Drug and Medical Device Litigation

Pharmaceutical and medical device manufacturers face an increasingly hostile and uncertain legal environment. As a result of increased mass tort litigation and stringent government regulation, particularly at the state level, the industry is under seemingly constant pressure from liability cases and unfavorable media exposure. Frost Brown Todd represents pharmaceutical and medical device clients reacting and responding to this environment. We have served as national coordinating counsel for defendants as well as local or regional counsel in a variety of drug and medical device serial litigation matters. Our lawyers possess a broad range of skills and experience in handling claims from drug ingestion to use or misuse of implanted and external medical devices. These claims can involve drug interaction, off-label use of drugs and devices, medical monitoring, fear of cancer and fraud on the FDA.

Our Experience

Frost Brown Todd has 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 including:

  • 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

Our top priority is to protect the integrity of our clients’ products and reputations. 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.

Using Resources to Our Clients’ Advantage

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.