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Areas of Law

Healthcare Litigation

Bowman and Brooke's Healthcare Litigation lawyers aggressively defend their clients' businesses, medical products, procedures and services, physicians and allied health professionals. Whether arguing for early dismissals for lack of product identification, making a motion for summary judgment using Daubert challenges or heading to trial, Bowman and Brooke's team which spans seven offices located coast to coast has the depth and experience necessary to critically evaluate claims and strategically defend our healthcare clients wherever and whenever they need counsel in national, regional and local tort litigation. With a continued passion and drive for mastering complex medical, scientific, epidemiological, engineering and regulatory principles, Bowman and Brooke's lawyers deliver legal representation that is innovative and cost conscience.

Drug and Medical Device Litigation
Our experience in advising, evaluating, and defending manufacturers includes both medical devices and pharmaceuticals. Our team has extensive experience in legal and evidence-based motions, such as preemption, Daubert challenges, Learned Intermediary Doctrine and Iqbal/Twombly pleading challenges involving market-share liability. In addition to defending those claims, we monitor regional and national filing trends, evolving case law and emerging regulatory issues. The various medical devices we’ve defended include implantable catheters, latex gloves, orthopedic implants, implantable cardiac care devices, pumps, colonoscopes, blood warming devices, ventilation devices, surgical tapes, hearing aids and vascular access devices, among others. We have pharmaceutical experience defending over-the-counter, prescription, generics and legacy drugs including PPA, dietary supplements, hormone replacement therapy, bowel prep cleansers, oral contraceptives, debriding ointments, antipsychotic drugs, contact lens solutions and cleansers, vaccines, anti-psychotic medications and more.

Medical Malpractice Litigation
Bowman and Brooke attorneys have experience defending multiple types of healthcare clients, including physicians, nurses, hospitals, chiropractors, nursing homes and allied health professionals. We have extensive experience and knowledge resolving medical malpractice claims and lawsuits. And, for those cases that are simply irresolvable, such as when the medical professional was without fault, our trial attorneys are willing and able to take a case all the way to jury, if needed.

Long Term Care and Assisted Living Litigation
Our team of attorneys and nurses have represented long term care facilities and senior citizen residence owners or managers faced with allegations of neglect, abuse (sexual or physical), negligent care and inadequate security.

Long term care litigation is different from traditional malpractice claims. In contrast to a typical medical malpractice case, plaintiffs ignore the resident at issue and instead target their attack directly on the facility and its parent company. We properly focus judges and juries on the resident’s medical history, which often explains medical conditions that occur in the facility. Our team emphasizes the specialized programs and services of each long term care, subacute and/or assisted living facility, which make it unique to the residents who call it home. We also recognize that an allegation of professional wrongdoing not only has significant financial impact, but also involves serious potential risk to the organization’s reputation.

In addition to legal experience, our team is involved outside of the courtroom in several organizations: Arizona Health Care Association, Long Term Care Risk Legal Forum, Southern California Association of Hospital Risk Managers, CALA - California Assisted Living Association and Care Providers of Minnesota.

Access to Leading Experts and Consultants
In addition to employing our own nurses, we also retain nationally recognized consultants who are from the most prestigious hospitals and universities, and at the forefront of their given field—including medicine, epidemiology, FDA regulatory, warnings, general science and a myriad of other healthcare professionals.

Risk Prevention and Regulatory Affairs
Day in and day out, we work hand in hand with nationally recognized FDA and medical consultants to assist our clients in assessing their product warnings and packing inserts, preparation of adverse event reporting, meeting IDE clinical trial requirements, FDA compliance, as well as aggressive strategies to defend against claims and lawsuits. Our lawyers understand the regulatory process of the FDA and have supported clients with supplemental reporting following clinical trial claims as well as FDA documentation for PMA and 510(k) approved device litigation.