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Medical Devices and Pharmaceutical Products

Product liability lawsuits against pharmaceutical and medical device companies have proliferated over the past two decades and, during that time, Helmsing Leach has become a preeminent defense firm in this field. Beginning in the 1990s, we have defended hundreds of lawsuits involving brand name and generic pharmaceutical products, as well as a wide variety of medical devices, in state and federal courts across Alabama, the southeast and the nation. Our litigators have handled many stand-alone medical product lawsuits but have also worked on some of the highest-profile national mass tort litigations involving drugs and medical devices.

We are well-versed in the federal and state laws governing this practice area, and are familiar with relevant Federal Drug Administration regulations and practices. We have successfully defended clients against products claims brought under a broad spectrum of theories, including failure to warn, design defect and manufacturing defect claims. Practicing in this field for over 20 years has allowed us always to keep abreast of the ever-evolving theories of liability advanced by plaintiff counsel, as well as the development of defenses to combat those theories.

Our veteran litigators have also acquired considerable subject matter expertise in many relevant areas of medicine and science, and have served in litigation science groups within larger multi-law firm defense teams in multi-district litigations, with responsibility for identifying, retaining and preparing defense experts in a multitude of medical, scientific and technical specialties, as well as challenging plaintiff expert witnesses under the Daubert and Frye standards.

In short, Helmsing Leach’s litigators possess all of the experience and knowledge needed to defend medical product claims, and as in all our other practice areas, to do so with maximum efficiency and flexibility.

  • Drake v. Ortho-McNeil-Janssen Pharms., 2018 U.S. Dist. LEXIS 47164 (N.D. Ala. Mar. 22, 2018) (secured summary judgment for Janssen Pharmaceuticals, Inc. in a case involving Janssen’s anti-psychotic medication, Risperdal)
  • Barnhill v.Teva Pharmaceuticals USA, Inc., 2011 WL 1837816 (S.D. Ala. May 10, 2011)
  • Patterson v. DePuy Orthopaedics, Inc., 2011 WL 3047794 (N.D. Ohio 2011)
  • Ex parte Novartis Pharmaceuticals Corp., 991 So2d. 1263 (Ala. 2008)
  • Wyatt v. Matrixx Initiatives, Inc., 2007 WL 7238402 (N.D. Ala. 2007)
  • Benkwith v. Matrixx Initiatives, Inc., 467 F. Supp. 2d 1316 (M.D. Ala. 2006)
  • Sutherland v. Matrixx Initiatives, Inc., 2006 WL 5185611 (N.D. Ala. 2006)
  • Central Alabama Comprehensive Health Care, Inc. v. Aventis Pharmaceuticals, Inc., 427 F. Supp. 2d 1129 (M.D. Ala. 2006)
  • Hester v. Bayer Corporation, 206 F.R.D. 683 (M.D. Ala. 2001)
  • Brock v. Baxter Healthcare Corp., 96 F. Supp. 2d 1352 (S.D. Ala. 2000)
  • Conducted numerous depositions of plaintiffs and prescribing and treating physicians throughout the southeastern United States in multidistrict litigation involving over 25,000 claims against manufacturers of leading anticoagulant medication.
  • Co-national counsel for drug manufacturer in hormone therapy multidistrict litigation
  • Trial team for pharmaceutical company in litigation relating to birth control product
  • Science team member for artificial hip device manufacturer in multidistrict litigation involving many thousands of individual suits and parallel state court cases
  • Regional and state counsel for several different international pharmaceutical companies in multi-district and mass tort litigations over past two decades.
  • Won dismissal of products liability lawsuit on behalf of defendant contraceptive manufacturer and pharmacy company.  On eve of court hearing on defendants’ motions for summary judgment for both defendants, plaintiff voluntarily dismissed lawsuit rather than respond to motions.
  • Won dismissal of product liability action against contact lens manufacturer in federal district court.
  • Allergy medications
  • Antibiotics
  • Anticoagulants
  • Antidepressants
  • Antipsychotics
  • Asthma drugs.
  • Autoimmune disease drugs
  • Blood pressure medications
  • Chronic obstructive pulmonary disease (COPD) drugs.
  • Cold medications
  • Contraceptives
  • Diabetes medications
  • Diet drugs
  • Gastroesophageal reflux disease (GERD) drugs
  • Hormone therapy medications
  • Hip prostheses
  • Knee prostheses
  • Over-the-counter medications
  • Prescription pain medications
  • Statins