Medical Device and Pharmaceutical Litigation

Hunton Andrews Kurth’s product liability and mass tort litigation team, which is ranked as a top national practice in The Legal 500 (2018), has extensive experience with multidistrict and complex litigation involving medical devices, pharmaceuticals and other products, including regional defense counsel responsibility in litigation involving orthopedic bone screws, latex gloves and diet drugs, and defense of other cases involving amiodarone, metoclopramide, phentermine and various orthopedic implants. We have represented product manufacturers, distributors and retailers in litigation across the country consistent with our firm’s national footprint. Our medical device product liability experience is complemented by a health care and life sciences practice that represents medical device companies in patent infringement, trademark and false advertising litigation and advises medical device companies on regulatory issues in the US and the EU.

Our product liability and mass tort litigation practice provides a broad array of clients with the advice and counsel needed to develop a business strategy to avoid litigation where appropriate, and the talent and experience required to engage and resolve litigation where necessary. Our lawyers provide critical risk assessments and advise manufacturers and retail clients on other product safety and liability issues, including regulatory compliance, product recalls, product failure events, labeling, warnings and warranties.

Our representative experience includes:

• Represented an international manufacturer of biopharmaceuticals in product liability and clinical trial related claims.
• Represented clients in litigation involving orthopedic bone screws, latex gloves and diet drugs, and cases involving other products, such as amiodarone, metoclopramide, phentermine, and orthopedic implants.
• Represented a medical device manufacturer in decertifying nationwide class and obtaining dismissal of product liability, unfair competition and Consumer Legal Remedies Act claims.
• Represented pharmaceutical and medical device companies in negligence and strict liability claims related to heart valves, ED medication, antidepressants, diabetes medication, blood products and dialysis equipment.
• Advise European Union medical device companies on the full range of regulatory and liability issues associated with these products, including CE-marking, conformity assessment and certification, labeling, instructions for use, chemical restrictions and regulations, product stewardship and supply chain management, environmental compliance, product withdrawals and recalls, clinical trial agreements, sponsor agreements, distribution agreements, agreements with health care professionals, and related compliance, policy and liability issues.