Pharmaceutical Litigation

Vaccine litigation

Represent Wyeth in litigation claiming that a preservative contained in vaccines has caused or could cause neurodevelopmental problems, including autism. Class action status is sought. Participating on the national team to identify expert witnesses.

Diet Drug Litigation ("Fen/Phen") litigation

Represent manufacturers in nationwide litigation claiming heart valve damage allegedly caused by taking diet drugs. Claims are diverse, including claims of suicide and neurotoxicity allegedly associated with the products. Litigation is ongoing.

Phenylpropanolamine ("PPA") litigation

Defending Multi-District litigation, including assistance in coordinating all actions filed nationwide in the federal system, as well as class action complaint on file in the federal court in Washington and separate cases filed in state court alleging stroke was caused by ingestion of cold remedies.

Contraceptive Litigation

Represented the manufacturer of an implantable contraceptive system, in approximately 70 cases filed in Washington. Played a significant role on the national defense team coordinating thousands of cases filed throughout the country. The litigation was generally resolved on very favorable terms following multiple summary judgments.

Represented pharmaceutical company which sold oral contraceptives. The plaintiff suffered a stroke and claimed a causal connection. Obtained dismissal of the claims asserted by the minor children. This was appealed. The appellate court held that the creation of a right of action whereby a minor child could seek damages for loss of parental "consortium" occasioned by negligent injury to his parent by a third party was an issue for legislative determination. Cases then settled.

Represented pharmaceutical company in claims that post-menopausal medication caused breast cancer. Summary judgment for client.

Defended manufacturer in cases arising out of the claim that the IUD caused pelvic inflammatory disease, including one case wherein the IUD remained in utero throughout pregnancy and was alleged to have caused premature rupture of the membranes and the birth of a severely premature child who later was found to suffer developmental delay.

DES Litigation

Represented manufacturer in numerous DES cases, alleging second and third generation adverse effects from the ingestion of diethylstilbersterol during pregnancy in the 1950's and 1960's. This litigation involved unique questions of fact and law, especially when a third generation of plaintiffs was identified. Authored article on those legal issues, published in Defense Press.

Toxic Shock Syndrome Litigation

Participated in the defense of tampon manufacturer in litigation arising from the claim that tampons caused toxic shock syndrome. Cases resolved short of trial.

Antibiotic Litigation

Defended manufacturer in several lawsuits arising from the recall of Omniflox, an antibiotic which was found to be associated with severe hemolytic anemia in some patients. Cases resolved short of trial.

Defended manufacturer in case involving the claim that antibiotic was over-promoted as effective against hemophilus influenza when it was relatively ineffective when compared to other antibiotics. The plaintiff suffered hemophilus meningitis as a consequence of the organism entering the blood stream following an ear infection, penetrating the blood/brain barrier and causing brain damage. Case resolved short of trial.

Defended two manufacturers in several cases involving claims that antibiotic caused pseudomenbranous colitis. Settled.

Pain Reliever Litigation

Defending manufacturer in a case arising from the recall of a pain reliever, which was found to cause liver failure and the need for liver transplant. Case pending.

Represented manufacturer of over-the-counter pain reliever. Plaintiff was a professional athlete who claimed that his use of this product caused kidney failure and ended his professional career. Settled.

Clinical Trial Litigation

Represented pharmaceutical company in a case involving a clinical trial of a potential drug for the treatment of diabetes. Plaintiff was a participant in the trial, and claimed that he suffered kidney failure as well as liver toxicity as a consequence of taking the drug. Settled for nuisance value.

Medical Equipment Litigation

Represented manufacturer of anesthesia equipment in several cases, including one case where equipment tipped during operative procedure, flooding the patient with anesthetic and causing brain damage. Successfully established that this was caused by user error rather than a product defect. Dismissed without payment.

Represented maker of laparoscopic equipment in cases involving injuries to internal organs allegedly caused by "arcing" of electricity through the equipment. Settled several cases without payment.

Toxic Tort Litigation

Represented manufacturer of kitchen spray which allegedly caused lipid pneumonia in a 19 year old dietary worker causing life-long disability and potential for heart/lung transplant. Three week trial followed by defense verdict.

Represented cleaning and restoration company for allegedly causing toxic injury and multiple chemical sensitivity. Three week trial followed by defense verdict.

Represented manufacturer of oven cleaner in cases involving explosions following abuse of product. Settled.

Represented manufacturer of drain cleaner in case involving ingestion of product by child of the homemaker. Settled.

Represented manufacturer of chemical allegedly causing permanent pulmonary damage to ten workers. Settled.

Defended manufacturer of boom truck involved in electrocution accident to operator of truck when boom came into contact with power lines. Case was settled, but appeal from pretrial rulings established Washington law of joint and concurrent liability of tortfeasors as well as immunity of employer from third party actions.

Represented manufacturer and distributor of charcoal briquettes which had been loaded onto a truck for shipment. Truck tipped over in a one-vehicle highway accident. The passenger sustained traumatic amputation of her thumb and other substantial injuries. Plaintiffs claimed that the truck had been loaded improperly, and the load shifted, resulting in the near-fatal accident. Tried for three weeks. Defense verdict.

Medical Malpractice Litigation

Defended physician/teacher who lectured on the use of a contraceptive in a woman who was already pregnant. Pregnancy went undiscovered for six months, and then led to premature delivery of child with cerebral palsy and hydrocephalus. The basic claim was for wrongful birth and wrongful life. Settled.

Represented allergy clinic in an action involving anaphylactic shock secondary to a yellow jacket sting causing severe brain damage in a young dentist. After a one-month trial: Defense verdict as to the clinic.

Represented hospital in a multi-defendant case involving treatment of a pregnant woman following an automobile/pedestrian accident. Plaintiff claimed that the defendants were negligent in monitoring the fetal status and in recognizing the need for an earlier C-Section, as well as in the speed of implementing the procedure once the decision was made. Plaintiff also claimed negligence in the handling of the neonatal resuscitation. The baby suffered cerebral palsy. After a one-month trial: Defense verdict.

Represented physician and her employer in an action claiming delay in diagnosis of breast cancer. After a three-week trial, the jury found plaintiff was 40% comparatively negligent, and awarded $500,000 (gross) and $300,000 (net) to the plaintiff, an unusually low verdict as well as the finding of significant comparative negligence on the part of the plaintiff.

Representing physicians in litigation involving claims of informed consent and alleged conflict of interest in clinical trial setting. Pending.

Represented hospital in case where 22 year old man admitted for attempted self-castration later jumped from a 7^th floor window. The mother's emotional distress claim was dismissed as a matter of law and that pretrial order was affirmed on appeal to the Supreme Court of Washington. Case was then tried and settled mid-trial for $5,000 after favorable rulings.

Represented hospital in case involving alleged birth injury following preterm labor. Plaintiff claimed that the hospital-based neonatologists had failed to use appropriate means to mitigate the effects of repeated apneic episodes, causing cerebral palsy. Four week trial ended in defense verdict for hospital and neonatologists.

Represented hospital in case wherein a hospital visitor claimed negligence in failing to lock the wheels on a hospital bed, causing the visitor to fall and fracture her leg. Two week trial. Defense verdict.

Represented hospital in case involving quadriplegia following "routine" surgery. The injury was caused by improper spinal injection. The plaintiffs quietly settled with the anesthesiology group and then pursued hospital on theory of ostensible agency. Trial court refused to dismiss the claim and that decision was appealed to the Supreme Court of Washington. Result: Trial court reversed, and claim of ostensible agency dismissed based upon new legal principle established in the case that dismissal of agent forced dismissal of claim against principal absent special circumstances not present in the case. This case established new law relating to the impact of settlement by joint tortfeasors. Glover v. Tacoma General Hosp., 98 Wn.2d 708, 658 P.2d 1230 (1983).

Represented the sole defendant in a matter involving the claim that an anti-convulsant medication induced a psychosis that required 47 separate involuntary admissions to psychiatric institutions. After a seven-week trial, the plaintiff's demand dropped precipitously and the insurer settled against recommendation of counsel. The settlement was announced just after the jury had taken its straw vote, which was unanimously in favor of the defense.

Represented a general surgeon in a case wherein plaintiff claimed that a fistulotomy had caused permanent and disabling incontinence of the bowel. After a four-week trial, the jury returned a verdict in favor of the defense.

Represented chiropractor in a case where plaintiff claimed that the chiropractor had negligently failed to refer his deceased wife to a neurologist for her persistent headaches and high blood pressure. She died of a ruptured aneurysm. After a one-month trial: Defense verdict.

Represented hospital in a case where the elderly plaintiff claimed that hospital nurses should have applied restraints to prevent him from getting out of bed, as he was prone to do. He suffered a fractured hip and later was committed to a nursing home, where he languished. After a two-week trial: Defense verdict.

Represented hospital in a claim that nursing supervision of breast feeding while in the hospital caused suffocation of newborn. Settled.

Represented hospital in a claim involving emergency C Section necessitated by catastrophic cardiac arrest in mother during labor. Settled.

Represented hospital in a claim brought on behalf of a patient who had fallen out of bed. Claim was that the siderails should have been raised. After a seven-day trial: Defense verdict.

Represented gynecologist who had inserted an IUD. Plaintiff later experienced pelvic inflammatory disease and lost a great deal of time from work. After a two week trial: Defense verdict.

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