Industries: Life Sciences

Product Liability & Commercial Litigation

No other country is as litigious as the United States, and few companies attract as much scrutiny and criticism as those in the life sciences industry. Given that: (1) the risk-benefit analysis inherent in making medicines and medical devices; (2) the variability of human biology and hence of the interaction between product and end-user; (3) the intricate, pervasive, and shifting FDA regulatory scheme; and (4) the highly competitive market place, perhaps litigation is inevitable. And too often, the litigation is of "bet-the-company" magnitude, in part because adversaries are fiercely determined, exceedingly well-funded, highly coordinated, and very sophisticated. Manufacturers must manage each litigation matter in the context of other possible litigation and regulatory, media, and shareholder repercussions. We partner with our clients and industry groups to take the long term view and work with clients not only to positively conclude individual cases, but to implement appellate strategies to limit any future exposure.

Manufacturing and promoting medical devices and pharmaceuticals can at times result in unique product litigation challenges. When facing claims or litigation, manufacturers need counsel with FDA-related knowledge and experience to mount a comprehensive defense. History has shown that the very survival of a company may depend on it. Many decades of experience defending products liability have established McGuireWoods as an experienced leader in this area.

We have defended companies in individual cases, served as coordinating counsel in nationwide products liability litigation, and managed class actions and multidistrict litigation. Our lawyers have defended an array of devices (implantable drug delivery systems and catheters, to name a few), pharmaceuticals (opioids, antibiotics and other medicines), and biological products (vaccines) in courts not only in jurisdictions where we have offices, but around the world. To defend product liability claims requires not only significant legal experience, but also a thorough understanding of the complex scientific engineering and medical principles involved in each case. Our product liability team includes attorneys with advanced medical and engineering degrees. Whether the product is well-established or cutting edge, our experience in defense of these types of claims allows us to defend clients against some of the nation's most aggressive plaintiffs' counsel.

On the life sciences industry team, we capitalize on our people and the breadth of their knowledge and experience about FDA-regulated products. Clients who seek out solid litigation experience typically find that together, we can also develop strategies to reduce or avoid litigation.