Pharmaceutical & Medical Device Litigation

/Overview

NP is counsel to pharmaceutical and medical device companies worldwide. We have a strong track record in litigation associated with innovative and life-saving medical products, including cases questioning safety and efficacy, commercial disputes, corporate management and governance matters, and other bet-the-company lawsuits.

We handle high-stakes cases involving drugs, devices, and surgical instruments, frequently resolving them without claims payments.

Our track record includes favorable Daubert rulings, dismissals in complex litigation, and trying cases to successful verdicts.

In addition, we serve as national counsel when you need uniform coordination of litigation throughout a state or the country.

Rely on our team—a team that knows your industry; a team you can trust with your most sensitive and difficult matters.

/Representative experience

• Start-up pharmaceutical company in expedited arbitration relating to a series of incorrectly calculated earnout payments. The arbitrator awarded our client more than $3 million in reimbursement, plus pre- and post-judgment interest, as well as attorney fees and costs.
• Large pharmaceutical company in expedited trial in Delaware Chancery Court claiming fraud against defendant (a biotech company). Following a six-day bench trial, the court found in our client’s favor on this fraud claim. The court later awarded over $49 million in damages and pre-judgment interest to our client.
• Secured a dismissal on preemption grounds for a multinational life sciences company in federal court. The judge in the case also denied the plaintiffs’ motion to amend the complaint.
• Allergan in an appellate preemption win in a putative class action brought against seven pharmaceutical companies that manufacture and sell eye drops.
• National coordinating counsel for a former prescription opioid manufacturer executive who has been named as a defendant in hundreds of cases nationwide, many of which advance personal injury/wrongful death claims in ongoing federal and state litigation matters.
• Public pharmaceutical company in class and derivative actions challenging a merger on fiduciary duty and disclosure grounds.
• Fortune 500 life sciences company in a dispute involving its Cellular Therapy business and the use of stem cells for chronic myocardial ischemia and critical limb ischemia.
• Medical device manufacturer in a high-profile contested litigation concerning allegations that its patient monitoring equipment did not perform as anticipated.
• Drug compounder that successfully obtained dismissal of a competitor’s claim for unfair competition based on federal preemption, which further defeated competitor’s motion for preliminary injunction, in the Central District of California.
• Medical device manufacturer in a complex commercial arbitration over the interpretation of its marketing agreement.