partner at Seeger Weiss LLP, Mr. Buchanan represents individual and corporate
plaintiffs in state and federal courts throughout the country. His practice
focuses on litigating and trying complex commercial and product liability
docket involves a wide variety of cases, including pharmaceutical injury,
product liability claims, trade secrets, commercial disputes, pension
challenges, securities and investment fraud, and consumer claims. Though the
scope of his cases is broad, they are usually large, national, high-stakes
cases, generally destined for trial. By their nature, they are often centered
in federal multi-district proceedings or analogous state coordinated
proceedings, where Mr. Buchanan is often selected by his co-counsel or
appointed by the courts to lead them as liaison counsel, lead counsel, or a
member of plaintiffs' executive/steering committee.
Buchanan's scientific background is a ready asset featured in the technical and
pharmaceutical cases in which he often focuses. He is likewise known for his
extensive experience in the discovery and preservation of electronic
information, and has served as a consultant in this capacity for many other law
firms. He is frequently invited to speak to an array of audiences and
conferences-directed to practicing plaintiffs' and defense attorneys, judges,
students, and professional organizations-on issues concerning trial practice,
discovery, and complex and products liability litigation.
* In re Testosterone Replacement Therapy
Prods. Liab. Litig., MDL No. 2545 (N.D. Ill.). Trial counsel in first three
bellwether trials in this multi-district litigation concerning cardiovascular
injuries suffered by men following their use of prescription testosterone
products. Highlights: Lead Trial Counsel in Konrad
v. AbbVie Inc., No. 1:15-cv-00966 (N.D. Ill.), which resulted in a $140+
million verdict for a 49-year old Tennessee man who used AndroGel for two
months and suffered a heart attack. Trial counsel for 49 year-old Oregon man
who suffered a heart attack following use of AndroGel (Mitchell et al. v. AbbVie Inc. et al., No. 1:14-cv-09178 (N.D.
Ill.)) - $150+ million verdict for Mr. Mitchell in the first trial; $3.2
million verdict for plaintiff on re-trial.
* In re National Football League Players'
Concussion Injury Litig., MDL No. 2323 (E.D. Pa.). Appointed to the
Plaintiffs' Executive Committee by the Hon. Anita Brody. Co-lead negotiations
on behalf of plaintiffs in this highly visible and contentious multidistrict
litigation on behalf of retired players against the National Football League.
Helped negotiate settlement resulting in substantial monetary awards for
injured players (up to $5 million per player for the most severe injuries) and
a medical testing program. The settlement, valued at more than $1 billion, was
overwhelmingly supported by the class, and thereafter approved by Judge Brody
and affirmed by the U.S. Court of Appeals for the Third Circuit; the United
States Supreme Court declined further review.
* In re Vioxx Prods. Liab. Litig., MDL No.
1657 (E.D. La.); In re Vioxx Prods. Liab.
Litig., No. 619 (N.J. Super. Ct. Atlantic Cty). Served as Court-appointed
Liaison Counsel (New Jersey proceedings), co-chair of discovery (MDL
proceedings), and trial counsel in several bellwether trials against Merck
& Co. concerning heart attacks caused by its arthritis drug, Vioxx. Through
his role in both the New Jersey and MDL proceedings, Mr. Buchanan helped
develop and lead the overall litigation strategy for the approximately 27,000
separate cases pending against Merck & Co., and, together with partner
Christopher Seeger, successfully co-tried the bellwether case, Humeston v. Merck & Co., Inc., case
no. ATL-L-2272-03, N.J. Super. Ct. Atlantic County, which resulted in a $47.5
million verdict for the Humestons for his Vioxx-related heart attack. Months
later, Mr. Buchanan joined with the negotiating committee to help secure the
$4.85 billion settlement from Merck for the many people injured by the drug.
* In re Pfizer Inc. Securities Litig., No.
04-cv-9866 (S.D.N.Y.). Served as class and science counsel in this federal
securities fraud action against Pfizer on behalf of investors relating to
misrepresentations and omissions concerning Pfizer's drugs, Bextra and
Celebrex. Mr. Buchanan played a leading role in developing the expert slate to
overcome Pfizer's early science challenge, led with partner Christopher Seeger
plaintiff's presentation and examinations during the seven day Daubert hearing,
and was later asked to serve as co-trial counsel in the trial of the case.
Following pre-trial motion practice and ensuing appeals, the case settled,
resulting in a $486 million cash settlement fund for the class of aggrieved
* In re Accutane Litigation, No. 271 (N.J.
Super. Ct. Atlantic Cty). Since 2005, Mr. Buchanan has served as Liaison
Counsel and trial counsel for plaintiffs suffering from ulcerative colitis and
Crohn's disease as a result of their use of Roche's acne medicine, Accutane.
Several bellwether trials in the multi-county coordinated proceedings have
occurred among the several thousand pending cases, thus providing important
harbingers to the parties for the broader litigation, e.g.: McCarrell v. Hoffmann La Roche, Inc.,
No. A-4481-12T1 (N.J.) (trial counsel for Alabama man developing ulcerative
colitis shortly after stopping Accutane; $2.5 million verdict in first trial;
$25.5 million jury verdict in re-trial); Kendall
v. Hoffman La Roche Inc., No. 36 A. 3d 541 (N.J.) (trial counsel for Utah woman
who developed ulcerative colitis after stopping Accutane; $10.4 million verdict
in first trial; $1.4 million verdict in re-trial); Rossitto & Wilkinson v. Hoffmannn La Roche, Inc., Nos.
L-7481-10 and L-1311-08 (N.J.) (lead trial counsel in consolidated trial for
this New Jersey woman (Ms. Rossitto) and Utah man (Mr. Wilkinson) concerning
their development of ulcerative colitis and resulting complications following
the use of Accutane; $18 million verdict for plaintiffs; verdicts vacated on
appeal, with further appellate proceedings pending). These contentious
proceedings have similarly resulted in several landmark decisions from the New
Jersey Supreme Court and the New Jersey Appellate Division-in which Mr.
Buchanan has served as appellate counsel-on legal issues of wide import,
including choice of law, the discovery rule applicable in products liability
claims, the presumptions afforded under the New Jersey Products Liability Act,
and the admissibility of expert scientific testimony.
* Zylon Corp. et al. v. Medtronic, Inc. et al.,
No. 650523/2008 (N.Y. Supreme). Represented inventor, Zylon Corp. and its
principal, in theft of trade secret and unfair competition case against
Medtronic, Inc. in New York Supreme Court, Commercial Part. Plaintiffs'
contention: through a series of agreements designed to provide Medtronic an
opportunity to evaluate Zylon's proprietary technology, Medtronic accessed,
misappropriated, commercialized, and, later, claimed as its own Zylon's
proprietary process for making "zero fold"-or extremely low
profile-angioplasty balloons. Following protracted and contentious proceedings,
Mr. Buchanan served as trial counsel with partner Terrianne Bennedetto and
co-counsel of behalf of the inventor in the multi-week trial. The parties resolved
the litigation on the eve of closing statements.
* In re Depuy ASR Hip Implants Litig., MDL
2197 (N.D. Ohio); In re Depuy ASR Hip
Implants Litig., No. 293 (N.J. Super. Ct. Bergen Cty). Appointed Lead
Counsel by the Hon. Brian R. Martinotti for the coordinated New Jersey
proceedings against Johnson & Johnson and subsidiary Depuy Orthopaedics on
behalf of thousands of victims who received Depuy's defective ASR hip
replacement, which resulted in revision/replacement surgeries, infections, and
further complications. Mr. Buchanan led discovery in the state proceedings (and
further assisted with MDL discovery), and was selected as co-lead and lead
counsel for the first MDL and state bellwether trials, respectively. Plaintiffs
reached a global settlement-now estimated at approximately $3 billion-as Mr.
Buchanan's first New Jersey bellwether trial was set to commence.
* In re Stryker Rejuvenate & ABG II
Modular Hip Implant Litig., No. 296 (N.J. Super. Ct. Bergen Cty). Appointed
to the Plaintiffs' Steering Committee by the Hon. Brian R. Martinotti in claims
against Stryker Corporation and its subsidiary Howmedica Osteonics Corp.
related to its defective Rejuvenate and ABG II hip replacement system. The
plaintiff-patients suffered severe injuries and complications following their
hip replacement surgeries, in many cases, resulting in revision surgeries and
related or ensuing complications. The litigation resolved favorably (and on an
expedited basis) through an innovative bellwether mediation program, from which
a global resolution valued at more than $1 billion followed.
* In re Gadolinium-Based Contrast Agents
Prods. Liab. Litig., MDL 1909 (N.D. Ohio); In re Gadolinium Contrast Agents Litig., No. 279 (N.J. Super. Ct.
Middlesex Cty). Represented numerous injured patients in a mass tort against GE
Healthcare, Bayer Healthcare Pharmaceuticals, Mallinckrodt, and others,
concerning harm caused from exposure to their Gadolinium-based contrast dyes
used in medical imaging. The plaintiff-patients developed a severe, disfiguring,
debilitating-and in many cases, fatal-condition known as Nephrogenic Systemic
Fibrosis, or Nephrogenic Fibrosing Dermopathy (NSF/NFD)-following routine
imaging exams that employed Galolinium-based imaging agents. Mr. Buchanan was
appointed Federal-State Court Liaison by the Hon. Daniel Polster for the MDL
proceedings, and Liaison Counsel, by the Hon. Jamie D. Happas, for the New
Jersey coordinated proceedings. Following extensive discovery, the litigation
resolved by settlement on favorable terms for plaintiffs' injured by
* In re Rezulin Prods. Liability Litig.,
MDL No. 1348 (S.D.N.Y.). Member of discovery team in MDL and coordinated
state-court proceedings against Warner Lambert and Pfizer for liver injury
claims suffered by hundreds of consumers due to the withdrawn diabetes drug,
Rezulin. Served as bellwether trial counsel in Morgado v. Warner Lambert, Pfizer, et al., No. 403243/01 (N.Y.
Supreme), which resulted in $2 million verdict for Mrs. Morgado, and set the
stage for global resolution of the broader claims in the litigation.
Full biography available at https://www.seegerweiss.com/attorneys/partners/david-r-buchanan