The primary focus of Mr. Marshall's practice is in the area of products liability, with an emphasis in pharmaceutical and medical device litigation. Matt also serves as the Chairperson of the Firm's Products Liability Practice Group.
Matt serves as both national and local counsel in nationwide mass tort drug & device litigation. Matt's drug and device cases have involved pain pumps and other infusion pump devices, dermal fillers, contact lens disinfecting solutions, dietary supplements, quinine, circumcision clamps, neurostimulators, cochlear implants, lasers & IPL devices, cold therapy devices, intraoperative warming devices or other surgical instruments, surgical mesh, hydrothermal & RF ablation devices, respirators, angioplasty devices, orthopedic implants, stents, retrieval systems, cardiac pumps, microcatheters, Phenylpropanolamine, latex gloves, wheelchairs and centrifuges.
Matt also represents manufacturers, component part suppliers, and bulk material suppliers in cases involving commercial products, including major appliances, food products, household products and exercise equipment.
Matt has successfully handled and tried to verdict numerous claims involving death or serious injuries including stroke, neurological deficits & paralysis, respiratory failure, SJS, burns, organ damage & failure, amputation, RSD, blindness, and other serious orthopedic injuries.
Speeches and Publications
· "Justices Limit Exposure of Foreign Businesses to US Litigation," Los Angeles Daily Journal, July 7, 2011
· Supreme Court Rules that State Failure to Warn Claims Against Generic Drug Manufacturers are Preempted, June 27, 2011
· The Nuts and Bolts of Product Liability Litigation, September 2010
· Co-Defendants in Drug & Medical Device Litigation - Powerful Allies/Dangerous Enemies, June 8, 2010
· We Said That? Navigating the Risks of a Robust Advertising, eMarketing & Promotions Program for Medical Products, May 2010
· Best Practices for Managing Deposition Expenses and Achieving Predictable Legal Costs, December 2009
· Product Liability and Food Contamination Seminar, August 2002
· The Admissibility of Medical Device Reports in Civil Litigation, Medical Device and Diagnostic Industry, January 2001
· Common Sense Reform or Legislative Excess? A Survey of Recent State Tort Reform Legislation, International Legal Strategy, Vol. IX-2, February 15, 2000
Articles
2/9/2012, MPP Obtains Dismissal in Clinical Trial Case
The Superior Court of California recently held that a sponsor of a Phase I clinical trial could not be held liable by a trial participant for injuries that she allegedly sustained as a result of a medical procedure conducted on her during the trial, effectively ending the case against the sponsor.
7/1/2011, Email Alert - Two U.S. Supreme Court Decisions Limit Exposure of Foreign Businesses to U.S. Litigation
On June 27, 2011, the U.S. Supreme Court issued two decisions limiting the exposure of foreign businesses to the risk of litigation in U.S. courts. In both cases, the Supreme Court held that the foreign corporations were not subject to products liability lawsuits in U.S. state courts, since those courts lacked personal jurisdiction over the foreign companies. The first case, J. McIntyre Machinery, Ltd. v. Nicastro, involved a British industrial machinery manufacturer who used an independent U.S. distributor to sell and deliver its products into the U.S., but did not itself maintain facilities or operations in the U.S. The second case, Goodyear Dunlop Tires Operations, S.A. v. Brown, involved three foreign subsidiaries of an American company (Goodyear Dunlop) who exported only a small amount of tires into the U.S. In both cases, the Supreme Court confirmed that a foreign business, with no presence in the forum state, will not be subject to personal jurisdiction simply for having sent products into the "stream of commerce" with the knowledge that its activities may be used or have an impact on the residents of a particular state.
6/27/2011, Email Alert - Supreme Court Rules that State Failure to Warn Claims Against Generic Drug Manufacturers are Preempted
On June 23, 2011, in a 5 to 4 decision, the U.S. Supreme Court in Pliva, Inc. v. Mensing, ---S.Ct. ----, handed a significant victory to generic drug manufacturers by ruling that federal law preempts state-law tort claims alleging inadequate warning labels on generic drugs. The decision narrows the reach of a 2009 opinion in Wyeth v. Levine, 555 U.S. 555, 129 S.Ct. 1187, 173 L.Ed.2d 51, that had permitted state tort actions for alleged inadequate warnings to survive as to brand-name drug manufacturers.
Events
9/29/2010, The Nuts and Bolts of Product Liability Litigation
MPP partners Marilyn Muir Jager and Matthew Marshall presented this topic to the IEEE San Fernando Valley Section Professional Activities Committees for Engineers (PACE) from 6:30 - 8:30 P.M. on September 29, 2010.
Description: This presentation will discuss the basics of what you need to know regarding product liability lawsuits brought against your companies. It will discuss common product identification and tracing issues, documentation and verification issues, and potential pitfalls in discovery and depositions.
5/12/2010, Food, Drug & Healthcare MCLE Event
Hosted by:
Association of Corporate Counsel America, Southern California Chapter (ACCA-SoCal)
Morris Polich & Purdy LLP
Never before have Food, Drug and Healthcare companies felt the pressure of issues arising simultaneously on the state, national and international level. At this uniquely trying time, day-to-day legal and business activities are the focus of inquiries by Congress, FDA and FTC, as well as the public and Plaintiffs bar.
Three MCLE Panels:
· "Foreign Component Part Suppliers - What Can We Do To Avoid Holding the Bag"
- Marilyn Muir Jager, Partner, Morris Polich & Purdy LLP
· "We Said That? Navigating the Risks of a Robust Advertising, eMarketing & Promotions Program for Medical Products"
- Matthew L. Marshall, Partner, Morris Polich & Purdy LLP
- Yvette Lloyd, JD, Staff Regulatory, Beckman Coulter
- George Ng, Sr. Corporate Counsel, Spectrum Pharmaceuticals
- Dr. Jimmie Overton, Director, Medical Scientific Operations (Medical Affairs), Allergan
· "Cross the Pond Without Drowning - How to Staff & Conduct Global Clinical Trials"
- Donald L. Ridge, Managing Partner, Morris Polich & Purdy LLP
- Shane Sayers, Partner, Kennedy's - London Office
- Damon Burrows, VP, Assistant General Counsel - Regulatory, Allergan
- William N. Pedranti, VP, General Counsel, Spectrum Pharmaceuticals
Networking Reception:
Take advantage of this opportunity to interact and exchange ideas with in-house colleagues practicing in this exciting area, as well as presenters from both the United States and United Kingdom.