Products Liability
We have a notable depth of experience defending corporations, particularly pharmaceutical and medical device companies, in major product liability lawsuits. We have been involved in some of the most significant drug and device litigation over the past decade, and have achieved major trial victories for clients such as Merck, Bayer, and Alpha Therapeutic Corporation.
In both mass tort and stand-alone cases, Goldman Ismail lawyers are called upon to serve our clients in a variety of ways, including:
- National Trial Counsel: In this leadership role, we develop overall case strategy, key themes and scientific theories for trial, and serve as trial counsel in jurisdictions around the country.
- Trial Counsel: Collaborating with other national counsel, our trial lawyers are called upon to handle specific trials in different venues. We apply the full measure of our subject matter knowledge, experience, and judgment to every aspect of the case, from pre-trial discovery, motion practice, and Daubert challenges through the final verdict and beyond.
- Developing the Science Theory of the Case: Every successful theory of the case requires a deep understanding of how to develop scientific evidence and present it persuasively, simply and clearly to a judge or a jury. Our lawyers have helped develop winning scientific evidence in complicated medical cases involving a variety of products. This expertise allows us to identify and develop the right science and medical experts through deposition and trial testimony, and identify weaknesses in plaintiff expert testimony for use in Daubert challenges and cross examination at trial.
- Designing Global Resolution Programs: Resolution of mass tort litigation requires an “end game” strategy that goes beyond the initial trial victories. We have a national reputation for developing and implementing cost-saving settlement programs that achieve the client’s overall business objectives by providing finality and closure to the litigation.
NOTEWORTHY
Goldman Ismail is Ranked as a Top Firm for Products Liability Litigation by The Legal 500 2011
Goldman Ismail Receives High Rankings Nationwide and in Illinois from Chambers USA 2011
Representative Matters
In re Hormone Therapy Litigation
Pfizer has retained Goldman Ismail to serve as trial counsel in product liability litigation involving hormone therapy products Premarin and Prempro. Tarek Ismail is scheduled to co-try a hormone therapy case in the Philadelphia Court of Common Pleas beginning in November 2011.
Fosamax® Product Liability Litigation
Goldman Ismail serves as trial counsel and a member of the science and expert team in products liability litigation arising out of Merck’s osteoporosis medication, Fosamax®. In that litigation, plaintiffs contend that they suffered osteonecrosis of the jaw (“ONJ”) or atypical fractures of their femurs as a result of their use of Fosamax®. Goldman Ismail is representing Merck in several cases, including three bellwether trials in the federal MDL in New York and one state court case. Andy Goldman served as co-trial counsel in Secrest v. Merck & Co., one of the bellwether cases in the federal MDL litigation. After a three-week trial, the jury returned a complete defense verdict for Merck.
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. Goldman Ismail has developed the theory of the case, assisted in expert witness development, and directed the overall strategic direction of Bayer’s defense. Bayer also selected Goldman Ismail to serve as trial counsel in Gerber v. Bayer HealthCare Pharmaceuticals Inc., which was scheduled to be the first gadolinium product liability trial in the country. However, shortly before trial the matter settled favorably for our client.
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.
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 defibrillators and in cardiac resynchronization therapy. Goldman Ismail is involved in directing the theory of the case and strategy, expert witness development, and discovery matters.