The pharmaceutical and medical device industries face many complex challenges. Recently there were several U.S. Supreme Court decisions definitively holding that state common law product liability claims, whether sounding in strict liability or negligence, are preempted by U.S. Food and Drug Administration (FDA) approval of those products. However, the manufacturers of drugs and medical devices continue to face a trend shifting away from FDA preemption. The resulting inability of consumers to pursue recourse against the manufacturers has prompted Congress to introduce or reintroduce legislation that would nullify the Supreme Court decisions.
Wilson Elser understands the shifting landscape for this industry and has significant experience and capabilities in the area of pharmaceutical and medical device product liability. Since the early 1970s, our firm has acted in various capacities including national counsel, defense counsel and trial counsel defending domestic and foreign medical device and pharmaceutical product manufacturers in connection with claims and litigation nationwide, including class action lawsuits. We have been retained by both device and pharmaceutical companies and their insurers to defend cases involving numerous name-brand and generic pharmaceutical products, including human ethical (prescription) and over-the-counter (non-prescription) products, and animal health products.
Our team of product liability attorneys focusing on pharmaceutical and medical device litigation has dealt with several high profile cross-jurisdictional cases involving claims with multiple millions of dollars at stake. We have served as national coordinating counsel for major players in the industry and have been involved in some of the groundbreaking cases in the courts today. Our attorneys possess a unique combination of medical knowledge and skillful trial technique. Several of our attorneys come from medical backgrounds and their ranks include former nurse-practitioner and oncology head nurse.
We keep abreast of the latest regulations and case law affecting the pharmaceutical and medical device industries. Our attorneys speak regularly to industry organizations and contribute their insight to relevant publications. One of our attorneys served on the editorial advisory board of MX Magazine, a publication directed toward the medical device industry.
Our firm has a presence throughout the United States, with 20 strategically located offices. By utilizing our firm's resources, we are able to provide uniform defense strategy and case handling throughout the country. This capability is important for manufacturing companies that are faced with litigation nationwide involving the same or similar products. It also provides for a cost-effective approach to providing quality legal services on a national basis.