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.
In re Mirena IUD Products Liability Litigation
Goldman Ismail represents Bayer HealthCare Pharmaceuticals Inc. in litigation concerning Mirena®, an intrauterine device. The firm is lead national counsel, trial counsel, coordinating counsel, and head of the science and expert team in the litigation. Over 3300 cases are pending in a multi-district litigation (MDL) proceeding based in the Southern District of New York, New Jersey Multi-County Litigation, and many other state courts around the country.
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 ("AFF") as a result of their use of Fosamax®. Goldman Ismail is representing Merck in several cases, including bellwether trials in the federal MDL in New York and state court cases in Florida, New Jersey, Illinois and California. Andy Goldman served as co-trial counsel in Secrest v. Merck & Co., a bellwether ONJ case in the MDL litigation. After a three-week trial, the jury returned a complete defense verdict for Merck. Tarek Ismail was lead trial counsel in the first AFF case to be tried in state court in California. The jury returned a verdict for Merck on all claims after five weeks of testimony.
In re Magnevist Product Liability Litigation
Goldman Ismail served as national counsel and lead trial counsel for Bayer HealthCare Pharmaceuticals Inc. in product liability litigation involving its product, Magnevist®, a contrast dye used in magnetic resonance imaging. Goldman Ismail was lead counsel for Bayer in the MDL, pending in the Northern District of Ohio, and in state court venues nationwide. Goldman Ismail 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 & Co. Inc. has retained 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 served 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 was involved in directing the theory of the case and strategy, expert witness development, and discovery matters.
In re Hormone Therapy Litigation
Goldman Ismail served as trial counsel fro Pfizer in product liability litigation involving hormone therapy products Premarin and Prempro.
- Landmark Daubert Victory for Goldman Ismail—Federal Judge Excludes Plaintiffs’ Experts
- Goldman Ismail Prevails on Summary Judgment in California State Court for Medtronic
- Another Summary Judgment Victory for Goldman Ismail—New Jersey Court Grants Defense Motions In Major Consolidated Litigation
- Goldman Ismail wins Fosamax Bellwether trial in California for Merck
- Goldman Ismail Successfully Opposes Consolidation in Mirena Litigation
- Goldman Ismail Wins Complete Defense Verdict for Merck in Bellwether Fosamax Trial