Vivian M. Quinn

What do you focus on?

I devote a significant amount of time defending food, pharma and medical device companies as well as counseling clients regarding safety and regulatory compliance. My background in mathematics, science, psychology and law combine to provide clients with the best possible representation in matters related to these fields.

What do you see on the horizon?

I have been following developments regarding economic damage class actions (primarily in the food industry) and will be helping clients fine tune defense strategies in this arena.

Other Experience

Vivian 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.

As Nixon Peabody’s Litigation Department Resource Partner, she leads team efforts and ensures projects are staffed with the right resources and with strong commitment and communication throughout the process.

Publications

• “‘Ascertainability’ in Pharmaceutical and Medical Device Cases” (with T. Scarpello), DRI For the Defense, September 2019
• “Change is Coming in ‘Healthy’ Food Labeling Requirements” (with B. Dwyer), LJN Law and Strategy, July 2017.
• “Why the Rise of Ascertainability Signals the Fall of ‘All Natural’ Consumer Class Actions” (with A. Galdieri), LJN Law and Strategy, January 2015.
• “Food Labeling Claims: Differing Approaches” (with T. Ehlers), Product Liability Law & Strategy, June 2014.
• “International Cooperation in the Regulation of Nanotechnology” (with B. Dwyer), Product Liability Law and Strategy, January 2013.
• “Overview of 2011 Food Safety Legislation” (with T. Ehlers), Product Liability Law and Strategy, June 2011.
• “Class Certification Denied in Two Pharmaceutical Cases Alleging Economic Harm as a Result of Drug Advertising/Marketing Campaigns” (with J. Leghorn), Pharmaceutical, Medical Device and Life Sciences Alert, April 2009.
• “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.