FORMIDABLE ADVOCATES FOR OUR CLIENTS
Butler Snow’s drug and device team includes a number of highly capable first-chair trial attorneys with experience trying cases in some of the most notoriously plaintiff-friendly jurisdictions across the country. We know how to manage large-scale litigation as national counsel while simultaneously trying and preparing working up multiple other cases for trial – ensuring that our clients receive the most efficient and effective defense possible.
While we are called upon to “parachute in” to handle trials from time to time, we serve as lead or co-lead trial counsel in many of the cases we defend as national counsel. Due to our leadership role in the overall litigation, we are well-positioned to defend each case from the beginning consistent with our client’s overall trial strategy and themes.
In 2022 alone, our drug and device litigators obtained defense verdicts in nine medical device product liability jury trials in federal and state courts across the country – Arizona, Arkansas, California, Colorado, Mississippi, Ohio, Texas and West Virginia. Our verdicts have been profiled by The American Lawyer, Law360 and CVN, among others. For example, our team’s consecutive defense verdicts in October 2022 were profiled by Law360 in “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” October 13, 2022. As another example, Orlando R. Richmond, Sr. was featured for a defense verdict in the second bellwether Pradaxa® trial in Connecticut in AmLaw Litigation Daily’s “Litigators of the Week: A Compassionate—But Effective—Product Liability Defense,” May 11, 2018.
One of the keys to our success as trial lawyers is our firm’s collaborative environment – a culture based on trust, support and communication and not competition – that enables each member of our team to excel. We have several accomplished women and minority trial attorneys who regularly lead trial teams in complex, high-stakes pharmaceutical and medical device cases.
We invest significant amounts of time in mentoring and developing the next generation of star trial attorneys, and often include younger attorneys as key members of the overall trial team. This benefits both our firm and our clients because we have a deep bench of experienced litigators with boots-on-the-ground trial experience from which we can draw upon to effectively staff cases.
Our team includes experienced paralegals who routinely accompany our attorneys to trial and serve as core members of the trial team. We also rely upon the expertise of our firm’s nurse consultants and graphics specialists to present a cohesive and compelling case at trial.
Our firm is home to several Fellows of the American College of Trial Lawyers and the International Academy of Trial Lawyers, both of which are prestigious, invitation-only groups of trial lawyers with proven track records. Our team also includes the President of the Trial Lawyers of America, the President of the American Board of Trial Advocates, and faculty of the International Association of Defense Counsel’s Trial Academy and the American Board of Trial Advocates’ Masters in Trial Program. We have team members who are included in Benchmark Litigation’s 2024 Top 100 Trial Attorneys and Law360’s 2016 Trial Pros.
Our clients and peers had this to say about our trial experience:
The Legal 500 US
- “With its roots in the Deep South but now increasingly national in scope, Butler Snow LLP continues to gain excellent traction in the market on behalf of medical device and pharma companies. The team works well with other law firms and has gained a strong reputation approach in the context of “virtual law firms” in the defense of mass tort litigation.” The Legal 500 US commentary (2023)
- “Drawing upon significant resources, primarily from offices spread across the firm’s Southeastern heartland, Butler Snow LLP provides ‘exceptional’ service to clients engaged in pharmaceutical and medical device litigation.” The Legal 500 US commentary (2022)
- “[T]he ‘highly competent and skilled’ group at Butler Snow LLP has outstanding trial expertise and is entrusted by high-profile clients…” The Legal 500 US commentary (2019).
- Ranked for nationwide Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices – Defense (2022).
Chambers USA
- “They do a phenomenal job.” Chambers USA client commentary (2023)
- “Butler Snow has a strong reputation for its knowledge of the life sciences sector, where it regularly acts for a number of leading entities in complex product liability claims . . . Substantial experience handling major multidistrict litigation and widely regarded as one of the leading litigation firms in the Southeast, while making significant inroads elsewhere in the country.” Chambers USA commentary (2023)
- “It’s an exceptional law firm,” says a source. “There’s a good base of talented lawyers, an excellent reputation and the ability to practice across the country.” Chambers USA commentary (2021)
- “Clients highlight the firm’s ‘very, very good trial lawyers,’ and note that they are ‘very collaborative with other firms.’” Chambers USA commentary (2019).
- “The Butler Snow firm is very, very skilled at both trying jury trials, and dealing with extensive and complex discovery and legal issues.” Chambers USA commentary (2018).
- Ranked for nationwide Product Liability & Mass Torts: The Elite (2023).
Highlights
- Dandy v. Ethicon, Inc. and Johnson & Johnson, Case No. 3:20-cv-431, United States District Court for the District of New Jersey: Pelvic mesh product liability case, defense verdict, May 2023. (Butler Snow serves as national coordinating counsel in the pelvic mesh litigation and provided trial support for this case.) “NJ Jury Sides With J&J Unit In Pelvic Mesh Injury Suit,” Law360, May 2, 2023
- Benestad v. Ethicon Inc., Case No. 0:20-cv-60496, United States District Court for the Southern District of Florida: Pelvic mesh product liability case; defense verdict, March 2023 (Trial Support). “J&J And Ethicon Score Pelvic Mesh Trial Win In Fla.,” Law360, March 16, 2023
- Hudspeth v. Ethicon, Inc., Case No. 3:23-cv-00529, United States District Court for the Middle District of Florida: Pelvic mesh product liability case; defense verdict, January 2023 (Trial Support).
- Snowden v. Ethicon, Inc. and Johnson & Johnson, Case No. CC-19-05461-D, Dallas County, Texas Court of Law No. 4: Pelvic mesh product liability case; defense verdict, 2022. “CVN’s Top 10 Most Impressive Defense Verdicts of 2022,” CVN, January 12, 2023.
- Richards v. Ethicon, Inc. and Johnson & Johnson, Case No. 5:21-CV-00092-RSW, United States District Court for the Eastern District of Texas: Pelvic mesh product liability case; defense verdict, 2022. See “J&J Ethicon Unit Prevails In 2 Pelvic Mesh Trials,” Law360, October 13, 2022.
- Jarrett v. Ethicon, Inc. and Johnson & Johnson, Case No. 4:20-cv-01517-BRW, United States District Court for the Eastern District of Arkansas: Pelvic mesh product liability case; defense verdict, 2022.
- Freeman v. Ethicon, Inc., Case No. 2:20-cv-10661-CBM-SKA, United States District Court for the Central District of California: Pelvic mesh product liability case; defense verdict, 2022.
- Burris v. Ethicon, Inc. and Johnson & Johnson, Case No. 3:20-cv-01450-JRK, United States District Court for the Northern District of Ohio: Pelvic mesh product liability case; defense verdict, 2022 (Trial Support).
- Shostrom v. Ethicon, Inc. and Johnson & Johnson; Case No. 1:20-cv-01933-WJM-STV, United States District Court for the District of Colorado: Pelvic mesh product liability case; defense verdict, 2022 (Appellate Trial Counsel and Trial Support). “Johnson and Johnson Wins Third Ethicon Pelvic Mesh Trial This Year,” Law.com, July 6, 2022.
- Knoth v. Apollo Endoscopy US, Inc., Case No. 5:18-CV-00049-DCB-MTP, United States District Court of the Southern District of Mississippi: Medical device product liability case; defense verdict, 2022.
- McBroom v. Ethicon, Inc., Case No. 2:20-cv-02127, United States District Court for the District of Arizona: Pelvic mesh product liability case; defense verdict, 2022.
- Shears v. Ethicon, Inc., Case No. 1:20-cv-00264, United States District Court for the Northern District of West Virginia: Pelvic mesh product liability case; defense verdict, 2022.
- Salinero et al. v. Johnson & Johnson, Case No. 1:18-cv-23643, United States District Court for the Southern District of Florida: Pelvic mesh product liability case; defense verdict, 2020. “Jury Absolves Ethicon in Pelvic Mesh Suit,” Law360, January 21, 2020; “J&J Escapes Fla. Pelvic Mesh Suit Also Aimed At Subsidiary,” Law360, September 20, 2019
- The People of the State of California v. Johnson & Johnson, Case No. 37-2016-00017229-CU-MC-CTL, Superior Court of California, County of San Diego Central: Trial counsel in a first-of-its-kind eight-week bench trial in an attorney general action involving pelvic mesh. We were also retained in 2019 as lead trial counsel in a Washington state attorney general action related to pelvic mesh that resolved shortly before trial. “4 Key Moments From J&J’s Mesh Marketing Battle With Calif.,” Law360, October 2, 2019; “Breaking Down J&J and California’s $1B Pelvic Mesh Trial,” Law360, July 12, 2019
- Krolikowski v. Ethicon, Inc., Case No. 140102704, Court of Common Pleas of Philadelphia County, Pennsylvania: Pelvic mesh product liability case; defense verdict, 2019. “J&J Dodges Pelvic Mesh Claims In Philadelphia Trial,” Law360, April 17, 2019
- Gallam v. Boehringer Ingelheim Pharmaceuticals, Inc., Case No. HHD-CV-16-6067874-S, Connecticut Superior Court, Judicial District of Hartford: Second bellwether Pradaxa® product liability trial; defense verdict, 2018. AmLaw Litigation Daily’s “Litigators of the Week: A Compassionate—But Effective—Product Liability Defense,” May 11, 2018
- Adkins v. Ethicon, Inc., Case No. 130700919, Court of Common Pleas of Philadelphia County, Pennsylvania: Pelvic mesh product liability case; defense verdict, 2017. “Philly Jury Clears J&J in Latest Pelvic Mesh Case,” Law360, June 9, 2017
- Cavness v. Kowalczyk, Case No. DC-14-04220, District Court for the 95th Judicial District, Dallas County, Texas: Pelvic mesh product liability case; defense verdict, 2015. CVN named this verdict one of its 2015 “Top Defense Verdicts.”
- Jackson v. McNeil Consumer Healthcare, Case No. ATL-L-880-13, Superior Court of New Jersey, Atlantic County: First bellwether case in the New Jersey Tylenol® liver damage litigation; defense verdict, 2015. CVN named this one of its “2015 “Top Defense Verdicts.”
- Lewis v. Ethicon, Case No. 2:12-cv-04301, United States District Court for the Southern District of West Virginia: First MDL bellwether pelvic mesh product liability trial; defense verdict, 2014. “J&J Wins 1st Vaginal Mesh Bellwether Trial,” Law360, February 18, 2014
- Sessner v. Merck, Case No. ATL-L-3394-11, Superior Court of New Jersey Law Division: Atlantic County: Second New Jersey bellwether involving Fosamax®; defense verdict, 2012. “Merck Chalks Up Second Fosamax Trial Win in NJ,” Law360, April 18, 2012
- Andrews, Gaghan and Greenblatt v. Hoffmann-La Roche Inc., Superior Court of New Jersey, Law Division: Atlantic County: Product liability action involving Accutane®; defense verdict, 2011. “Roche Win Upheld in ‘Twin Peaks’ Star’s Accutane Case,” Law360, August 4, 2014
- Rosenberg v. Merck & Co., Case No. ATL-L-3644-08MT, Superior Court of New Jersey Law Division: Atlantic County: New Jersey bellwether product liability case involving Fosamax®; defense verdict, 2011. “Merck Wins First State Fosamax Trial in NJ,” Law360, February 14, 2011
