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Pharmaceuticals and Medical Devices

Client and Industry Challenges

Pharmaceuticals, biologics, supplements and medical devices in today’s healthcare market face organized and well-funded challenges in the courts, media and regulatory bodies. Innovative developments in medical technology and intense scrutiny on direct-to-consumer advertising have been accompanied by a significant increase in civil and administrative actions against pharmaceutical companies and medical device manufacturers.

Snell & Wilmer’s pharmaceutical and medical device attorneys have extensive experience with the industry in crafting and vetting proposed package inserts, marketing materials, communications with the FDA, and medical and scientific literature to limit potential litigation issues. When faced with litigation, pharmaceutical and medical device manufacturers rely on our attorneys to assist them through the process, handling all types of product liability and tort actions including individual lawsuits, class actions, mass tort litigation and multi-district litigation cases. We understand the importance of having experienced legal counsel equipped to integrate rigorous scientific analysis with efficient advocacy in order to limit liability wherever possible for our clients.

Areas of Service

Our pharmaceutical and medical device-related services extend to and beyond the following areas:

Product Liability: Snell & Wilmer litigators combine extensive experience with state-of-the-art case management technology, and are prepared to handle the litigation demands of mass torts and complex cases involving pharmaceuticals, biologics, medical devices and supplements.

Intellectual Property: Our intellectual property attorneys regularly prepare and assess assignment, development, and licensing agreements relating to intellectual property, and evaluate registrability, patentability, validity and infringement issues relating to intellectual properties for manufacturers.

Healthcare: Our attorneys are involved in all aspects of healthcare, including employment, federal and state compliance, regulatory and licensing, fraud and abuse, pharmaceuticals, biotechnology and bio-sciences, insurance and products liability. Snell & Wilmer lawyers have focused our health care representation for more than 50 years and have helped shape the law of healthcare.

Corporate: Our corporate attorneys represent clients in mergers and acquisitions, private placements and venture capital financings, securities offerings and compliance, loan financings, joint ventures, product development and sales agreements, stock compensation programs and other corporate matters.

Clients We Serve

Snell & Wilmer represents self-insured and insured manufacturers of prescription and over-the-counter pharmaceuticals, biologics and supplements, as well as medical device manufacturers. Our philosophy is to take a proactive approach in defending our clients. We have a proven track record representing manufacturers, inventors, researchers, engineers, product designers, and vendors of drugs and medical devices in their litigation and various other legal matters. We have experience representing industry leaders in the following areas.

  • Arterial filters
  • Asthma medicine
  • Blood collection devices and blood products for hemophiliacs
  • BOTOX® and BOTOX® Cosmetic
  • Cardiac monitors
  • Cholesterol lowering medications
  • Clinical trials
  • Cutting devices used in arthroscopic surgery
  • Diagnostic and critical care devices
  • Dietary supplements
  • Factor concentrate
  • Fen-Phen
  • Homeopathic medications
  • Hormone replacement treatments
  • Hospital equipment and supplies
  • Incubators
  • Natural latex gloves
  • Medical lab equipment
  • Orthopedic screws
  • PPA
  • Prescription sleep medication
  • Schedule II prescription pain-relief medication
  • Silicone breast implants
  • SSRIs
  • Stents
  • Urinary incontinence medical devices
  • Vaccines

Why Clients Select Us

Involved and Invested: Because we recognize that litigation exposure poses serious threats to manufacturers, technology and pharmaceutical companies and insurers, Snell & Wilmer lawyers are actively involved in the state and federal tort reform debate. Snell & Wilmer lawyers frequently evaluate law reform proposals, draft bills, facilitate access to decision-makers and provide legislative testimony, when appropriate, on matters of importance to our clients.

Client-Focused Service: Our attorneys focus their efforts on developing a plan of action that will best achieve our clients’ goals. We plan each client’s legal strategy understanding the importance of offering effective and cost-efficient representation, whether it be the defense of product liability, healthcare, intellectual property protection or a corporate legal matter.

Experience

Our national trial experience is extensive, and includes handling cases involving a wide variety of products. Our products liability, intellectual property and health care attorneys have tried more than 75 cases to verdict in the last five years alone. Our role in national and regional coordinating counsel programs has afforded our attorneys a depth of experience and knowledge necessary to effectively manage the complex aspects of product liability and mass tort litigation.

Snell & Wilmer defends all of its pharmaceutical and medical device clients with a team of attorneys who combine technical backgrounds and trial skills with efficiency and cost effectiveness. We strive to provide each client with the best litigation team available to achieve optimal results.