Vivian M. Quinn

Vivian Quinn is experienced in all aspects of civil litigation with primary emphasis on managing national and regional engagements. She has exceptional case management skills, and provides critical coordination and communication on complex matters.

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.


  • “‘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.

7th Circuit says Wisconsin regulators have toxic dust handled

Law360 | May 27, 2021

This article covers a court’s unanimous refusal to revive litigation claiming that client SPX Corp. contaminated Wisconsin properties, with the panel noting a lower court was correct to find the requested injunctive relief improper. Buffalo partner Vivian Quinn, Long Island partner Joe Ortego, and Buffalo counsel Laurie Bloom and Tracey Scarpello, all of the Complex Commercial Disputes group, led the successful defense of SPX.

Bayer Ducks Suit Over Birth Control Device Defect Claims

Law360 | June 25, 2020

This article, covering a federal judge’s dismissal of claims against NP client Bayer Corp. related to the company’s Essure birth control device, mentions Buffalo Complex Commercial Disputes partner Vivian Quinn and counsel Tracey Scarpello for representing Bayer.

“Ascertainability” in pharmaceutical and medical device cases

Defense Research Institute | September 04, 2019

Complex Commercial Disputes partner Vivian Quinn and associate Tracey Scarpello, both of the Buffalo office, co-wrote this article in the Defense Research Institute’s publication, analyzing the impact of the ascertainability requirement on pharmaceutical and medical device class actions.


Vivian M. Quinn

Deputy Practice Group Leader, Products: Class Action, Trade & Industry Representation


Phone: 716-853-8134

New York

Phone: 212-224-7615

Fax: 716-853-8109

New York University, J.D.

Columbia University, M.A.

University of Notre Dame, B.S.

New York


U.S. Court of Appeals, Second Circuit

U.S. District Court, Eastern District of New York

U.S. District Court, Northern District of New York

U.S. District Court, Southern District of New York

U.S. District Court, Western District of New York

Vivian was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2022 in the fields of Mass Tort Litigation/Class Actions—Defendants and Product Liability Litigation—Defendants. She has been listed in Best Lawyers since 2014. Vivian was named Best Lawyers® 2021 Mass Tort Litigation/Class Actions—Defendants “Lawyer of the Year” in Buffalo.

Vivian has also been recognized by The Legal 500 (2013–present) in the area of Dispute resolution—Product liability, mass tort and class action—Defense. She was recommended in The Legal 500 United States 2021 editorial for Industry focus - Transport: aviation and air travel - litigation and regulation. Vivian was also recognized by the International Who’s Who of Life Sciences Lawyers (2012–present); and by LMG Life Sciences (2013–present) as a “Life Sciences Star.”

Vivian is a court-appointed mediator for the United States District Court for the Western District of New York and serves on the Editorial Board of LJN Product Liability Law & Strategy. She is a member of the Defense Research Institute (DRI) Drug and Medical Device Committee (serving on the Steering Committee), the American, New York State and Erie County bar associations, the Western New York Defense Trial Lawyers Association, and the Board of Directors for Buffalo Prep.

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