Pharmaceutical, Medical Device and Healthcare Industry Team

 

Butler Snow’s Pharmaceutical, Medical Device and Healthcare Group is nationally recognized for their extensive litigation experience.  In the pharmaceutical and medical device industry, only a handful of law firms in the United States have been called upon as often as Butler Snow to serve as local, regional or national counsel in significant litigated matters.  Butler Snow has truly set itself apart from other firms in the pharmaceutical, medical device and healthcare arena.  

Trial experience.  Butler Snow tries more pharmaceutical and medical device cases than any firm of its size in the country.  While we have a great deal of experience in litigation management and other related work, our litigators regularly try cases to verdict, and our attorneys get into the courtroom early and often in their careers.  Our team of lawyers has defended matters in virtually every state and numerous foreign countries.  We regularly lead trial teams in some of the most challenging jurisdictions in the country.  In the past six years alone, our pharmaceutical and device lawyers have tried 20 product liability cases to verdict in New Jersey, Pennsylvania, New York, California, Illinois, Tennessee, Alabama, Mississippi and Louisiana. This does not include the hundreds of cases tried by our lawyers in medical malpractice, nursing home litigation or commercial disputes involving pharmaceutical or healthcare institutions.     

Bellwether cases and multi-district litigation experience.  Our litigators play leading roles in federal MDL proceedings and often try bellwether cases.  Our pharmaceutical and medical device lawyers are currently serving as lead counsel in MDLs and will chair the first trials in each of these matters.  The practice group is currently serving as national counsel managing three different MDLs involving Propecia, Pradaxa and pelvic mesh litigation, each of which involves hundreds of claimants and in one instance, thousands. We are also national counsel for clients involving several different products and tens of cases around the country. Our team will be called upon to chair the first trials in each of these matters. As a preferred provider to pharmaceutical and medical device industry clients, we have helped make new case law that effectively disposed of thousands of cases and ensured fair trial venues for our clients.  A firm that is at the forefront of this type litigation is invaluable for pharmaceutical and medical device companies seeking solid representation.      

Mass tort experience.  Our work has built a deep bench of litigators and support personnel who excel in the efficient management of large numbers of claims.  For instance, since 1995, the group has been responsible for the management and defense of nearly 300,000 product liability claims against a number of product manufacturers.  Tens of thousands of these claims involved pharmaceuticals or medical devices.  In that capacity, the group’s litigators have deposed thousands of litigants and healthcare providers, created and maintained dozens of databases, negotiated and managed numerous mass settlements, all the while regularly surpassing the expectations of clients in terms of advocacy, efficiency and costs. Currently, Butler Snow serves as national counsel for different clients in claims involving different products around the country. Dozens of cases have been filed for each product; we understand the importance of preparation and consistency in handling this type of litigation.            

Our clients.  Leading pharmaceutical and medical device companies trust Butler Snow with their legal needs; this is a result of our focus on client satisfaction as well as our successful outcomes in the courtroom and in all phases of litigation. From our experience with numerous pharmaceutical and medical device companies, we understand that when you become our client we are the face of your organization, and its doctors and scientists, wherever we appear on your behalf.  We know we must mirror the professionalism and compassion demonstrated by those who dedicate their lives to improving health.  Over the past 15 years, our group has taken leading roles in pharmaceutical litigation involving a prescription osteoporosis prevention and treatment drug, treatment for male pattern baldness, prescription cholesterol medication, prescription anti-inflammatory, prescription anti-biotic, prescription blood thinner, prescription acne medication, prescription hypertension medication, diet drugs, PPA, HRT, birth control, over the counter pain relievers, prescription heartburn medication, vaccines for primary immunodeficiency diseases, prescription colitis medication, oral diabetes medication, antipsychotic medication, DPT vaccines, influenza vaccines and prescription painkillers.  On the medical device side, our group has taken leading roles in litigation involving gynecological mesh, mammary implants, pain pumps, hip replacements, dialyzers, mechanical heart valves and IUDs.   

Value added.  With Butler Snow’s Pharmaceutical, Medical Device and Healthcare group, clients receive much more than the typical legal services. Our group includes Registered Nurses and a PhD as well as an attorney who is also a medical doctor who has done extensive work with experts.  These additional team members provide us, and as a result our clients, a complete understanding of regulations affecting pharmaceuticals, medical devices and biologicals as well as Medicare, Medicaid and healthcare.  Our Pharmaceutical, Medical Device and Healthcare Group also publishes a quarterly newsletter, Pro Te Solutio, for our clients containing articles regarding the latest news and information affecting Pharmaceutical and Medical Device manufacturers.  

Value driven results.  We understand that companies are changing the way they buy legal services, and an improved approach to management of these services is essential in a competitive global business environment. The pharmaceutical and medical device industry, especially, has found itself in the midst of the perfect storm in recent years.  Confronted by a faltering economy, regulatory challenges, Congressional investigations, uncertainty regarding healthcare reform and negative publicity, clients in this industry have been forced to make difficult choices involving its business and employees.  With 13 offices across the Southeast and Philadelphia, PA, Butler Snow’s business model of teamwork and efficiency coupled with lower cost of living locations affords the firm the luxury of passing savings on to our client as our overhead is significantly less.  Additionally, as one of the pioneers of alternative fee arrangements, we can provide value, offer predictability and offer savings on legal fees.  Through the use of AFAs, we eliminate the time-consuming task of reviewing individual entries that are the product of work performed under a billable hour system.  Most of the AFAs in use by our current clients are structured on a flat monthly or quarterly payment schedule. Not only do these types of agreements eliminate the need to review monthly billing statements, they also help clients better manage corporate and legal budgets through predictability of costs. This method simplifies and streamlines the billing process, which, in turn, promotes efficiency.   In similar arrangements with firm clients, we have agreed to provide all litigation and corporate services for a sum certain on an annual basis. In this way, the client has the ultimate measure of predictability.   

Butler Snow’s mantra is “Client First” and so we understand the necessity of teamwork and appreciate the benefits of the “virtual law firm.”  Unlike other firms, our lawyers are not compensated on the basis of who generates the work or billable hours; we are free to assign (with the client’s permission) the lawyer best qualified to undertake the matter.  In short, we believe in teamwork, and we want to deliver that valuable asset to our clients not just in litigation but across the spectrum of legal services we offer.  We regularly work together, blending talents from our different offices or from other firms, to provide the best representation to the client.  We know that we succeed only if the client succeeds.  Our goal at every turn is not just meet the clients’ expectations but to exceed them in every way – through excellent legal representation, outstanding service, and commitment to our clients’ Interests.     

For additional information on the Pharmaceutical, Medical Device and Healthcare Industry, please contact Christy D. Jones or Charles F. Johnson III.

 

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