Defense Digest

On the Pulse ... Profile of Our Medical Device & Pharmaceutical Litigation Practice Group

A Marriage Made in Heaven

Our firm’s products liability litigators have been defending claims involving medical devices and pharmaceuticals for over 39 years. However, it was not until the last six years or so that the firm has applied to the defense of these claims the advantage of the medical experience (both litigation and, in some cases, prior employment) of its lawyers who defend medical malpractice claims. The marriage of the talents of attorneys skilled in products liability law with those with medical and health care systems expertise has spawned the firm’s Medical Device & Pharmaceutical Litigation Practice Group, rendering a powerful two-punch combination in what is often a "bet your company" type of litigation. Indeed, the Ephedra MDL litigation includes two major manufacturer bankruptcies driven solely by litigation costs.

Who’s Who

The practice group is lead by Steve Ryan and Eric Weiss. Steve is an experienced medical malpractice litigator who organized the group a little over six years ago and has handled an increasing number of cases in this practice area. He is a Past Chairman of the Medico-Legal Committee of the Philadelphia Bar Association. Eric is a highly-accomplished product liability litigator and Chairman of the Product Liability Section of the Federation of Defense and Corporate Counsel. He has also defended medical malpractice cases in the past. In each of the firm's offices, there is a core of attorneys who are called upon to assist in the defense of these claims and to provide "local know-how." Expertise in the substantive law of products liability coupled with medical and scientific knowledge is the cornerstone of our success.

You Need Us More Today Than Yesterday, But Not As Much As Tomorrow

As seventy-eight million Baby Boomers advance steadily towards their senior years, drugs and devices to prevent and treat chronic illnesses are proliferating. Reproductive technology, gene therapy, and enhanced longevity present both great promise, as well as new and complex legal and ethical issues. As all this technology flourishes to enhance the quality of life, the role of defense counsel in assisting and defending researchers, designers, manufacturers, and vendors of drugs and medical devices must necessarily increase in order to permit these entities to continue to provide these cutting-edge products and services.

Millions For Defense?

The practice group is well positioned to defend its drug and medical device clients by providing an optimal blend of strong advocacy and cost containment. Our paramount goal is to provide the very best litigation results within the boundaries of economic reality. We have credibility with insureds who are very selective about who represents them, and yet we are capable of working within the litigation management guidelines and budgeting requirements of major insurers. For example, although we have engaged graphic and demonstrative evidence experts costing almost $100,000 in just one case, we have been able to utilize much of that same material in approximately 20 other cases for the same client, rendering the whole project highly cost-effective. In other cases, careful analysis of choice of law and venue issues has resulted in significant savings to the client.

For Who? For What?

The practice group represents self-insured and insured manufacturers and sellers of prescription and over-the-counter pharmaceuticals, as well as medical device manufacturers and vendors of such devices as implants, prosthetics, and hospital equipment, from hospital beds to highly sophisticated diagnostic and critical care devices.

The members of this group have extensive experience in handling national multi-district litigation (MDL) matters and have served as local, national, and coordinating counsel in litigation involving such pharmaceuticals as DES and Fen-Phen, Rezulin, PPA, herbal ephedra dietary supplements, and hormone therapy (HT), plus medical devices such as pedicle screws, blood filters, cardiac stents, breast implants, radiation implant devices, and latex gloves. We are currently serving as National MDL counsel for a manufacturer of an ephedra dietary supplement and as Philadelphia Mass Tort counsel for a distributor of a hormone therapy drug. We have also gained expertise in litigation involving human experimentation, Institutional Review Boards, Clinical Trials, and FDA regulatory activities.

You Gotta Have Heart

We go the extra mile to secure a proper defense - literally. We have criss-crossed the country, consulting with (or cross-examining) some of the top pharmaceutical and medical experts in the nation. Steve Ryan has actually taken custody of a decedent’s heart and taken it with him to the top experts in cardiac pathology in the country. He traveled with it to Johns Hopkins, UCSD, Baylor, University of Miami, and Harvard, and sat at the double-headed microscope and stood gowned and gloved at autopsy sinks, side by side with the experts. Thus, in that case, and in another one, both involving the sudden death of apparently healthy young adults, these experts found rare, concealed cardiac conduction defects that provided an alternative explanation for the deaths. In one case, the abnormality had not been detected by the famed Armed Forces Institute of Pathology, but by taking additional sections from the heart, the indisputable pathology was found, leading to dismissal of the case without any payment.

Technology Is Our Friend

With crack IT and Imaging departments, and attorneys versed in these areas, our group is technologically prepared to handle the litigation demands of mass torts, complex litigation, and electronic discovery, including utilizing web-based file sharing and digital file management.

We’ve Got You Covered

Our regional presence, with offices throughout Pennsylvania, New Jersey, Delaware, Florida, and Ohio, permits us to handle these matters efficiently in a multitude of jurisdictions.

We welcome the opportunity to demonstrate our capabilities in more detail. Inquiries concerning drug or medical device representation may be directed to: