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Pharmaceuticals & Medical Devices

Whether we are serving as national counsel or lead counsel to defend complex mass tort and class actions, critical MDL proceedings, or intricate state-coordinated cases, Arnold & Porter provides unparalleled strategic advice to resolve the toughest legal and business challenges facing our pharmaceutical and medical device clients.

Globally recognized by Chambers, Legal 500, LMG Life Sciences, and Best Lawyers, among others, clients routinely turn to us as trusted advisors in matters that are critical to achieving their business objectives. We bring a sophisticated understanding of the industry that enables us to gauge potential risks, minimize exposure, and avoid problems before they occur. Our team includes talented trial lawyers who are renowned for their deep knowledge and lengthy experience with life sciences companies.

With a coast-to-coast presence in the U.S., as well as UK and EU capabilities, clients depend on us for strategic advocacy and creative solutions to their most complex business issues. 

  • Established Record of Success In High-Stakes Cases: Consistently handling some of the largest and most significant pharmaceutical and medical device litigation in the country, our veteran team brings decades of experience addressing the most complex issues companies face.

  • Sophisticated Litigation Strategists: Frequently at the helm in litigation that raises cutting-edge issues involving novel legal concepts, issues of first impression, and complex procedural questions, we apply an innovative mindset at every juncture.

  • Multidisciplinary Approach: Our litigators work closely with colleagues in the firm’s preeminent Life Sciences & Healthcare practice to develop comprehensive solutions for multi-faceted challenges involving regulatory, commercial, and enforcement considerations.

Experience Highlights

  • Bristol-Myers Squibb and Sanofi in ending 12 years of product liability litigation regarding their blood thinner drug, Plavix®, without a single trial or settlement payment. The litigation spurred the U.S. Supreme Court's review of critical specific jurisdiction issues and resulted in the landmark decision in BMS v. Superior Court of California.

  • Sanofi as national counsel in product liability litigation involving the presence of the nitrosamine NDMA in the heartburn medication Zantac®.

  • AstraZeneca as national counsel in a pharmaceutical mass tort litigation involving the diabetes medication Farxiga®.

  • Hologic and Cynosure in defeating class certification and obtaining summary judgment in a purported class action regarding the efficacy of the SculpSure® device. 

  • ​​​​​​Bayer as national counsel in defending its oral anticoagulant prescription medicine, Xarelto®. The cases were coordinated in an MDL proceeding, as well as coordinated state court proceedings. Based on our successful record of judgments, the companies agreed to a favorable settlement.

  • Pfizer as coordinating science counsel, working with national counsel for the science defense, in securing two significant Daubert victories for the client. These victories led to a summary judgment ruling effectively ending the entire birth defect multi-district litigation for Zoloft®.

  • AstraZeneca as national counsel in litigation alleging that the company’s proton-pump inhibitor medications Nexium® and Prilosec® cause kidney injuries. MDL No. 2789

  • Bristol-Myers Squibb as national counsel and employed novel strategies that led to global settlement of litigation related to Abilify®. 

  • PfizerPharmacia & Upjohn, and Wyeth Pharmaceuticals as lead trial counsel, creating, coordinating, and implementing the science defense and handling all phases of litigation for litigation related to several hormone therapy products.

  • Dollar Tree and Family Dollar, as lead counsel in MDL alleging that prenatal use of its acetaminophen-containing products causes autism and ADHD in children.

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Recognition

  • Chambers USA
    Product Liability & Mass Tort: Band 1, The Elite (Nationwide) (2024)
    Product Liability: Regulatory (Nationwide) (2024)
  • Chambers UK
    Life Sciences: Product Liability and Life Sciences: Regulatory (Band 1) (2025)
  • U.S. News & World Report and Best Lawyers
    "Best Law Firms" for Product Liability Litigation: Defendants – Washington, D.C., Los Angeles, New York (2024)
    "Best Law Firms" for Mass Tort Litigation/Class Actions: Defendant – National, New York (2024)
  • The Legal 500 US
    Product Liability, Mass Tort and Class Action: Consumer Products (including tobacco) (2023)
    Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices — Defense (2024)
    Product Liability, Mass Tort and Class Action: Toxic Tort — Defense (2024)
  • The Legal 500 UK
    Product Liability: Defendant — Insurance (2023)
    Product Liability: Defendant (2020)
  • LMG Life Sciences Guide
    Product Liability: Tier 1 (2023)
  • BTI Consulting Group
    Product Liability Litigation Powerhouses (2024)