Pamela Ferguson is a partner in the San Francisco office of Lewis Brisbois and vice-chair of the Products Liability, Class Action & Mass Tort, and Life Sciences Practices. Her practice focuses on the defense of complex multi-party litigation involving mass torts, drug and medical device products liability and toxic tort litigation, with particular emphasis on complex scientific, medical and environmental related issues.
Ms. Ferguson has defended corporate clients, manufacturers of drug and medical devices, retailers and suppliers in a wide variety of litigation with heavy emphasis on class action litigation involving consumer related e-commerce matters, including unfair and deceptive business practices, and alleged violations of state and federal statutes covering a wide variety of topics, including fair credit reporting, expectations of privacy and related litigation. Ms. Ferguson has also acted as insurance defense counsel in construction defect litigation, ground contamination litigation, real estate litigation involving alleged mortgage fraud and related professional liability claims, including landlord-tenant disputes and unlawful detainer matters.
Ms. Ferguson is adept in handling complex actions filed in State and Federal Court relating to mass torts products liability involving pharmaceutical, nutraceutical and consumer goods, including vitamins, herbal supplements, and pet food products; consumer legal remedies and 17200 class action claims.
Ms. Ferguson provides counsel to corporate clients on matters related to federal reporting requirements, market withdrawal and product recall issues and has acted as liaison with FDA investigative panels on product testing and recall procedures.
Formerly, Ms. Ferguson represented Bayer Corporation in complex products liability matters in national and international mass torts litigation and was part of the national trial counsel team on MDL-986 Hemophilia/AIDS Litigation.
Class Action expertise: Ms. Ferguson has successfully defeated certification and defended denial of certification on appeal for various clients. Entities represented include: hospitals (refund of insurance co-payments sought); retailers and telemarketers (Telephone Consumer Protection Act); online commercial agencies (alleged violations of privacy and alleged violations of fair credit reporting); online dating services (alleged deceptive business practices and violations of federal statutes); manufacturers of herbal supplements (alleged false advertising; unfair business practices); manufacturers of medical devices (alleged unfair competition, false advertising and Consumer Legal Remedies). Ms. Ferguson has also defended variety of national class actions and state class action involving alleged data security breaches including defense of fortune 500 companies, online service providers, and counseled clients in compliance procedures with state and federal privacy laws and disclosure obligations. She has negotiated settlements in high-profile, high-stakes litigation involving alleged violations of the TCPA, FCRA and California and federal privacy laws. Ms. Ferguson has recently litigated a class action through trial, which resulted in a defense verdict.
Primary Area(s) of Practice
- Products Liability
- Class Action & Mass Tort
- Life Sciences
- National Trial Practice
- COVID-19: FDA Regulatory/Life Sciences
- American Bar Association
- Incorporated Law Society of Northern Ireland
- Irish American Bar Association
- Barristers’ Association of San Francisco
- Roll of Solicitors, Supreme Court of Judicature, Northern Ireland, 1987
Institute of Professional Legal Studies, Northern Ireland
Articles of Indentureship, 1987
University College Dublin
Bachelor of Civil Law, magna cum laude, 1984
- MDL-986 Hemophilia HIV AIDS Litigation.
- Ms. Ferguson has defended individual physicians in medical malpractice matters, including the coordinated fen-phen litigation proceedings in Southern California.
- Ms. Ferguson has defended individual blood banks in hepatitis C litigation and represented the American Association of Blood Banks in both HIV and hepatitis C litigation.
- Ms. Ferguson has also represented individual pharmacists and pharmacy defendants in wrongful death matters and obtained summary judgment on medical causation.
- Ms. Ferguson has successfully argued before the California Court of Appeals and the Ninth Circuit in defending judgments on appeal.
- Ms. Ferguson has successfully obtained writ review and peremptory writs of mandate granting demurrer and summary judgments. Ms. Ferguson has obtained denial of class certification and defended same on appeal; and has successfully arbitrated class action litigation to defense verdict.
- Ms. Ferguson's commitment to early evaluation and innovative resolution has served to extricate clients in pre-litigation negotiation. She has extensive mediation experience and is dedicated to cost-effective dispute resolution involving creative solutions for multi-party settlements.