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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Negligence Of Client Is Affirmative Defense In Legal Malpractice Case
The Pennsylvania Superior Court, in a matter of first impression, has held that the negligence of a client may be raised as an affirmative defense in a legal malpractice action that is based upon negligence. Gorski v. Smith, 812 A.2d 683 (Pa. Super. 2002),...
PA Supreme Court Considers Effect of Factual Admissions on Grant of Summary Judgment in Med Mal Action
In Stimmler v. Chestnut Hill Hospital, 602 Pa. 539, 981 A.2d 145 (2009), the Pennsylvania Supreme Court recently had the opportunity to consider the effect of factual admissions on the grant of summary judgment in a medical malpractice action. The...
Fewer Medical Malpractice Filings in Pennsylvania a Result of 2003 Reforms
The number of medical malpractice suits filed in the Commonwealth of Pennsylvania dipped slightly in 2008. This decrease may be attributable to two reforms instituted in 2003. These measures included a requirement that a medical malpractice case be filed in the county...
Superior Court of Pennsylvania Reinforces Liberal Standard For Qualification of Expert Witness
On January 4, 2008, the Superior Court of Pennsylvania reinforced the liberal standard for qualification of an expert witness. In Novitski v. Rusak, on appeal from the Court of Common Pleas of Luzerne County, the Superior Court affirmed the decision of the trial...
Superior Court Denies Appeal After Applying Elements of ‘Res Ipsa Loquitur’
On September 7, 2007, in a unanimous opinion regarding MacNutt v. Temple University Hospital, 2007 Pa. Super. 279, 932 A.2d 980 (Pa. Super. 2007), lead by Judge Gantman, the Pennsylvania Superior Court reviewed the trial court’s refusal to allow the...
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