Bowman and Brooke LLP’s Medical Device Litigation practice is comprised of experienced trial lawyers serving as national, regional and local counsel in some of today’s most high profile individual and mass tort litigation. With a passion and drive for mastering complex medical, scientific, epidemiological, engineering and regulatory issues, Bowman and Brooke's lawyers deliver legal representation that is innovative, cost conscious and complements core business objectives.
Whether arguing for early dismissals for lack of product identification, recruiting and developing testifying experts, arguing before the JPML, making
Daubert challenges to plaintiffs' experts, opposing class certification or heading to trial, Bowman and Brooke's medical device team has the depth and experience necessary to critically evaluate claims and aggressively defend our healthcare clients.
Our team has extensive experience in arguing legal and evidence-based motions such as preemption,
Daubert-related expert challenges, the learned intermediary doctrine and
Iqbal/Twombly pleading challenges. We prepare and defend company witnesses in the areas of regulatory compliance, drug safety, clinical trials, risk assessment, medical/scientific developments, marketing and promotion. In addition to defending claims, we monitor regional and national filing trends, evolving case law, medical and scientific journals, and emerging regulatory issues, and we author articles and make presentations on cutting edge issues.
The medical devices we have defended include implantable catheters, latex gloves, orthopedic implants, breast implants, implantable cardiac care devices, drug-eluting heart stents, infusion pumps, colonoscopes, blood warming devices, ventilation devices, ventral/cervical spinal fixation drills, surgical tapes, syringes, cold therapy devices, hearing aids, apnea monitors, FHR monitors, thora-seal auto-transfusion kits, epilight photoderm, multi-purpose contact lens solutions and vascular access devices. We have defended several of these products in the "mass tort" setting.
Day in and day out, in our capacity as National Coordinating Counsel in pattern litigation and mass torts, we work hand-in-hand with nationally recognized FDA and regulatory consultants, medical and scientific experts, clinical scientists, epidemiologists and warnings experts. With our trial experience, we understand the need for our expert witnesses to effectively communicate core medical, scientific and regulatory principles to judges and juries. Our expert-intensive medical device cases have provided us with literally thousands of relationships with leading medical experts from most major medical specialties from prestigious hospitals, universities and government agencies.
We assist our clients in assessing their product warnings and packaging inserts, IDE clinical trial requirements, FDA compliance, in combination with aggressive strategies to defend against claims and lawsuits. Our lawyers understand the regulatory process and have supported clients with supplemental reporting following clinical trial claims, documentation for PMA and 510(k) device litigation, and with regulatory filings around the world involving inquires relating to possible adverse events.
Our drug and medical device team consists of 28 Partners, seven Senior Counsel, 20 Associate Attorneys and 20 Paralegals in eight of our nine offices. In addition to our attorneys, we employ a team of highly skilled nurse paralegals who provide a unique medical review to case files and medical reports, and also critically evaluate regulatory compliance in clinical trials. Lastly, our team includes a Partner who boasts both a legal and nursing practice, working a shift each week as a Neuroscience unit nurse at Detroit’s William Beaumont Hospital.