Pharmaceutical and Medical Device

• National Trial Team, Leadership Team Seroquel Litigation: More than 20,000 plaintiffs nationwide have alleged that Seroquel, a drug typically used in the management of schizophrenia and bipolar disorder, caused their diabetes. Alston & Bird, in conjunction with AstraZeneca's other national counsel, has had unprecedented success in this litigation by excluding the testimony of the plaintiffs' specific causation experts in the vast majority of bellwether cases to date, including two cases in the Multi-District Litigation pending in Florida, three cases in consolidated litigation in Delaware state court and one case in consolidated litigation in New Jersey state court. An article in The AmLaw Litigation Daily emphasized the success AstraZeneca has had with its defense strategy: “A pattern is forming in the ongoing product liability litigation over AstraZeneca's antipsychotic Seroquel, and it's not pretty for the plaintiffs.” To date, no case has gone to trial. We are also participating on the national discovery team which has included document review and analysis and taking dozens of depositions of plaintiffs, prescribing physicians, experts and treating physicians.
• National Coordinating Counsel, Methadone and Pamidronate Litigation: We serve as national coordinating counsel for one of the world’s largest pharmaceutical companies in litigation pending in multiple jurisdictions regarding the drug methadone. We recently obtained summary judgment in a methadone wrongful death case and obtained a dismissal, with prejudice, in another wrongful death case. We also serve as the company’s national coordinating counsel in litigation pending in multiple jurisdictions, including an MDL in the EDNY and consolidated litigation in state court in New Jersey, against claims alleging pamidronate, a generic form of Aredia®, caused osteonecrosis of the jaw.
• Regional Counsel, Dialysis Products Liability and Medical Negligence: Our team represents the world's largest integrated provider of dialysis products and services, in products liability and complex medical negligence actions in various states throughout the country. In addition, we routinely render advice regarding state and federal compliance issues and regulatory requirements applicable to the client's network of end-stage renal disease facilities.
• Clinical Trials Litigation: In 2009, we represented a global pharmaceutical company in a clinical trial wrongful death case filed in the Northern District of Florida. After developing a strong scientific evidence defense and prior to formal discovery, we settled the claim on behalf of the company at favorable terms. We have also represented and advised clients in connection with clinical trials and biomedical research litigation in the United States and Canada. Our lawyers have written and lectured extensively on risk reduction and litigation avoidance strategies, including the litigation chapter of Barnett International’s 2003, 2004, 2005 and 2006 editions of Good Clinical Practice: A Question & Answer Guide. In addition, we are currently writing a book on clinical trials litigation intended for publication in 2010.
• National Trial Team, Trasylol litigation: Alston & Bird serves on the national trial team in the Trasylol pharmaceutical litigation and has significant involvement in deposing plaintiffs and key healthcare providers.  We also serve as Georgia counsel in the YAZ/Yasmin pharmaceutical litigation and have represented our client in PPA litigation.
• Preferred Counsel, major health care supply company: We are preferred counsel to a Fortune 20 manufacturer and distributor of medical supplies and pharmaceuticals. Alston & Bird has handled numerous matters for this client, including mass litigation involving several hundred patients who allege health effects from the use of surgical instruments allegedly contaminated with hydraulic fluid. We also have represented this client in litigation involving various medical devices and commercial disputes.
• National Trial Team and National Science Counsel, Phentermine (Fen-Phen) Litigation: As national science counsel for a major phentermine manufacturer in the diet drug litigation, Alston & Bird prepared the MDL Daubert brief and conducted the MDL Daubert hearing on behalf of all phentermine defendants. This hearing resulted in the exclusion of expert witnesses for plaintiff against the phentermine defendants. In the only “Fen-Phen” case tried against a phentermine defendant, we obtained a directed verdict in a Fayette, Mississippi, state court case based on scientific evidence issues.
• National Trial Team and National Science Counsel, Silicone Breast Implant Litigation: In litigation involving silicone breast implants, Alston & Bird lawyers were involved in the ground-breaking scientific evidence strategies that brought that mass tort to an end. We served as both national science counsel and as a member of the national trial team in breast implant litigation for one of the three major manufacturers in that litigation. Our partner Jane Thorpe was integral to the creation of the 706 National Science Panel appointed by the MDL judge, including helping to establish the Panel’s procedures and guidelines, and she coordinated and participated in virtually every Daubert hearing conducted by state and federal courts in those cases. On behalf of the joint defense, Jane presented much of the scientific evidence, by cross-examination of the plaintiffs’ experts and direct of the defense experts, considered by the 706 National Science Panel.
• National Coordinating Counsel and National Trial Team, Natural Rubber Latex Glove Allergenicity Litigation: We served as national counsel for this mass tort litigation alleging severe allergic reactions to natural rubber latex. Our clients were the target defendants in litigation that threatened the very existence of the industry that provides 20 billion protective gloves to the medical profession annually. We litigated over 900 cases in federal and state courts nationwide. We obtained complete defense victories for our clients in five of six cases. The remaining case, tried in Beaumont, Texas, resulted in a verdict that was remitted and settled for a modest amount. We also coordinated the successful regulatory response to efforts to ban certain types of latex gloves in the European Union, and coordinated the ultimate settlement strategy nationally.