Medical Devices & Pharmaceuticals

Wheeler Trigg O'Donnell attorneys have broad experience in pattern, product liability, and class-action litigation for a number of companies that develop, manufacture, and market pharmaceuticals and medical devices.  This experience, together with our attorneys' varied backgrounds in science and technical fields, including chemistry, physics, and engineering, make for a winning combination in the defense of lawsuits arising from the use of pharmaceuticals, medical devices, and cosmetic implants.  In addition, our attorneys have experience managing complex mass tort and multi-district litigation involving teams of attorneys and medical experts.

WTO attorneys have extensive experience on a national, regional, and state basis with the various defenses and strategies used in the discovery and trial of pharmaceutical and medical-device lawsuits, including product identification, medical causation, FDA compliance, allegations of insufficient warnings and product defects, Daubert issues, and coordination of witnesses, documents, and experts.  Our attorneys assist pharmaceutical and medical-device companies in the following kinds of litigation matters:

  • Product liability
  • Pattern litigation
  • Class actions
  • Regulatory
  • Commercial
  • Employment
  • Insurance coverage
  • Intellectual property, including copyright infringement, discovery and protection of electronic data, licensing, trade secret misappropriation

The following is a representative sample of our litigation work in the pharmaceutical and medical-device industries:

  • WTO is one of 19 firms in the Pfizer Legal Alliance, a network of law firms handling Pfizer Inc's litigation.   Currently, WTO serves Pfizer as national counsel in product-liability litigation alleging wrongful death and personal injury related to Pfizer's SSRI medication Zoloft® (sertraline HCl) and its anticonvulsant medication Neurontin®
  • WTO is national trial and resolution counsel for GE Healthcare in hundreds of cases involving its gadolinium-based contrast agent, OMNISCAN™. 
  • WTO is national coordinating and trial counsel for the defense of product liability suits involving cochlear implants, a highly complex Class III medical device manufactured by Advanced Bionics, a leading manufacturer of neurostimulation devices. 
  • Since 2002, WTO has represented Guidant Corporation and its subsidiary EndoVascular Technologies, Inc. as part of the national trial counsel team defending product liability lawsuits involving the Ancure Endograft System, a Class III medical device used to treat abdominal aneurysms.
  • For Solvay Pharmaceuticals, Inc., WTO has handled product-liability litigation arising from the Columbine High School incident and involving the use of the SSRI medication Luvox® (fluvoxamine maleate). 
  • In connection with the diet drug Fen-Phen manufactured by Wyeth, WTO has been lead trial counsel for lawsuits in the state of Louisiana and co-counsel for lawsuits in the state of Utah.
  • The firm has acted as Colorado counsel for Baxter Healthcare Corporation (nka Baxter Healthcare, S.A.), Baxter International, Inc., and Allegiance Healthcare Corporation in product-liability cases arising from the use of latex gloves. 
  • WTO attorneys have handled product-liability lawsuits for Boston Scientific Corporation regarding vaginal slings used in the treatment of urinary incontinence. 
  • WTO attorneys have litigated numerous suits for Stryker Howmedica Osteonics arising from the use of prosthetic hip and knee joints.