Pharmaceutical & Medical Device Litigation

For companies dedicated to improving human life through medical advances, we provide sound counsel to help manage risk, respond to investigations and quickly resolve disputes so our clients can focus on what matters most.

Our Approach

Pharmaceutical, medical device and life sciences products are in constant demand.

Litigation presents ongoing risk and quick resolution is critical. Using in-depth analysis, expert medical opinions, reviewing medical literature and applicable law, we develop cost-effective strategies to resolve our cases.

Not only do we help companies assess risk and get the best possible results, we set legal precedent and play an important role in establishing laws that benefit the industry.

We understand the difficulties of shepherding products through clinical trials, regulatory processes and ultimately bringing them to market.

Our unique blend of legal, scientific, technical and market experience includes a wide array of pharmaceutical and medical device products. We’ve resolved numerous spinal implant and latex glove cases without claim payments by our clients.

We’ve also successfully handled many other types of cases, including:

  • Diabetic drugs
  • NSAIDs
  • Blood products
  • Hip implants
  • Intraocular lenses
  • IUDs
  • Breast implants
  • Collagen implants

Quick resolutions to disputes are critical to a company’s success and the reputation of its product. We pursue early case disposition whenever possible. If trial is unavoidable, we aggressively defend cases in the courtroom at a national, regional and local level.

Who we work with

  • Pharmaceutical, medical device and life sciences companies

Consumer protection – preemption – eyedrops

Massachusetts Lawyers Weekly | August 28, 2018

Litigation Department head Scott O’Connell is mentioned in this case summary for his role as co-counsel for a group of pharmaceutical companies. The companies successfully defended a suit by a class of customers seeking to force changes to the design of the companies’ eyedrops bottles.

1st Circuit says challenge to Rx eyedropper size preempted

Law360 | August 27, 2018

Nixon Peabody is mentioned in this article as co-counsel for a group of pharmaceutical companies who won dismissal of a First Circuit class-action suit regarding the design of their eyedrop bottles.

Attorney cites 1st Circuit in seeking contempt in Biolitec IP case

Law360 | April 26, 2018

Albany commercial litigation partner Bill Reynolds is mentioned in this story for his representation of AngioDynamics Inc. in an ongoing dispute with Biolitec AG.

GSK Zofran users bicker over scope of patient discovery

Law360 | April 25, 2018

Boston government investigations and white collar defense partners Mark Seltzer and Brian French are mentioned in this story for their representation of pharmaceutical company GlaxoSmithKline in a lawsuit brought by users of its anti-nausea medication Zofran.

Judge will hear GSK's arguments to dismiss Zofran MDL

Law360 | November 11, 2016

This story covers a recent decision by a Boston federal judge to hear GlaxoSmithKline’s (GSK) arguments to discuss some cases and claims from its multidistrict litigation focused on the anti-nausea medication Zofran.  Boston Government Investigations & White Collar Defense partner Mark Seltzer and Commercial Litigation associate Josh Barlow are noted as representing GSK.

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