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Pharmaceutical and Medical Devices
Representative Matters Pharmaceutical Experience
Bass, Berry & Sims has participated in cases involving a variety of products, including: Drugs
- Allercare
- Cipro
- Coumadin
- Fen-Phen
- Imitrex
- Lotronex
- Lupron
- Omniflox
- Paclitaxel
- Phenylpropanolamine (PPA)
- Prozac
- Synthroid
- TOPAMAX
- Zyprexa
Medical Devices
- Artificial heart valves
- Heart pacemaker and related devices
- Hip and knee replacements
- Pedicle screw spinal implants
- PCA infusion system
Pharmaceutical And Medical Device Litigation Representative Matters
- Serve as local counsel for Wyeth in the State of Tennessee defending multiple products liability suits involving the diet drug Fen-Phen. Most of the cases are consolidated in an MDL proceeding in Pennsylvania or a joint proceeding in New Jersey. Responsible for discovery, expert retention and trial preparation for the Tennessee cases to be remanded to the Tennessee Federal Courts for trial.
- Served as local counsel for Novartis in MDL proceeding (Washington State) involving Phenylpropanolamine (PPA). Handled discovery, expert retention and trial preparation for numerous Tennessee cases to be remanded to local federal courts from the MDL proceeding. Several cases were dismissed on motions, and the remaining cases will be tried in the United States District Court for Eastern District of Tennessee at Chattanooga.
- Represent Eli Lilly & Company in multiple cases involving the medication Zyprexa, prescribed for the treatment of schizophrenia. The cases are consolidated in an MDL proceeding in New York.
- Represented Abbott Laboratories as local counsel in MDL proceedings involving the anti-biotic Omniflox, which was withdrawn from the market. Handled discovery, expert retention and trial preparation for numerous Tennessee cases. All of the cases were either dismissed on motions or satisfactorily resolved.
- Served as local counsel in large MDL proceeding against Accufix/Telectronics, Inc. over its heart pacemaker and related devices. The cases were in various federal courts across Tennessee, and all cases were satisfactorily resolved.
- Lead counsel for AcroMed Corporation, a manufacturer of pedicle screw spinal implants, in over 100 individual cases filed in Tennessee. Also served as local counsel in the MDL proceeding and a large class action suit filed in Nashville. All cases were satisfactorily resolved on motion or through settlement.
- Served as local counsel for Shiley, Inc., a division of Pfizer, in multiple cases involving allegedly defective artificial heart valves. Handled discovery, motion practice and expert retention in numerous cases filed in Tennessee. All cases were successfully resolved on motion or through settlement.
- Served as local counsel for GlaxoSmithKline in a serious case involving the popular migraine medication Imitrex. After initial discovery, the case was successfully mediated.
- Represented Eli Lilly & Company in several individual cases involving the medication Prozac. One of the cases drew national attention because the plaintiff appeared on The Geraldo Rivera Show and led the National Prozac Support Group. All of the cases were successfully defended and dismissed.
- Served as local counsel for Eli Lilly & Company throughout the DES litigation. Handled discovery, investigation, motion practice, and expert retention in numerous individual cases in state and federal courts in Tennessee.
- Represented GlaxoSmithKline in multiple cases filed in state and federal courts in Tennessee involving the medication Lotronex (for irritable bowel syndrome), that was withdrawn from the market. Also served as local counsel in consumer class action suit filed in state court in East Tennessee. All of the cases were successfully defended and resolved.
- Successfully defended Abbott Laboratories in a case involving the PCA infusion system, a device for dispensing pain medications. Case was dismissed after initial discovery and expert analysis.
- Represented Becton Dickinson & Company, a medical device manufacturer, in case involving allegedly defective hypodermic needle.
- Successfully mediated and resolved claims against Image Guided Technologies for economic loss arising out of allegedly defective surgical instruments.
- Represented Johnson & Johnson and Ortho-McNeil Pharmaceutical Company in action involving alleged acute scleritis with secondary angle closure glaucoma due to TOPAMAX. Case successfully mediated following full discovery of plaintiff and independent medical exam.
- Represented Abbott Laboratories, TAP Pharmaceuticals, and TAP Holdings in action involving alleged depression and memory loss from Lupron. Voluntary nonsuit by plaintiff following discovery of plaintiff's medical records.
Represented SC Johnson in action involving a claim of various severe side effects, including pulmonary disease, from the use of Allercare. Following full discovery of plaintiffs, case settled for costs of defense.
- Represented McNeil Consumer Products in action involving a claim of skin disease from use of Nizoral dandruff shampoo.
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