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In recent years blockbuster pharmaceutical litigation has become common and predictable: Within days after a post-launch study suggests the association of a disease or injury with a popular drug, a trickle of personal injury lawsuits quickly grows to a torrent levels as the web and late-night television troll for plaintiffs. Once sufficient momentum is established, a magazine-format broadcast, like 60 Minutes or 20-20, will report on the controversy, often citing confidential documents that plaintiffs have obtained through discovery. A congressional inquiry frequently follows, featuring the same documents that were cited in the media. In addition to products liability claims, manufacturers should expect to face class claims for economic damages and medical monitoring, and attorney general actions – often prosecuted by the same plaintiffs’ lawyers who seek appointments as special deputies – stating similar claims on behalf of one or more states. More and more frequently, criminal investigations follow.
Howrey’s pharmaceutical lawyers have a proven record of successfully guiding pharmaceutical and medical device manufacturers through the complex maze of competing demands on multiple fronts:
- Crisis management – “No comment” is rarely a viable public response; we help craft and deliver meaningful, substantive communications that avoid harmful legal admissions.
- Centralize the litigation – It is essential to limit the number of active litigation fronts as soon as possible; Howrey has the geographic reach and experience to promptly remove cases to federal court, persuade the multi-district litigation panel that an MDL proceeding is needed, and convince state courts that coordination proceedings will be the best use of judicial resources.
- Defeat class certification – Plaintiffs’ lawyers know the tactical advantages of obtaining class certification; Howrey will develop a trial record that can successfully oppose certification, at the appellate level, if necessary.
- Manage defense costs – Blockbuster pharmaceutical litigation is tremendously expensive; Howrey has the resources to ensure that defense dollars are wisely spent.
- E-discovery – Howrey will collect, review, process, and produce your electronic documents efficiently, using state-of-the-art, court approved software, highly experienced, certified personnel, and best practices.
- Experts – Howrey’s lawyers and non-lawyer professional staff are well-versed in the life sciences, economics, marketing, and other relevant disciplines through our world-class IP and antitrust practices; we are able to quickly assess plaintiffs’ theories, identify appropriate testifying experts, and efficiently develop and manage the expert case. More than 160 Howrey attorneys have substantive engineering, science, and technology backgrounds.
- Prepare the case for trial from inception – We provide disciplined, early case evaluation that recognizes your business objective and develops a strategic, focused approach to resolution/litigation to achieve is our hallmark. We prepare your case to be tried, to avoid costly re-work and put you in the strongest position to negotiate a settlement, or to win at trial.
Environmental, Product & Tort practice areas of focus:
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