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PRACTICES & INDUSTRIES

While our firm is best known for defending automobile manufacturers, our lawyers counsel an array of Global 500 clients in high-stakes, national litigation in a range of industries.

Medical Device and Pharmaceutical

Stethoscope on a clipboard with medicine.

Bowman and Brooke’s medical device and pharmaceutical litigation practice group of experienced trial lawyers serves as national coordinating counsel, lead trial counsel – including at bellwethers – regional, and local counsel. With a passion and drive for mastering complex medical, scientific, epidemiological, engineering and regulatory issues, we represent manufacturers in widely publicized, highly complex cases, including mass torts, involving medical devices, prescriptions, over-the-counter medications, biologics and legacy drugs. Bowman and Brooke’s lawyers deliver legal representation that is innovative, cost effective and complementary to our clients’ core business objectives.

  • We understand our clients’ business needs and consistently deliver results that complement core business objectives with a proven approach that includes:
  • Developing a formidable defense strategy, rooted in science and aligned with business objectives
  • Coordinating a team of lawyers to implement a unified plan
  • Deploying the right lawyers to efficiently work up multiple cases simultaneously
  • Preparing discovery protocols and conducting large-scale document productions
  • Selecting, evaluating and preparing expert witnesses nationwide
  • Assessing litigation risks, and the regulatory impact of litigations and creating potential contingency plans
  • Ensuring a cutting-edge and consistent legal and appellate strategy
  • Trying cases to juries

Whether assessing product warnings and package inserts to meet FDA compliance, briefing and pleading appeals in federal and state courts, presenting before the JPML, arguing for early dismissals for lack of product identification, opposing class certification or heading to trial, Bowman and Brooke’s medical device and pharmaceutical team has the depth and experience necessary to critically evaluate claims and aggressively defend our Life Sciences clients.

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
  • Oct 04, 2016
    October 14, 2016, CA
    Firm Chair Paul Cereghini commented in Law360 following a class certification denial involving Breg, Inc.'s cold therapy devices. In Stacey Lucas et al. v. Breg Inc. et al., plaintiffs sought a nationwide class certification alleging that Breg, Inc. provided false and misleading instructions regarding the use of its Polar Care 500 device. 
  • Apr 21, 2016
    Orange County, CA
    During a trial in the Superior Court of California, County of Orange, a judge granted a motion of non-suit in favor of Breg, Inc. in a case involving a Breg Pain Care 3000 pain pump. William Stovall v. Breg, Inc., Superior Court of California, for the County of Orange – Civil Complex Center, Case No. 37-2011-00059728, Judge William Claster presiding.
  • Mar 15, 2015
    In McKenna v. Breg, Inc., No. G048732, 2015 WL 917827 (Cal. Ct. App. 2015), a California appellate court upheld a jury verdict for device maker Breg, Inc. in February of 2013, after a three and a half week trial in the Superior Court for the State of California for the first bellwether case in the California infusion pump JCCP to go to trial, a jury returned a complete defense verdict in favor of Breg, Inc. Plaintiffs alleged that Breg was negligent and strictly liable for providing inadequate warnings with its Pain Care 3000 infusion pump.
  • Feb 06, 2013
    California

    Breg, Inc. received a decisive win on February 6, 2013 in the first bellwether case in the California infusion pump JCCP to go to trial.

  • Jul 02, 2012
    After two days of deliberations in pain pump case, the judge ordered a mistrial.
  • June 3, 2019
    News
    Bowman and Brooke continued a long tradition of high national ranking as The Legal 500 named the firm a top national practice in four product liability industries. Bowman and Brooke received recognition for the firm’s work in automotive defense, pharmaceutical and medical device defense, consumer defense and toxic tort defense. Toxic Tort defense is a new ranking for the firm in The Legal 500
  • January 7, 2019
    News
    Performing trials to evaluate the safety and efficacy of medicines and devices for a particular indication and patient population requires the navigation of complex medical, scientific, regulatory and ethical principles — and such trials, of course, often continue after approval as well, supporting additional indications and evaluating ongoing safety questions.
  • November 16, 2018
    Speaking Engagement

    Kim Schmid, Firm Vice Chair and Executive Managing Partner, spoke at the 23rd Annual ACI Drug and Medical Device Litigation Conference in New York City later this month. Kim joins a panel to present "Practical Ways for Incorporating Diversity and Inclusion into Your Trial Team and Litigation Strategy." This is widely regarded as the go-to annual conference for all things pharmaceutical and medical device products liability. 

  • September 18, 2018
    News

    Law360 recently published an article addressing a recent study suggesting that triclosan, a common antibacterial agent that has links to cancer in mice.

  • October 13, 2016
    Webinars

    The 3D printing boom in the last several years has sweeping implications for the future of pharmaceuticals and medical devices. With the enormous potential 3D printed products have in the life sciences, there are equally as many unknowns regarding risk and liability throughout the supply chain.

Integrated Services

In addition to providing stellar legal counsel, we integrate our provision of other key services with the work of our legal teams. The result? Highly effective and efficient client service.