions, standardized discovery and document production for multiple low exposure cases
     
  • Streamline document sharing and team communications through secure, Web-based eRooms and other case management technologies
     
  • Draw on GT databanks of expert witnesses in relevant fields, legal research and medical and scientific literature
     
  • Use our broad scientific knowledge and work with preeminent experts to identify and pursue technical weaknesses in a case for eventual Daubert/summary judgment motions
     
  • Work closely with GT’s Products Liability & Mass Torts, Class Action and Appellate Practices, as appropriate, in defending our clients’ interests

Legal Counsel to Help Client Limit Their Products Liability Exposure

  • Provide preventive counseling – encompassing product development, document retention, internal and crisis communications, and product recalls – to help clients minimize the risk of litigation
     
  • Provide advice on the appropriate responses to events that could generate products liability claims
     
  • Develop strategies with clients to be in the best possible posture before litigation hits
     
  • Help clients investigate and evaluate claims before litigation begins
     
  • Conduct mock trials and focus group exercises to assist clients in evaluating their products’ liability exposure
     
  • Drawing on the experience of GT’s Health & FDA Business Group and Governmental Affairs Practice, advise clients on dealing with the Food and Drug Administration and other federal and state regulatory agencies

National Experience with Complex Cases Involving A Wide Range of Products & Devices

  • Ablation equipment
     
  • Allergy medications
     
  • Anesthesia medications
     
  • Anti-acne medications
     
  • Anti-convulsant medications
     
  • Anti-depressant medications
     
  • Anti-fungal medications
     
  • Anti-nausea medications
     
  • Anti-psychotic medications
     
  • Antibiotics
     
  • Artificial disc devices
     
  • Asthma medications
     
  • Biological drugs
     
  • Blood clotting agents
     
  • Blood products
     
  • Bone disease medications
     
  • Breast implants
     
  • Cardiac leads
     
  • Cardiac rhythm management devices
     
  • Cardiopulmonary Bypass equipment
     
  • Chemotherapy medications
     
  • Colonoscopy preps
     
  • Decongestants
     
  • Dental implants
     
  • Diabetes medications
     
  • Dialysis products and equipment
     
  • Dietary supplements
     
  • Electrocautery equipment
     
  • Endometrial ablation devices
     
  • Endoprosthesis devices
     
  • Ephedra and Fen-Phen
     
  • Heart valves
     
  • Hip and Knee implants and prostheses
     
  • Human tissue allografts
     
  • Imaging equipment (MRI/CT)
     
  • Implantable cardioverter defibrillators (ICDs)
     
  • Implantable pulse generators
     
  • Insulin pumps
     
  • Intrathecal pain pumps
     
  • Laparoscopic surgical equipment
     
  • Mesh devices
     
  • Natural rubber latex gloves
     
  • Neurostimulation devices
     
  • OTC medications
     
  • Orthopedic bone screws
     
  • Orthopedic implants
     
  • Ovulation prediction kits
     
  • Pain medication pumps
     
  • Pain medications
     
  • Spinal cord stimulation devices
     
  • Spinal implant devices
     
  • Surgical sterilant
     
  • Sutures and Staples
     
  • Tissue stabilization surgical devices
     
  • Vagal Nerve Stimulators
     
  • Vaccine and blood product preservatives

 

Services Available

 
Group Presentations
  ACI's Drug and Medical Device Litigation Conference, December 9, 2013
ACI Medical Device Agreements Conference, November 19, 2013
Momentum Event Group's The Litigation Exchange: Drug & Device Edition, October 21, 2013
MassDevice - Big 100 East News Makers & Game Changers Conference, July 16, 2013
Personal Care Products Council 2013 Legal and Regulatory Conference, May 22, 2013
See more...
 
Past Seminar Materials
  DRI "Drug and Medical Device Litigation", New York, New York, May 14, 2009
BIOMEDevice Forum, David J. Dykeman Speaker, Boston, Massachusetts, April 22, 2009
NanoIsrael 2009 , Jerusalem, March 30, 2009
Medical Devices Hands On Seminar, Amsterdam, March 18, 2009
Marcus Evans "Drug and Medical Device Litigation" Forum 5th Annual, Jose Isasi Speaker, Philadelphia, Pennsylvania, March 2, 2009
See more...
 
 
Articles Authored by Lawyers at this office:

Final Rules Adopted, Making More Pharmaceutical Patent Transfers Subject to the HSR Act: Increased Review Raises Importance of Valuation
Mary K. Marks, November 21, 2013
On November 6, 2013, the Federal Trade Commission (FTC) in consultation with the U.S. Department of Justice issued final amendments to the premerger notification rules regarding when a transfer of rights to a pharmaceutical patent is reportable under the Hart-Scott-Rodino (HSR) Act. The commission...

New HSR Rules Will Require More Filings for Pharmaceutical Patent Transfers: Increased Review Raises Importance of Valuation
Mary K. Marks, November 11, 2013
Amendments to the Rules under the Hart-Scott-Rodino (HSR) Act have been adopted that will require compliance with the Act’s reporting and waiting period requirements for certain acquisitions of exclusive pharmaceutical patent licenses that historically have not been reportable because the...

China's Patent Re-Examination Board Says Pharmaceutical Salts Not Patentable Over Pure Compounds
Weisun Rao, August 16, 2013
In July 2013, the Patent Re-Examination Board of China’s State Intellectual Property Office invalidated the U.S. biotech company, Gilead Sciences’, Chinese patent covering Tenofovir Disoproxil Fumarate (TDF or PMPA), which is the active ingredient in Gilead Sciences’ drug for...

Supreme Court Extends PLIVA to Preempt Certain Design Defect Claims Against Generic Manufacturers
Robert P. Charrow, August 13, 2013
In Mutual Pharm. Co., Inc. v. Bartlett, No. 12-142 (U.S. June 24, 2013), the Supreme Court, in a 5-4 decision building on PLIVA, Inc. v. Mensing, 564 U. S. --- (2011), held that the Food, Drug, and Cosmetic Act preempted a state law design defect action against a generic drug manufacturer that...