Adams and Reese has defended a variety of pharmaceutical manufacturers against product liability claims, including class actions, for over 35 years. We have served as national, regional and local counsel, and, in more recent years, participated in virtual law firm models where our attorneys staffed discovery and expert development teams in national class actions and MDL proceedings.
We have experience handling cases involving a wide variety of pharmaceuticals, including those used to treat diabetes, mood disorders, clotting defects, high cholesterol, and inflammatory disorders, as well as cardiovascular drugs, anticonvulsants, and contraceptives. Our medical device experience includes hip and knee implants, breast implants, infusion pumps, aneurysm clips, dialysis machines, and laparoscopic and cardiovascular instruments. To manage our clients’ cases efficiently, we rely on current medical, scientific and technical information, and regularly work with highly respected consultants and experts.
Our team, which includes fellows of the American College of Trial Lawyers and the International Society of Barristers, has experience trying cases across the southern states of Alabama, Florida, Louisiana, Mississippi, South Carolina, Tennessee, and Texas.
In addition to consumer class actions, our attorneys have defended companion state attorney general cases for pharmaceutical and medical device clients, and have addressed issues such as drug and device marketing, false claims and consumer fraud, state Medicaid reimbursement, and health insurance plan benefits.
Adams and Reese is home to a highly skilled appellate team that has handled appeals of pharmaceutical cases, including some for which we have been retained by the client after another law firm tried the case. Our team members have argued cases in the United States Courts of Appeals, as well as in state appellate courts across the southeast.
- Obtained a precedent-setting appellate victory on behalf of a major pharmaceutical company when the Louisiana Supreme Court reversed a jury’s award in excess of $330 million, which had been affirmed by a court of appeal. The Louisiana Attorney General had charged that the company had violated Louisiana's Medical Assistance Program Integrity Law (MAPIL), meant to prevent fraud and abuse by health care providers, on the grounds that it made allegedly false claims related to one of its drugs. In its first interpretation of MAPIL, the Louisiana Supreme Court agreed with the company that the Attorney General had failed to satisfy the elements for any of its claims under the statute.
- Obtained dismissal of a national class action and over a hundred individual Louisiana personal injury suits against a manufacturer of over-the-counter cough and cold medications containing phenylpropanolamine (PPA) and allegedly associated with hemorrhagic and ischemic strokes. All but a few individual claims were dismissed and the remainder settled for a small fraction of the original demand.
- Served as local counsel for a pain pump manufacturer in a matter in which a plaintiff alleged injury due to the articular administration of pain medications.
- Obtained defense judgments for a drug manufacturer in two Louisiana wrongful death cases involving an antidepressant drug allegedly associated with suicidality and suicide ideation.
- Defended the manufacturer of an injectable contraceptive against claims related to osteoporosis and obtained summary judgment under the Learned Intermediary Doctrine.
- Handled Louisiana claims of personal injury filed against two manufacturers of orthopedic implants.
- Served on national discovery and expert development teams in the defense of claims alleging heart valve and other cardiac complications from a combination of diet drugs. In this role, our firm coordinated discovery of fact and treating physician witnesses, recruited cardiology experts, and facilitated production of expert witness reports in cases arising across the southern United States.
- Handled a case filed against a device manufacturer involving an allegedly defective syringe.
- Acted as local counsel for a biotechnology company in a test case related to its injectable multiple sclerosis drug, and developed what became the nationwide strategy for defense of future claims against the company that involved informed consent on the part of the patient.
- Defended a healthcare provider in a case involving appropriate use and design of total knee implant device.
- Served on a national discovery team and defended New Jersey, Florida and Louisiana claims against the manufacturer of an antipsychotic drug allegedly associated with diabetes and other health issues.
- Defended and achieved a nominal settlement of a claim against the manufacturer of a laparoscopic retrieval device after a piece was retained in the patient following surgery.
- Obtained early dismissal, before an answer was filed, of all claims except fraud in Louisiana Attorney General suit against a manufacturer of diabetes medication. The suit alleged fraud, unjust enrichment, redhibition, violation of the Louisiana Unfair Trade Practices Act (“LUTPA”), and violation of the Louisiana Medical Assistance Program Integrity Laws (“MAPIL”), the last of which the trial judge referred to as the “main thrust” of the suit.
- Defended the manufacturer of a laser eye surgery device in multiple claims arising from a recalled quantity of blades and obtained reimbursement of legal fees and costs from the component manufacturer responsible for the product defects.
- Defended a factor concentrate manufacturer against a statewide class action in Louisiana alleging HCV transmission and more than 100 individuals claiming HIV transmission.
- Defended Louisiana claims filed against a pharmaceutical manufacturer relating to its anticonvulsive medications.
- Defended a Louisiana claim against the manufacturer of a biologic anti-inflammatory medication.
- Defended a healthcare provider against over 300 individual claims and class action that alleged improper off-label use of a bone filler device in cervical spine surgeries.
- Defended and/or coordinated approximately 150 individual or class action lawsuits in Alabama, Arkansas, Kentucky, Mississippi, and Tennessee where physicians were named along with pharmaceutical company with wide range of pharmaceutical products, including diet drugs and oral contraceptives.
- Obtained 12(b)(6) dismissal on behalf of a global health care and pharmaceutical products company in a negligence suit filed by a participant in a clinical trial of its time-release pain medication.
- Defended a healthcare provider in a case involving appropriate use and design of an arterial closure device used in cardiac catheterization.
- Obtained summary judgments for the manufacturers of a branded drug in its defense against Mississippi Product Liability Act and common law misrepresentation claims that long-term use of the generic form of the drug caused a neurological disorder. Defeated claims related to off-label promotion of the same drug in Louisiana as well.