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Drug & Medical Device Litigation

We help pharmaceutical and medical device companies develop proactive and defensive positions for contending with an increasingly hostile legal environment brought on by increased regulation (particularly at the state level), unfavorable media exposure, and an uptick in liability cases. We have the resources, skills and experience necessary to prevail against drug-related claims, ranging from drug interactions, to the use or misuse of implanted/external medical devices, to off-label drug use, fraud, and FDA enforcement actions.

Key Contacts

  • Lori E. Hammond Profile Image
    Lori E. Hammond

    Member

    Louisville, KY

  • Susan J. Pope Profile Image
    Susan J. Pope

    Member

    Lexington, KY

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Our Experience

Our attorneys have defended clients in connection with a variety of pharmaceutical and medical device products, including tetracycline (Lederle Laboratories, a division of American Cyanamide), Isavue (Squibb), Propulsid and Risperdal (Janssen Pharmaceutica), Floxin (McNeilab), heart catheters (Cordis Corp.), and mechanical and Silzone heart valves (St. Jude Medical).

Some of the cases we have managed over the years involve many of the most well-known products in the industry. The following examples are representative:

  • Vioxx litigation
  • PPA litigation
  • Himerosol vaccine litigation
  • Hormone replacement therapy litigation
  • Rezulin litigation
  • Diet drug litigation
  • OxyContin litigation
  • Orthopedic bone screw litigation
  • Breast implant litigation
  • Tylenol toxicity litigation
  • Omniflox litigation
  • DES litigation
  • Shiley mechanical heart valve litigation
  • Halcion litigation

Our Approach

Recognizing that our clients have business concerns that must be carefully factored into a successful legal strategy, we seek to learn all we can about their business and industry so that we can proactively identify all issues relevant to building a sound defense. At the earliest stages of our relationship with a client, we discuss litigation-minimization and cost-saving strategies such as alternative dispute resolution, early case analysis along with post-matter assessments to review successes, outcomes and lessons learned.

Our Resources

In many cases, our goal is to reverse the natural tendency of juries to put the real burden of proof on the defendant. We pride ourselves on bringing just the right expert to bear on a case’s key issues. We avoid the jack-of-all-trades professional witness. Instead, we maintain an extensive network of academics, clinicians and consultants, who can be matched to the specifics and geography of almost any case. We are consistently able to present to the jury an expert who can testify to his or her own experience and research in the relevant field.

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