Susanna M. Moldovean ...

Susanna M.

Moldoveanu

Overview

Susanna practices in the firm’s Pharmaceutical, Medical Device and Healthcare Group and focuses her practice on product liability law, drug and medical devices, and appellate matters.  She has served as a lead motion coordinator in two of the largest MDLs in history, overseeing the preparation of thousands of briefs within a short time frame. She was selected as one of Law360’s 2022 Rising Stars (Life Sciences) and has been recognized by Best Lawyers in America®. She has successfully defended drug and medical device companies in appeals in the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Eleventh Circuit Courts of Appeal. Susanna also serves as embedded appellate counsel at trial, most recently in two cases resulting in defense verdicts in March and October of 2022.

About

Susanna has served as a national motions coordinator for two of the largest MDLs in history, In re: Ethicon Pelvic Repair Sys. Prods. Liab. Litig. and In re: 3M Combat Arms Earplug Prods. Liab. Litig. That included coordination of “wave” motions practice, which required the filing of thousands of summary judgment motions, Daubert motions, and choice of law motions in a short time frame. 

Susanna also has an active appellate practice. She has represented clients in dozens of appeals in federal courts of appeals across the country. She recently obtained a ruling in a pelvic mesh case affirming summary judgment on a failure to warn claim and rejecting an exception to the learned intermediary doctrine in Salinero v. Johnson & Johnson, 995 F.3d 959 (11th Cir. 2021).  Drug and Device Law Blog named this ruling one of “The Ten Best Prescription Drug/Medical Device Decisions of 2021.” See also “No ‘Financial Bias’ Exception to Learned Intermediary Rule in Florida – or Anywhere Else,” Drug and Device Law Blog, May 7, 2021.  She also serves as embedded appellate counsel at trials.

Susanna is active in Products Liability Advisory Council (PLAC) and Defense Research Institute (DRI), as well as a number of national and state bar associations. She also served as an Adjunct Professor at Mississippi College School of Law (2009-2010).

She frequently writes and speaks about product liability litigation. For example, in 2020, she co-authored “Mass Torts in the United States,” Chapter 6 – Management of Mass Torts by the Judiciary, American Bar Association.  She also has authored a number of articles for Butler Snow’s publication for the pharmaceutical, medical device and healthcare industries, Pro Te: Solutio. In 2018, she spoke at the IADC Mid-Year Meeting on “Personal Jurisdiction Post-Daimler: State of Law and Strategy.”

Susanna obtained her J.D., magna cum laude, from the University of Mississippi and her B.A. from Yale University.  Following law school, she clerked for Judge Southwick of the U.S. Court of Appeals for the Fifth Circuit. She is admitted to practice in Arkansas, Mississippi, Tennessee, Louisiana and New York.

Experience

  • Lead motions team in In re: 3M Combat Arms Earplug Prods. Liab. Litig., MDL No. 2885, United States District Court for the Northern District of Florida
  • Lead motions team in Pelvic Mesh Products Liability Litigation, including In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327 (United States District Court for the Southern District of West Virginia) and In re: Pelvic Mesh/Gynecare multicounty litigation (New Jersey)
  • Lead motions team in Hernia Mesh Products Liability Litigation, including In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL No. 2782 (United States District Court for the Northern District of Georgia) and In re: Proceed Mesh multicounty litigation (New Jersey)
  • Susanna also serves as embedded appellate counsel at trial, most recently in two medical device cases resulting in defense verdicts.  See “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022; “Johnson and Johnson Wins Third Ethicon Pelvic Mesh Trial This Year,” Law.com, July 6, 2022.
  • Susanna has successfully defended drug and medical device companies in appeals in the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Eleventh Circuit Courts of Appeal, including:
    • Bond v. Johnson & Johnson, et al., 2022 WL 4594185 (3rd Cir. Sept. 30, 2022) (affirming summary judgment under North Carolina’s statute of repose); See “NC Man’s J&J Mesh Suit Was Filed Too Late,” 3rd Circ. Rules,” Law360, October 3, 2022
    • Perciballi v. Ethicon, Inc, 2022 WL 3147781 (2d Cir. Aug. 8, 2022) (affirming summary judgment in favor of device manufacturer under New York statute of limitations); See “2nd Circuit Affirms Symptoms Triggered Time Bar For Pelvic Mesh Claim,” Mealey’s Drugs & Devices, August 11, 2022
    • Donaldson v. Johnson & Johnson, 37 F.4th 400 (7th Cir. 2022) (affirming summary judgment in a pelvic mesh case for insufficient proof of causation); See “J&J Keeps Victory Over Defective Mesh Claims At 7th Circ.,” Law360, June 15, 2022
    • Salinero v. Johnson & Johnson, 995 F.3d 959 (11th Cir. 2021) (affirming summary judgment on failure to warn claim and rejecting exception to learned intermediary doctrine); See “The Ten Best Prescription Drug/Medical Device Decisions of 2021.” Drug & Device Law Blog, Dec. 30, 2021.
    • Kelly v. Ethicon, Inc., No. 21-1769, 2021 WL 4998930 (8th Cir. 2021) (affirming summary judgment under Iowa statute of limitations)
    • Clabo v. Johnson & Johnson Health Care Systems Inc. et al.,982 F.3d 989 (6th Cir. 2020) (affirming summary judgment on the basis of statute of repose)
    • Nwatulegwu v. Boehringer Ingelheim Pharms., Inc., 2016 WL 4443600 (7th Cir. Aug. 22, 2016) (affirming dismissal for failure to comply with discovery order)
    • Weer v. Ethicon, Inc., 2016 WL 1359129 (4th Cir. Apr. 6, 2016) (affirming dismissal for failure to effect service)
    • Flores v. Ethicon, Inc.et al., 563 F. App’x 266 (4th Cir. 2014) (affirming dismissal for failure to comply with pretrial orders and denial of motion to remand)
    • Huston v. Ethicon, Inc., 585 F. App’x 165 (4th Cir. 2014) (affirming dismissal for failure to comply with pretrial orders)
    • Bryant v. Wyeth, Inc., 487 F. App’x 207 (5th Cir. 2012) (affirming summary judgment in favor of drug manufacturer under Mississippi statute of limitations)

Distinctions

  • Law360
  • Best Lawyers in America®
    • Ones to Watch, Product Liability Litigation – Defendants, 2021-2023
  • Adjunct Professor, Mississippi College School of Law, 2009-2010

Bar Admissions

  • Arkansas, 2022
  • Mississippi, 2011
  • Tennessee, 2011
  • Louisiana, 2011
  • New York, 2010
  • U.S. District Courts
    • Arkansas: Eastern
    • Louisiana: Eastern, Middle, Western
    • Tennessee: Western, Eastern
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 1st Circuit
    • 2nd Circuit
    • 3rd Circuit
    • 4th Circuit
    • 5th Circuit
    • 6th Circuit
    • 7th Circuit
    • 8th Circuit
    • 9th Circuit
    • 11th Circuit
  • U.S. Supreme Court

Education

  • University of Mississippi, J.D., magna cum laude, 2009
    • Editor-in-Chief, Mississippi Law Journal, 2008-2009
    • Moot Court Board Member
  • Yale University, B.A., English, 2006
  • Clerkship, Honorable Leslie H. Southwick, U.S. Court of Appeals for the Fifth Circuit, 2009-2010

Associations

  • Defense Research Institute (DRI)
  • Products Liability Advisory Council (PLAC)
    • Sustaining Member
  • American Bar Association
  • Mississippi Bar Association
  • Tennessee Bar Association
  • New York State Bar Association
  • Louisiana State Bar Association
  • Memphis Bar Association

Papers, Presentations & Publications

Susanna M.

Moldoveanu

Overview

Susanna practices in the firm’s Pharmaceutical, Medical Device and Healthcare Group and focuses her practice on product liability law, drug and medical devices, and appellate matters.  She has served as a lead motion coordinator in two of the largest MDLs in history, overseeing the preparation of thousands of briefs within a short time frame. She was selected as one of Law360’s 2022 Rising Stars (Life Sciences) and has been recognized by Best Lawyers in America®. She has successfully defended drug and medical device companies in appeals in the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Eleventh Circuit Courts of Appeal. Susanna also serves as embedded appellate counsel at trial, most recently in two cases resulting in defense verdicts in March and October of 2022.

About

Susanna has served as a national motions coordinator for two of the largest MDLs in history, In re: Ethicon Pelvic Repair Sys. Prods. Liab. Litig. and In re: 3M Combat Arms Earplug Prods. Liab. Litig. That included coordination of “wave” motions practice, which required the filing of thousands of summary judgment motions, Daubert motions, and choice of law motions in a short time frame. 

Susanna also has an active appellate practice. She has represented clients in dozens of appeals in federal courts of appeals across the country. She recently obtained a ruling in a pelvic mesh case affirming summary judgment on a failure to warn claim and rejecting an exception to the learned intermediary doctrine in Salinero v. Johnson & Johnson, 995 F.3d 959 (11th Cir. 2021).  Drug and Device Law Blog named this ruling one of “The Ten Best Prescription Drug/Medical Device Decisions of 2021.” See also “No ‘Financial Bias’ Exception to Learned Intermediary Rule in Florida – or Anywhere Else,” Drug and Device Law Blog, May 7, 2021.  She also serves as embedded appellate counsel at trials.

Susanna is active in Products Liability Advisory Council (PLAC) and Defense Research Institute (DRI), as well as a number of national and state bar associations. She also served as an Adjunct Professor at Mississippi College School of Law (2009-2010).

She frequently writes and speaks about product liability litigation. For example, in 2020, she co-authored “Mass Torts in the United States,” Chapter 6 – Management of Mass Torts by the Judiciary, American Bar Association.  She also has authored a number of articles for Butler Snow’s publication for the pharmaceutical, medical device and healthcare industries, Pro Te: Solutio. In 2018, she spoke at the IADC Mid-Year Meeting on “Personal Jurisdiction Post-Daimler: State of Law and Strategy.”

Susanna obtained her J.D., magna cum laude, from the University of Mississippi and her B.A. from Yale University.  Following law school, she clerked for Judge Southwick of the U.S. Court of Appeals for the Fifth Circuit. She is admitted to practice in Arkansas, Mississippi, Tennessee, Louisiana and New York.

Experience

  • Lead motions team in In re: 3M Combat Arms Earplug Prods. Liab. Litig., MDL No. 2885, United States District Court for the Northern District of Florida
  • Lead motions team in Pelvic Mesh Products Liability Litigation, including In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327 (United States District Court for the Southern District of West Virginia) and In re: Pelvic Mesh/Gynecare multicounty litigation (New Jersey)
  • Lead motions team in Hernia Mesh Products Liability Litigation, including In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL No. 2782 (United States District Court for the Northern District of Georgia) and In re: Proceed Mesh multicounty litigation (New Jersey)
  • Susanna also serves as embedded appellate counsel at trial, most recently in two medical device cases resulting in defense verdicts.  See “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022; “Johnson and Johnson Wins Third Ethicon Pelvic Mesh Trial This Year,” Law.com, July 6, 2022.
  • Susanna has successfully defended drug and medical device companies in appeals in the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Eleventh Circuit Courts of Appeal, including:
    • Bond v. Johnson & Johnson, et al., 2022 WL 4594185 (3rd Cir. Sept. 30, 2022) (affirming summary judgment under North Carolina’s statute of repose); See “NC Man’s J&J Mesh Suit Was Filed Too Late,” 3rd Circ. Rules,” Law360, October 3, 2022
    • Perciballi v. Ethicon, Inc, 2022 WL 3147781 (2d Cir. Aug. 8, 2022) (affirming summary judgment in favor of device manufacturer under New York statute of limitations); See “2nd Circuit Affirms Symptoms Triggered Time Bar For Pelvic Mesh Claim,” Mealey’s Drugs & Devices, August 11, 2022
    • Donaldson v. Johnson & Johnson, 37 F.4th 400 (7th Cir. 2022) (affirming summary judgment in a pelvic mesh case for insufficient proof of causation); See “J&J Keeps Victory Over Defective Mesh Claims At 7th Circ.,” Law360, June 15, 2022
    • Salinero v. Johnson & Johnson, 995 F.3d 959 (11th Cir. 2021) (affirming summary judgment on failure to warn claim and rejecting exception to learned intermediary doctrine); See “The Ten Best Prescription Drug/Medical Device Decisions of 2021.” Drug & Device Law Blog, Dec. 30, 2021.
    • Kelly v. Ethicon, Inc., No. 21-1769, 2021 WL 4998930 (8th Cir. 2021) (affirming summary judgment under Iowa statute of limitations)
    • Clabo v. Johnson & Johnson Health Care Systems Inc. et al.,982 F.3d 989 (6th Cir. 2020) (affirming summary judgment on the basis of statute of repose)
    • Nwatulegwu v. Boehringer Ingelheim Pharms., Inc., 2016 WL 4443600 (7th Cir. Aug. 22, 2016) (affirming dismissal for failure to comply with discovery order)
    • Weer v. Ethicon, Inc., 2016 WL 1359129 (4th Cir. Apr. 6, 2016) (affirming dismissal for failure to effect service)
    • Flores v. Ethicon, Inc.et al., 563 F. App’x 266 (4th Cir. 2014) (affirming dismissal for failure to comply with pretrial orders and denial of motion to remand)
    • Huston v. Ethicon, Inc., 585 F. App’x 165 (4th Cir. 2014) (affirming dismissal for failure to comply with pretrial orders)
    • Bryant v. Wyeth, Inc., 487 F. App’x 207 (5th Cir. 2012) (affirming summary judgment in favor of drug manufacturer under Mississippi statute of limitations)

Distinctions

  • Law360
  • Best Lawyers in America®
    • Ones to Watch, Product Liability Litigation – Defendants, 2021-2023
  • Adjunct Professor, Mississippi College School of Law, 2009-2010

Bar Admissions

  • Arkansas, 2022
  • Mississippi, 2011
  • Tennessee, 2011
  • Louisiana, 2011
  • New York, 2010
  • U.S. District Courts
    • Arkansas: Eastern
    • Louisiana: Eastern, Middle, Western
    • Tennessee: Western, Eastern
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 1st Circuit
    • 2nd Circuit
    • 3rd Circuit
    • 4th Circuit
    • 5th Circuit
    • 6th Circuit
    • 7th Circuit
    • 8th Circuit
    • 9th Circuit
    • 11th Circuit
  • U.S. Supreme Court

Education

  • University of Mississippi, J.D., magna cum laude, 2009
    • Editor-in-Chief, Mississippi Law Journal, 2008-2009
    • Moot Court Board Member
  • Yale University, B.A., English, 2006
  • Clerkship, Honorable Leslie H. Southwick, U.S. Court of Appeals for the Fifth Circuit, 2009-2010

Associations

  • Defense Research Institute (DRI)
  • Products Liability Advisory Council (PLAC)
    • Sustaining Member
  • American Bar Association
  • Mississippi Bar Association
  • Tennessee Bar Association
  • New York State Bar Association
  • Louisiana State Bar Association
  • Memphis Bar Association

Papers, Presentations & Publications