Pharmaceutical Products Litigation

Representative Cases

  • Successfully represented Wyeth since 1998 in defense of over 1,000 "phen-fen" diet drug lawsuits. Obtained more than 250 dismissals or settlements prior to national settlement of the cases. 
  • Successfully handled a significant number of "phen-fen" cases during the intermediate- and back-end opt-outs phase, serving as local counsel for North Carolina cases, while assisting local counsel in other states that include Georgia, Minnesota, Mississippi, New Jersey, New York and Pennsylvania. Representation has included document production, discovery depositions, expert witness retention and preparation, and trial preparation. 
  • Successfully represented Novartis Consumer Health, Perrigo and Winn-Dixie in defense of various PPA (cold remedy) lawsuits. 
  • Successfully represented Genentech in defense of personal injuries allegedly as result of participation in a clinical trial for psoriasis drug. Case was brought by national plaintiffs' counsel firm, challenged the safety, scope and ethics of the trial, and sought to establish a fiduciary duty between the sponsor and the participants. We obtained dismissal of fiduciary duty claims (reported nationally as leading case on the issue). 
  • Successfully represented GlaxoSmithKline in over sixty personal injury cases involving Thimerosol (vaccine) including putative national class action, Baycol (cholesterol), Paxil (anti-depressant), Imitrex (migraine), and PPA (cold remedies). 
  • Successfully represented major pharmaceutical company in FDA regulatory and state and federal criminal investigations of clinical trials and assisted with media appearances by company executives on national TV (CBS' "48 Hours"). 
  • Successfully represented Novartis Pharmaceuticals in several lawsuits in state and federal court arising from nationally-publicized clinical trials investigations and prosecutions in Augusta, Georgia. Individual cases included claims for over $100 million each and class action cases included claims for $1.5 billion against sponsor, CRO, institution and principal investigators. Lawsuits included claims for civil RICO, fraud, conspiracy, battery, unjust enrichment and wholesale challenges to human experimentation in clinical trials, and studies involved included investigational drugs for the treatment of alzheimers and schizophrenia. 
  • Member of national trial team in Baycol litigation.
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