McGlinchey Stafford’s Pharmaceutical & Medical Device Litigation team has represented clients at the trial and appellate levels in high-profile, high-stakes drug and device litigation. We have defended major drug and medical device manufacturers, their subsidiaries, and smaller independent manufacturers in claims involving vaccines; prescription pharmaceuticals; over-the-counter (OTC) drugs; food additives; and medical, orthopedic, and surgical devices.
Whether serving as national coordinating counsel or as local counsel, our attorneys work closely with firms across the country on single-plaintiff and class action litigation. The firm has a decades-long history of representing multinational manufacturers throughout the country. In addition, Gary Hebert and Deirdre McGlinchey serve as regional counsel for some of the world’s leading manufacturers. We understand the dynamics of these different roles and seek to form an effective, collegial team focused on our clients’ interests. This broad experience has helped us develop a nationwide network of defense counsel, experts, and other litigation support resources. We rely on this network not only at trial but also to provide analysis of regulatory developments and litigation trends in the pharmaceutical industry.
We have particular experience handling national, large-scale claims and class action lawsuits. McGlinchey Stafford served as national counsel for a manufacturer in the multidistrict bone screw litigation and was selected as national counsel for one of five manufacturers of L-Tryptophan in litigation about that product. We served as Louisiana counsel for the primary defendant manufacturer in diet drug litigation that involved the defense of more than a thousand claims in Louisiana, in class action and individual litigation that involved an implantable contraceptive, and in a putative class action about an analgesic. More recently, our attorneys have worked in litigation involving hormone replacement products and surgical mesh implants. McGlinchey Stafford has also served as counsel for several drug manufacturers in a prescription drug price-fixing matter.
Our team members have a wide range of experience in the field of healthcare products. Among the products defended, vaccines have been a frequent subject of litigation, including the diphtheria-pertussis-tetanus (DPT) vaccine, influenza vaccine, hepatitis B vaccine, and Sabin oral polio vaccine. We have also defended many prescription drugs: antinauseant and antiemetic products, steroids, nonsteroidal anti-inflammatory drugs (NSAIDs), psychotropic and neuroleptic products, diuretics, tranquilizers, analgesics, antibiotics, antihypertensives, and oral contraceptives. OTC pain relievers, eye drops, infant formula, laxatives, and veterinary products have also posed a variety of issues in their unique regulatory context.
McGlinchey Stafford lawyers are well versed in medical device regulations, having handled cases involving artificial joints, surgical instruments, pacemaker leads, hypodermic needles, urinary sphincters, surgically implanted infusion pumps, cardiac and arterial catheters, breast implants, dental supplies, electrosurgical units, and other health-rated devices.
Our experience with these listed drugs and devices includes products subject to a wide variety of FDA approval and regulatory procedures, ranging from 510(k) notifications, premarket approvals, and monographs to new drug applications and all the classes of device approval. Our attorneys have advanced multiple arguments on federal preemption and on the protections available for manufacturers of drugs and devices under the Louisiana Products Liability Act. We have represented manufacturers of products approved under 510(k) clearances and new drug applications, and have dealt with FDA preemption and protections for manufacturers of these drugs and devices.
In addition to representing manufacturers directly, we have also represented them through their insurers in drug and device litigation. Our insurance company representation includes insurers large and small; we have represented global insurers and specialty insurers of non-prescription and other OTC medical product manufacturers, wholesalers, and retailers. Our attorneys are experienced with the need to balance the interests of the insurers and insureds and are committed to making sure both parties are kept informed throughout each step of a matter and through all steps in determining the litigation strategy.