Bradley Arant Boult Cummings regularly represents a host of diverse clients from the pharmaceutical and medical device sector. Our clients include multinational and domestic pharmaceutical companies, specialty companies, biotechnology companies, and medical device companies.
The trial attorneys in our pharmaceutical litigation practice focus their practices on defending drug and medical device manufacturers in individual, mass tort, class action and other complex litigation matters in state and federal courts, from inception through appeal.
Our lawyers are experienced at dealing with the unique legal issues faced by companies in the industry, and we have played a key role in developing and shaping this area of law in the State of Alabama. For example, one of the cases we handled resulted in a decision by the Alabama Supreme Court that a medical device manufacturer cannot be held liable for fraud under Alabama law unless there is an injury-producing malfunction of the device, even if there is a substantial risk that the implanted medical device may one day fail.
Bradley Arant Boult Cummings regularly represents a host of diverse clients from the pharmaceutical and medical device sector. Our clients include multinational and domestic pharmaceutical companies, specialty companies, biotechnology companies, and medical device companies.
The trial attorneys in our pharmaceutical litigation practice focus their practices on defending drug and medical device manufacturers in individual, mass tort, class action and other complex litigation matters in state and federal courts, from inception through appeal.
Our lawyers are experienced at dealing with the unique legal issues faced by companies in the industry, and we have played a key role in developing and shaping this area of law in the State of Alabama. For example, one of the cases we handled resulted in a decision by the Alabama Supreme Court that a medical device manufacturer cannot be held liable for fraud under Alabama law unless there is an injury-producing malfunction of the device, even if there is a substantial risk that the implanted medical device may one day fail.
National, Regional and Statewide Counsel
Our firm has extensive experience coordinating pharmaceutical and medical device litigation. Calling upon the resources of the largest litigation practice in the state, we have depth and breadth in all phases of complex litigation, including multiparty and multijurisdictional cases, class actions and MDL proceedings. We have served as national, regional or statewide counsel for a number of clients, including Bayer, Guidant, Merck, Pfizer, 3M/McGhan, Medtronic, and others. For some of these clients, such as Pfizer, we were selected from among more than 200 firms as one of a handful of firms officially designated as “partners” with the client in their pharmaceutical litigation matters.
Examples of the most recent matters that we have handled in the area of pharmaceutical drug and medical device product liability include the following:
- National counsel for Bayer Corporation in the Thimerosal litigation.
- Statewide counsel for Bayer Corporation and Bayer A.G. in the Baycol litigation.
- Special discovery counsel with national and international responsibility for Bayer Corporation and Bayer A.G. in the Baycol litigation.
- Statewide counsel for Bayer in the PPA litigation.
- Statewide counsel for Merck in the Vioxx litigation.
- Statewide counsel for Pfizer in the Rezulin litigation.
These and other similar cases have given Bradley Arant Boult Cummings substantial experience in dealing with issues such as FDA preemption, complex general and specific causation issues that arise in such litigation, and Daubert challenges to experts.
Trial and Litigation Support
The lawyers in our pharmaceutical litigation practice assist clients in all phases of litigation, including:
- Depositions and preparation of expert witnesses.
- Preparing sophisticated motions for summary judgment and/or exclusion of expert testimony or other evidence at trial.
- Preparing and representing company scientists and executives at deposition and at trial.
- Developing complicated epidemiological and medical testimony.
- Developing demonstrative visual aids to illustrate complex scientific information to juries and judges.