Medical Devices and Pharmaceuticals
Rivkin Radler’s attorneys are actively engaged in the representation of major manufacturers of pharmaceuticals and medical devices. Our litigators are well-versed in the unique issues facing such defendants, including navigating FDA regulations, the approval process and its potential impact on a lawsuit, and the inherent difficulties presented by an industry marked by consolidations and mergers.
Whether defending the claim of a single plaintiff, or in multi-district class action litigation, we delve into the challenges presented by the claims themselves, which are generally brought by people who are already sick or injured and often represented by an organized cadre of lawyers who may use “junk science” to establish their claims. We work collaboratively with other defense counsel around the country, be it as lead or local counsel, in order to achieve the best, most cost-effective result for our clients. Our clients include manufacturers and distributors of products ranging from simple devices, such as crutches, ice packs, shower chairs, saline solutions to the complex, including stents, defibrillators, eye lasers, surgical catheters, ventilators, neurotransmitters for pain management, interventional cardiac apparatus and orthopedic implants. We also regularly represent manufacturers and distributors of over-the-counter and prescription medications, such as those used to treat osteoporosis, diabetes, and asthma. In each case, we aggressively defend against the claim that a device or drug is defective merely because it could not help every patient-user.