Drug and Medical Device

Turner Padget’s attorneys have represented drug and medical device clients in complex litigation claims, intellectual property matters, fraud investigations and regulatory actions.

We regularly address complex pharmaceutical product liability and related claims, including multi-party and multi-jurisdictional cases. Our extensive trial experience and knowledge of expert witnesses allow us to deliver exceptional trial readiness, while permitting us to provide ongoing strategic settlement guidance along the way. Our specific experience includes defending Phenylpropanolamine (PPA), Rezulin, Abilify, chlorine, silica, tobacco, Ephedra, insulin, and hormone replacement therapy (HRT).

Additionally, we have deep experience representing medical device manufacturers in product defect claims. Our team has defended manufacturers of surgical lasers, catheters, prosthetics, artificial joints, isomeric infusion devices, total disk replacement devices, and silicone and saline implants.
 
Our Intellectual Property legal work includes pharmaceutical and medical device patent prosecution and litigation. We support patent portfolio management, as well as licensing and patent prosecution. Our attorneys offer counsel on ownership of patents and inventions, and guidance as to the patentability of techniques and devices, including recommendations on patent breadth, confidentiality and rights to avoid commercial exploitation of ideas and licensing.

Turner Padget attorneys frequently appear before state and federal courts at trial and appellate levels. Drawing on our firm’s rich litigation tradition, our Drug and Medical Device team is well versed in the technical aspects of pharmaceuticals and medical devices.  We have successfully presented highly technical issues to judges and juries alike. Our attorneys stay current with cutting-edge legal developments as they pertain to defending drug and medical device manufacturers and distributors, including federal pre-emption, Food and Drug Administration (FDA) pre-market approval and testing, class action pharmaceutical and medical device litigation, as well as litigation resulting from clinical trials.

Turner Padget currently defends several pharmaceutical companies in Average Wholesale Pricing (AWP) litigation instituted by the State of South Carolina. Our firm frequently represents drug and medical device manufacturers in fraud litigation and governmental investigations. We have advised on a study commission evaluating hospital costs and charges, including resource-based pricing of services and implantation devices.

Experience

Litigation

  • Currently defending the manufacturer of a device prescribed for post surgical pain control and management in cases in which the patients developed post-arthroscopic glenohumeral chondrolyis (PAGCL).
     
  • Defended one of the largest manufacturers of surgically implanted spinal devices in litigation arising from adverse surgical events.
     
  • Represented the manufacturer of an electro-surgical pencil unit for cauterization involving injuries to a patient discovered during his recovery from surgery. The patient alleged that the unit was defective and caused a burn on his leg. This was a complex product defect claim against the manufacturer that was dismissed.
     
  • Defended the manufacturer of an antidepressant drug wherein the plaintiff alleged that the drug altered his mental status and caused him to commit sexual assault. We also represented the same manufacturer in another matter in which a plaintiff’s decedent committed suicide. 
     
  • Represented the manufacturer of a clot-buster drug in a wrongful death case in which both plaintiffs withdrew.
     
  • Defended a radiology facility regarding its undersized MRI unit resulting in the case settling as a product misuse. 
     
  • Represented several pharmaceutical companies in off-label use claims, with the combination of companies totaling more than six large, well-known pharmaceutical firms.
     
  • Successfully represented several drug manufacturers in over-the-counter medication claims. 
     
  • Successfully obtained dismissal of a product defect suit against a French manufacturer of basket catheters for claims related to defective products, resulting in infections.
     
  • Successfully argued a case before the Fourth Circuit twice: once in front of a panel and once before en banc court. The case involved allegations of birth defects following the administration of Depo-Provera administered by a federal health clinic at Shaw Air Force Base.
     
  • Successfully represented the manufacturers of various over-the-counter pharmaceuticals in product defect, negligent design and packaging, negligent failure-to-warn, and other product liability claims.

Intellectual Property

  • Obtained patents for diagnostic devices for detecting analytes relative to toxins, antibodies, antigens, hormone receptors, parasites, cells, metabolites, allergens, blood proteins, enzymes, microorganisms, proteins and various drugs (abuse or therapeutic).
     
  • Secured patents for devices and methods of high-speed pharmaceutical processing, such as determining chemical composition and purity of pharmaceutical tablets, powders and liquids.
     
  • Obtained patents for medical devices such as catheters and stents.
     
  • Negotiated and managed IP option agreements and development licenses, for example between a research physician and a university development office for commercialization of new medical technologies.

Representative Clients

Abbott Laboratories
Alpharma
BASF Corporation
Bayer
Bristol-Myers Squibb
CIBA-Geigy Chemical Corp.
I.C. Medical, Inc.
Johnson & Johnson
Novartis Pharmaceuticals Corporation
NuVasive, Inc.
PurePac Pharmaceuticals
Symbios Medical Products
Watson Pharmaceuticals, Inc.