Representative Cases
Goldman Ismail represents some of the world’s preeminent Fortune Global 500 corporations.
Below are several highlights of recent or ongoing matters:
In Re Magnevist® Product Liability Litigation
Goldman Ismail currently is serving as national counsel and lead trial counsel representing Bayer HealthCare Pharmaceuticals Inc. in product liability litigation involving its product, Magnevist®, a contrast dye used in magnetic resonance imaging. Goldman Ismail is lead counsel for Bayer in the MDL, pending in the Northern District of Ohio, and in state court venues nationwide. Bayer also selected Goldman Ismail to serve as trial counsel in Gerber v. Bayer HealthCare Pharmaceuticals Inc. This was to be the first gadolinium product liability trial in the country. Shortly before trial, however, the matter settled favorably for our client. In both cases, Goldman Ismail directed the theory of the case and strategy, expert witness development, depositions, and resolution efforts.
Vioxx® Attorney General Litigation
Merck Sharp & Dohme Corp. has hired Goldman Ismail to represent the company against claims brought by various state Attorneys General over Merck's COX-2 inhibitor drug, Vioxx®. Goldman Ismail's attorneys serve as co-national counsel, trial counsel, and expert witness counsel in these matters. In the first of these cases to go to trial, State of Louisiana v. Merck Sharp & Dohme Corp., Goldman Ismail was lead trial counsel. The matter was tried in the Eastern District of Louisiana in April 2010 and, after a two-week bench trial, resulted in a complete defense verdict for Merck.
Servcor International, Inc. v. Bayer MaterialScience LLC et al.
Goldman Ismail have been retained to defend Bayer MaterialScience LLC and to serve as trial counsel in a multi-party commercial dispute pending in state court in Florida. Plaintiff seeks damages in excess of $100,000,000 following dissolution of the parties' business relationship in the commercial roofing market. Among other tort and contract claims, the Complaint alleges breach of contract, breach of fiduciary duty, negligence, fraud, and conspiracy claims.
Expert Team for Vioxx® Matters
Goldman Ismail continues to serve the role of co-lead counsel for the expert team in Vioxx® matters that are continuing. Goldman Ismail regularly identifies and develops experts in various disciplines who testify during trials in these matters.
In Re Medtronic, Inc. Sprint Fidelis® Leads Product Liability Litigation
Goldman Ismail currently is serving as co-national counsel representing Medtronic, Inc. in product liability litigation involving its product, Sprint Fidelis® defibrillation leads. These are transvenous defibrillation leads used in implantable cardioverter defribrillator and in cardiac resynchronization therapy. Goldman Ismail is involved in directing the theory of the case and strategy, expert witness development, and discovery matters.