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
Defense Verdict on Behalf of Surgical Oncologist in Philadelphia County
Marshall L. Schwartz and Brett M. Littman obtained a defense verdict in favor of a surgical oncologist in Philadelphia County. Plaintiff, who had previously been diagnosed with breast cancer, claimed that after undergoing a mastectomy and concurrent breast...
Defense Verdict at Trial On Behalf of Cardiologist in Philadelphia County
Daniel F. Ryan, III recently obtained a defense verdict at trial on behalf of a cardiologist in Philadelphia County, PA. Plaintiff's decedent was on anticoagulants for several years because of atrial fibrillation and was hospitalized for treatment of an infection....
Summary Judgment for Insurance Company in Declaratory Judgment Action
Anthony P. DeMichele obtained summary judgment for an insurance company in a coverage dispute involving one of its insureds. The insured, an attorney, was sued in two separate state court actions based upon his involvement in several real estate investments. In the...
Defense Verdict in Favor of Orthopaedic Surgeon in Montgomery County
Marshall L. Schwartz obtained a defense verdict in favor of an orthopaedic surgeon following a six day trial in Montgomery County. The plaintiffs alleged that the orthopaedic surgeon breached the standard of care by failing to diagnose the plaintiff-husband as...
Defense Verdict on Behalf of Cardiologist in Philadelphia County
Michael O. Pitt obtained a defense verdict in favor of a cardiologist in Philadelphia County. Plaintiff's decedent presented to the emergency room with chest pain and shortness of breath. A cardiology consultation was requested and at the time of the examination by...
Spotlight On: The New Rules for Health Care Decisions and Advance Heath Care Directives for Incompetent Patients
Act 169 of 2006, which provides a framework for making healthcare decisions on behalf of incompetent adult patients through advance health directives, went into effect on January 29, 2007. The Act allows physicians to initiate, continue, withdraw or withhold medical...
“Original Source” Exception Overcome by Focus on Documents’ Purpose in Peer Review Protection Act Analysis
An opinion from the Allegheny County Court of Common Pleas helped further shape the Peer Review Protection Act ("the Act") analysis by focusing on hospitals' efforts to improve the care they provide in ways that may not involve a traditional committee. In the...
IRS Simplifies Determination of Whether A Health Care Worker is Employee or Independent Contractor
The standards by which the IRS determines whether a worker is classified as an "employee" or an "independent contractor" have been modified. Prior to the modification which was made early in 2006, the IRS used a complex "20 factor" test, which proved difficult to use....
Eastern District of PA Dismisses Liability & Warranty Claims for Medical Device, Predicating Decision on State Lower Court Opinions
In its recent decision, Terrell v. Davol, Inc., et al., the Eastern District of Pennsylvania dismissed both a strict liability claim based on a manufacturing defect and a claim alleging a breach of the implied warranty of merchantability for a medical...
Philadelphia Judge Strikes Loss of Consortium Claim Raised by Same-Sex Couple
In an order issued July 25, 2013, a Philadelphia County Court of Common Pleas judge dismissed a loss of consortium claim raised in a medical malpractice case by a same-sex couple. The underlying case of Wolf v. Associates of Podiatric Medicine and...
Dan Ryan Serves as Panelist
Dan Ryan served as a panelist for How Super Lawyers Use ADR in Their Practice at the Civil Litigation Section Meeting in Philadelphia, PA on October 17, 2013.
OBR Supports PA Elks’ Home Nursing Program
O’Brien & Ryan, LLP was a Premier Sponsor for the Norristown Elks Lodge’s golf outing to raise funds for the Pennsylvania Elks’ Home Service Program. The Program involves services provided by registered nurses to persons with developmental disabilities. We were honored to have the opportuntity to participate and support this great cause.
Tracie Vizza is Faculty for CLE
On July 31, 2013, Tracie Vizza was part of the faculty for “How a Litigation Notebook Can Help You Win”, a CLE given by the Pennsylvania Bar Institute in Philadelphia, PA.
OBR Supports Child Advocacy
On July 27, 2013, attorneys Carolyn Bohmueller, Dorothy Duffy, Marshall Schwartz, Brett Littman, Tracie Vizza, and paralegal Brigid Wixted all participated in the 26th Annual “Run for the Hill of It” in Chestnut Hill, PA, the proceeds of which benefit the Montgomery Child Advocacy Project.
Heather Hansen is Course Planner for Dispute Resolution Institute
On July 23, 2013, Heather Hansen acted as a course planner for The Dispute Resolution Institute’s Depos-for P.I. Lawyers, at the Pennsylvania Convention Center in Philadelphia, PA.
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