Vivian M. Quinn
Partner
Deputy Chair, Litigation Department
Deputy Practice Group Leader, Products: Class Action, Trade & Industry Representation

Practice Areas

Experience

Vivian Quinn is experienced in all aspects of civil litigation with primary emphasis on national, regional, and local products liability matters. Ms. Quinn devotes a significant amount of her time to defending medical device and pharmaceutical companies as well as counseling clients regarding safety and regulatory compliance. Her background in mathematics, science, and law combine to provide clients with the best possible representation in matters related to these fields.

Ms. Quinn is a member of the Defense Research Institute’s (DRI) Drug and Medical Device Steering Committee and serves on several editorial boards for law and strategy publications. She has also contributed to numerous publications, including Rx for the Defense, the newsletter of the DRI Drug and Medical Device Committee (editor and contributor); Consumer Product Safety Primer: An Introductory Guide to the Regulatory System; and State Surveys of Products Liability and Toxic Tort Law.

Ms. Quinn has been recognized for exceptional standing in the legal community by International Who's Who of Life Sciences Lawyers (2010).

Recent Publications

• “Medical Monitoring Claims: Intrusion into FDA’s Regulatory Mandate?” (with T. Ehlers), DRI For the Defense, Pharmaceutical and Medical Devices, July 2008.
• “Presumption of Innocence: FDA’s Authority to Regulate the Specifics of Prescription Drug Labeling and the Preemption Debate,” Food and Drug Law Journal, December 2006.
• “Further Reductions in Punitive Damages Awards – Recent Trends (I and II)” (with B. Eckman), Product Liability Law and Strategy, Spring 2005.
• “Pharmaceutical and Medical Device Immunity From Design Defect Claims,” ABA Section of Litigation, TortSource, Summer 2004.
• “Rogue Online Drugstores—A Threat to Health and Safety” (with J. Herstek), Pharmaceutical and Medical Device Law Bulletin, July 2004.
• “Promotion of Drugs through Internet Pharmacies: What You Don’t Know Can Hurt You” (with J. Leghorn and J. Herstek), ACI conference, “Minimizing Legal Risks in Drug Advertising and Promotion,” June 2004.
• “Phony Pharmaceuticals: The Bitter Pill” (with P. Glass), Rx for the Defense, Winter 2004.
• “A Look at Attempts to Gain Jurisdictional Advantage in Pharmacist Liability Cases” (with J. Herstek), Pharmaceutical and Medical Device Law Bulletin, December 2002.
• “Metaphors of Association: Justifying Decisions as to Medical Causation,” Pharmaceutical and Medical Device Law Bulletin, May 2002.
• “Pulling the Blanket of Immunity over Design Defect Claims (The ‘Reasonable Physician’ Standard)” (with D. Olson), DRI For the Defense, Pharmaceutical and Medical Devices, June 2001.
• “Design Defect Claims for Drugs and Devices: ‘Blanket Immunity’ Continues to Unfold” (with D. Olson), Pharmaceutical and Medical Device Law Bulletin, January 2001.

Admissions

Ms. Quinn is admitted to practice in New York and Massachusetts, all federal courts in New York and the U.S. Court of Appeals for the Second Circuit.

Education

New York University, J.D.
Columbia University, M.A.
University of Notre Dame, B.S.

Affiliations

Court-appointed mediator for the United States District Court for the Western District of New York; Editorial board, Pharmaceutical and Medical Device Law Bulletin; Editorial board, Product Liability Law & Strategy; Steering committee, DRI Drug and Medical Device; American, New York State, and Erie County bar associations; Defense Research Institute; DRI Drug and Medical Device Committee; Western New York Defense Trial Lawyers Association; Western New York Trial Lawyers Association; Board of directors, officer, Heritage Foundation.