MEDICAL DEVICE, MASS TORT AND PHARMACEUTICAL LITIGATION
For virtually a decade, O’Brien & Ryan, LLP served as liaison counsel between Pennsylvania plastic and reconstructive surgeons in the national silicone breast implant litigation and the courts. We were one of the most active firms in the Pennsylvania consolidated breast implant litigation, working for the defense of plastic surgeons involved in those mass tort lawsuits. We represented healthcare provider defendants in over two hundred cases. Of those cases, we successfully tried to verdict two breast implant cases, including the first in the state.
Additionally, attorneys of the firm have served as counsel for physicians in the pedicle screw litigation and pharmaceutical litigation cases including Fen-Phen, Rezulin, Baycol, Celexa and Vioxx. In these capacities, we have accumulated experience not only in medical device and pharmaceutical litigation, but in the particulars of mass tort litigation. Our firm has worked with the courts to develop systems for becoming proficient in case management and discovery including obtaining, organizing and utilizing massive numbers of manufacturer documents and manufacturer employee depositions produced through the course of consolidated and multi-district litigation, in both hard copy and electronic form.
Contact:
Marshall L. Schwartz
(610) 834-6294
(610) 834-1749 Fax
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O'Brien & Ryan News
Favorable Ruling from Superior Court of Pennsylvania in Certificate of Merit Matter
Paul Peel received a favorable ruling from the Superior Court of Pennsylvania. In Harris v. Neuberger, the Superior Court of Pennsylvania reversed a trial court's order that granted a plaintiff's Petition to Open Judgments of Non Pros and remanded the matter to the...
Defense Verdict for Surgeon in Montgomery County
Marshall L. Schwartz obtained a defense verdict in a Montgomery County case in which the plaintiff alleged negligence when his bladder was perforated by a surgeon performing a laparoscopic appendectomy. Plaintiff maintained that if the surgery had been done properly,...
Successful Defense of Buyers at Arbitration Involving Failed Residential Real Estate Transaction
Anthony P. DeMichele successfully defended the buyers in a failed residential real estate transaction. The buyers and sellers entered into a residential real estate agreement of sale. Problems arose at the closing, and as a result, the closing on the property failed...
Defense Verdict in Philadelphia County Court of Common Pleas for Family Physician, Medical Technician, and Practice
Michael O. Pitt obtained a defense verdict in the Philadelphia County Court of Common Pleas for a family physician, her medical technician, and her practice. The defendant physician was the primary care doctor of the plaintiff husband, an avid bowler. Plaintiffs...
Defense Verdict for Otolaryngologist in Bucks County
Michael O. Pitt obtained a defense verdict in favor of an otolaryngologist following a five day jury trial in Bucks County, Pennsylvania. At issue was surgery to remove a polyp from the plaintiff's sphenoid sinus. Plaintiff had alleged that the surgery performed was...
Superior Court Remands Defense Verdict because Admission of Breach required Finding of Negligence
The Superior Court recently remanded a medical malpractice case back to the Clarion County Court of Common Pleas after ruling that the jury erroneously found a clerk’s admitted filing error was not negligent. In writing on behalf of the unanimous...
OIG Issues Favorable Opinion Regarding Payment of Per Diem Fees to Physicians in Emergency Department
On October 23, 2012, the U.S. Department of Health and Human Services, Office of Inspector General (OIG), issued a favorable Advisory Opinion (Opinion 12-15) regarding the payment of per diem fees by hospitals to physicians providing on-call coverage to unassigned...
Superior Court Orders New Trial after Evidence of Informed Consent was Improper in Medical Negligence Case
In an opinion issued on November 12, 2013, a three-judge panel for the Pennsylvania Superior Court held that repeated references to a patient’s consent to the surgeries at issue in a medical malpractice trial were both irrelevant and unduly prejudicial. Given...
Third Circuit Court of Appeals Holds That Medicaid Liens are Not Prohibited by Anti-Lien and Anti-Recovery Provisions of The Social Security Act
In Tristani v. Richman, the United States Court of Appeals for the Third Circuit held that Medicaid liens on judgments or settlements limited to medical costs are not prohibited by the anti-lien and anti-recovery provisions of the Social Security Act, 42 U.S.C. §...
“Benevolent Gesture” Bill is Signed into Law by Governor Corbett
On the morning of October 23, 2013, Senate Bill 379, also known as the “Benevolent Gesture” Bill, was signed into law by Pennsylvania Governor Tom Corbett, after unanimous approval in both the State Senate and House of Representatives. The Benevolent Gesture Law...
Female Powerbrokers Q&A With Heather Hansen
Heather Hansen was featured in a Q & A session highlighting legal Female Powerbrokers.
Full article below, published by Law360.com.
Anthony DeMichele is Panelist for HIPAA CLE
On April 8, 2014 Anthony P. DeMichele was a panelist for the CLE program “Understanding and Eliminating Implicit Bias, and Ethical Considerations for Lawyers as Business Associates under HIPAA”, presented by Minnesota Lawyers Mutual Insurance Company at Pierce College.
How To Maintain Humanity In An EMR World
The push toward implementation of electronic medical records makes it very challenging for risk managers, physicians, nurses and other health professionals to prioritize relationships over efficiency. However, it is important for those who work in these fields to remember to find a balance, says Heather Hansen of O’Brien & Ryan LLP.
Full article below, published by Law360.com.
OBR Sponsors Plymouth Service Memorial
O’Brien & Ryan, LLP is a proud supporter of the Plymouth Township Service & Devotion Monument.
The monument features eight distinctive pillars honoring the Army, Navy, Marines, Air Force, Coast Guard, Law Enforcement, Fire and Ambulance with a special area dedicated to fallen Plymouth Township police officer, Brad Fox.
The monument is located at the corner of Walton Road & Germantown Pike in Plymouth Meeting.
Heather Hansen is part of “Benevolent Gesture” CLE
Heather Hansen presented “What MedMal Defense Lawyers Need to Know about the New Benevolent Gesture Law…” on November 20, 2013, as part of the Pennsylvania Bar Institutes’s webinar series.
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