The challenges facing innovators in the Life Sciences arena continue to expand with the acceleration of emerging medical techniques, devices, therapies, and pharmaceuticals born from rapidly evolving medical and scientific advancements. Lewis Brisbois’ Life Sciences team offers a focused approach that is comprehensive, cost effective, and results-oriented. From coast to coast, our lawyers utilize their extensive experience representing clients both in the context of multi-state mass tort claims and catastrophic injury cases. Our attorneys, who are respected on a national basis, are experienced in assimilating the science, identifying core issues, retaining renowned experts, and efficiently achieving favorable resolutions.
Mass Tort: Our lawyers have extensive trial and litigation experience in handling of mass tort matters, having served or currently serving as national coordinating counsel in various MDLs involving a diet drug company, orthopedic bone screw [pedicle screw] litigation for an international medical device manufacturer, human tissue litigation [arising out of the theft of hundreds of bodies], pediatric dental lawsuits, generic pharmaceutical litigation, and suits arising from the spread of fungal meningitis transmitted by a steroid product distributed by a compounding pharmacy.
Catastrophic Injury: Our team works directly with insurers in the oversight and management of catastrophic injury cases. In this role, we advise both insurers and defense counsel on the medical and scientific issues raised throughout the litigation and work diligently to identify and retain individuals whose experience best meets the needs of each case. Past cases have included issues relating to: intraoperative neurophysiologic monitoring during spinal surgery, mechanical ventilation, cardiopulmonary bypass equipment, electronic fetal monitoring, treatment planning and delivery of intensity modulated radiation therapy for primary cancers, anaphylactic shock, spinal epidural abscess, tampon induced toxic shock syndrome, Lazarus syndrome [auto-resuscitation after failed cardiopulmonary resuscitation], suicide in a psychiatric facility, traumatic cervical spine fractures, kyphoplasty, vertebroplasy, spinal disc replacement, spinal epidural abscess, mid-gut volvulus, uterine rupture, placental abruption, sepsis leading to the removal of all limbs, and pedicle screw spinal fusion surgery.
Pharmaceuticals and Medical Device Manufacturers: Lewis Brisbois’ attorneys represent brand and generic pharmaceutical manufacturers and medical device manufacturers in state and federal court litigation involving mass tort and catastrophic injury. Additionally, the Life Sciences team has monitored, analyzed, and advised insurers on legal issues relating to and affecting drug and device manufacturers.
Medical Malpractice: Lewis Brisbois’ Life Science team has extensive experience in the defense of nursing homes, surgical centers, physicians, dentists, psychologists, chiropractors, nurses, therapists, radiation dosimetrists, paraprofessionals, and other health care providers. The firm’s Medical Malpractice Defense team has aggressively defended our clients against numerous claims of medical malpractice involving serious injury and death. The team’s focus is to vigorously defend all cases through trial where necessary, while pursuing opportunities to obtain early dismissals through motion practice. Our team of experienced attorneys are also adept at the early identification of problem cases that may be appropriate for early resolution through mediation, arbitration, and settlement.
Coverage: In addition to meeting the liability defense needs of its clients, the Lewis Brisbois team provides coverage advice and counsel to its insurance company clients on matters arising under medical professional and life-sciences liability insurance policies. Our attorneys have significant experience in matters involving claims-made and occurrence based policies on a wide range of issues including policy trigger, allocation, scope of coverage, and issues concerning the duty to defend. Where necessary, our attorneys are prepared to file declaratory judgment actions to enforce our clients' rights under these policies.