Wiggin and Dana has a national reputation in the area of pharmaceutical and medical device defense. We have represented companies such as Bayer, Merck, Pfizer, Eli Lilly, Medtronic, Alere, and AstraZeneca, as well as clinical trial lead investigators, in tort litigation involving injury claims from the use of prescription medicines and medical devices. We have national, regional, and local counsel experience, and often work in collaboration with other law firms across the country. Examples of our experience include:
We were retained to defend several hormone therapy cases remanded by the MDL to the District of Connecticut. We co-chaired two cases that were tried to verdict, and played a significant role in the pre, mid, post-trial, briefing on legal issues, evidentiary issues and the charge.
We represented a statin manufacturer in an MDL involving over 10,000 claimants. We were members of the national science and regulatory teams, defended Connecticut cases, and took depositions of patients, prescribers, treaters and case-specific experts. We provided support for several trials across the country.
CABG Surgery Drug
We were part of the manufacturer's science team in national litigation. We prepared witnesses for depositions in the U.S. and abroad. We also were involved in affirmative discovery and took depositions of patients, treaters and cardiac surgeons who had used the drug in cardiac surgery. We also represented the manufacturer in 23 coordinated Connecticut state court cases that were not part of the federal MDL.
We have been retained by the manufacturer to defend several recently filed cases that have been transferred to the MDL.
We have been retained by manufacturers of insulin pumps, embryonic imaging devices, chemotherapy infusion pumps, and coagulation monitoring systems, to defend personal injury cases and provide counsel and risk assessment.
We were on the national manufacturer's sales and marketing team in the MDL and other coordinated state proceedings. We defended depositions of sales and marketing witnesses, including sales representatives.
We were retained by the manufacturer to be regional counsel in mass litigation concerning a popular Cox-2 Inhibitor. We worked up individual cases and took depositions of plaintiffs, prescribers and treaters.
We have been retained by the manufacturer to defend all Connecticut cases in recent litigation concerning a well-known IUD
We were retained by the manufacturer to defend cases filed in Connecticut courts and transferred to the MDL. We were responsible for affirmative discovery in several bellwether pool cases, and deposed plaintiffs, prescribers and treaters.
Academic Medical Institutions & Clinical Trial Lead Investigators
We have been retained by an academic medical institution on several occasions to represent clinical trial lead investigators in responding to third-party subpoenas for documents and depositions concerning clinical trial data.
We were retained by PLAC to file an amicus brief with the Connecticut Supreme Court advocating the recognition of the learned intermediary doctrine in Connecticut. In addition we worked with Prempro national counsel on an appeal to the 2nd Circuit. We also filed a discretionary interlocutory appeal from a Connecticut trial judge's denial of a motion to dismiss for forum non conveniens in which she held that the United Kingdom was an "inadequate alternative forum." The appeal was mooted by the trial court judge's decision to reverse her decision in response to our motion for reconsideration.
We are often consulted by national counsel on questions of pertinent Connecticut law such as the Connecticut Products Liability Act, the Connecticut Unfair Trade Practices Act, applicable statutes of limitations, apportionment, and punitive damages.