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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Federal Judge Reprimands Defense Counsel After Delays Regarding Slip-and-Fall Settlement
In an opinion issued April 23, 2013, U.S. District Chief Judge J. Curtis Joyner denied a plaintiff’s motion to enforce settlement, while at the same time, admonishing defense counsel for their role in delaying the same. The underlying case of Mackrides...
Superior Court Rules on Whether to Include Medicare in Verdict Payment
In a three judge panel's decision filed on November 17, 2010, the Superior Court in Zaleppa v. Seiwell affirmed an order of the trial court entered on October 26, 2009, which refused to allow the Appellant to pay the underlying verdict either (1) by naming...
3rd Circuit Court of Appeals Upholds Earlier Prediction Regarding Adoption of Third Restatement in Pennsylvania
In an opinion issued on July 12, 2011, the United States Court of Appeals for the Third Circuit held that a defendant in a products liability case can rely on evidence that a product satisfied the standards of the U.S. Consumer Product Safety Commission. In so...
PA Superior Court Rules Pre-Accident Mental Health Records are Discoverable
In an April 26, 2010 opinion authored by the Honorable Mary Jane Bowes on behalf of a three-judge panel, the Pennsylvania Superior Court unanimously ruled that pre-accident mental health records are discoverable when plaintiffs claim they have suffered anxiety as a...
Common Pleas Court Holds That Attorney-Client Privilege Protects Communications Between Co-Defendants Engaged in Joint Defense
A Philadelphia judge has ruled that the attorney-client privilege protects communications between parties in a civil case who are engaged in a joint defense effort. Executive Risk Indemnity, Inc. v. CIGNA Corp., 2006 Phil. Ct. Com. Pl. Lexis 328 (2006). This...
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