Pharmaceutical and Medical Devices

WSHB's Pharmaceutical and Medical Device Litigation Practice Group combines years of product-liability and personal-injury experience with an in-depth understanding of the unique regulatory and statutory realm affecting prescription drugs and medical devices.

WSHB handles cases involving:

• Prescription and over-the-counter medications
• Herbal supplements
• Alleged screw, femoral rod, and plate failures
• Product-liability claims
• Product mislabeling matters
• Pharmacists and other healthcare professionals facing professional negligence claims

Also, since plaintiffs’ legal teams are continually searching for the next mass tort, our litigation plans include aggressively attacking weak cases before they encourage other filings, investigating alternative causes for claimed injuries, and asserting every available legal defense.

• Defended a major pharmaceutical company when a teenager who was prescribed medication for a skin condition died of an intestinal rupture. After we presented the facts, the parents were convinced that no connection existed between our client’s medication and their son’s death and dropped the lawsuit.
• Defended the country’s largest distributor of medical imaging products in multidistrict litigation involving gadolinium-based contrast dye products.  We obtained dismissals on behalf of the distributor in over 200 lawsuits consolidated in the United States District Court for the Northern District of Ohio without payment of any monetary consideration.
• Represented the target defendant in one of the nation’s largest mass torts, defending a best-selling herbal supplement manufacturer facing hundreds of claims for personal injury arising from the use of the supplement. Despite adverse publicity and significant resources committed by plaintiffs’ attorneys, we successfully moved for summary judgment in many cases, and in others, extricated our client for nominal sums.
• Our client, a retailer, was sued for wrongful death arising, allegedly, from a teenager’s use of a homeopathic supplement intended to promote muscle growth. Through aggressive discovery and judicious use of expert witnesses, we disposed of the case through summary judgment.
• We prevailed at trial in a complex case involving allegations of professional negligence against a pharmacist. A jury found the defendants were negligent, but entered a defense verdict, finding there was no connection between the improper filling of a prescription and the plaintiff’s injuries.

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