Lawyers in Epstein Becker Green's Drug and Medical Device Litigation Group have extensive experience litigating product liability matters unique to pharmaceutical and medical device manufacturers.

An Industry-Specific Strategy

Every product liability matter presents its own challenges. How a company responds to those challenges is a function of its business model and the nature of its industry.

Epstein Becker Green's Drug and Medical Device Litigation Group seeks to become keenly aware of your company's specific business goals, needs, and economics and the impact of potential liability on your company. The group uses the resources of Epstein Becker Green's Health Care and Life Sciences practice, which has a special focus on the pharmaceutical and medical device industries, and the firm's Litigation & Business Disputes practice to help your company manage risk. We represent pharmaceutical and medical device manufacturers not only in product liability matters but also in a wide range of civil and criminal matters, including class actions and government investigations.

Read More

Litigation Avoidance: Epstein Becker Green does not accept the premise that the role of the lawyer is simply to react to bad events—such as the filing of a lawsuit against a client. Rather, an integral aspect of the Drug and Medical Device Litigation Group is to take proactive measures through direct interface with clients to avoid lawsuits in the first place. Many of the most important decisions to minimize risk and exposure are often made before the company is a litigation target.

Pharmaceutical and medical device manufacturers address a significant number of regulatory requirements associated with the research, development, pricing, promotion, marketing, and selling of medical devices and ethical drugs. As scrutiny on the pharmaceutical and medical device industries from the public, federal and state regulators, and enforcement agencies continues, companies operating in these industries must remain even more vigilant and knowledgeable about the regulatory parameters that affect them. Members of the Drug and Medical Device Litigation Group, in conjunction with our health care regulatory lawyers in the FDA Inspections and Enforcement Group, provide comprehensive legal services relating to all aspects of product development, the FDA regulatory approval process, label development, and post-approval marketing and advertising. We provide FDA counseling to manufacturers relating to promotional matters and off-label distribution issues. We provide counseling with regard to all aspects of post-market clinical trial research programs and grant administration. The regulatory areas in which we counsel our pharmaceutical and medical device clients often are crucial to the defense of product liability litigation.

The Medicine: Epstein Becker Green lawyers have extensive experience litigating cases that require a thorough knowledge of epidemiology, toxicology, and medical sciences. In deposition and at trial, we demonstrate a firm grasp of the scientific and medical issues critical to the defense of the case. We routinely use Daubert and Frye hearings to attack the credibility of adversarial experts and limit the effectiveness of those experts in court.

The Courtroom: Epstein Becker Green aggressively defends its clients in product liability litigation in state and federal courts throughout the United States. Members of the Drug and Medical Device Litigation Group are seasoned trial lawyers who bring a combination of extensive preparation and creativity to the courtroom. While we strive to prevail by summary judgment where possible, we have no qualms about trying jury cases to verdict.

Complex, Class Actions, and Multi-District Litigation: Epstein Becker Green lawyers represent companies in both federal and state class actions, multi-district litigation, and mass actions. Our clients' first (and often best) opportunity to successfully defend a class action is to defeat certification of the putative class or prevent the amassing of dissimilar claims. We have been victorious in opposing class certification and claims aggregation for many clients across many industries through thoughtful and comprehensive pre-certification discovery and investigation, coupled with the development of creative, case-specific strategies.

Crisis Management: Because of the potentially significant impact of product liability claims on a company's reputation, we also assist our clients with developing legally and operationally sound internal and public communications throughout the discovery, management, and resolution of adverse events.

Read less

Focus Areas







Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.