Covington lawyers regularly serve as defense counsel in product liability and toxic tort lawsuits, and as national coordinating counsel or strategic advisors for companies and trade associations involved in national or multi-state liability actions. Our Practice is multidisciplinary in nature, requiring the integration of business savvy and industry experience, along with sophisticated litigation management and trial expertise. Our mass tort experience includes pharmaceutical products, medical devices, toxic chemicals and metals, and food and beverage products. Our clients include companies and trade groups in the pharmaceutical, medical device, food, alcohol beverage, dietary supplement, chemical, construction equipment, energy, railroad, respiratory protection, automotive, and mining industries. We also have extensive experience in class action litigation alleging personal injury and property damage.
Pharmaceutical Industry
We represent a number of leading pharmaceutical companies in product liability mass tort actions in state and federal courts around the country. Our current representations include: Hoffmann-La Roche Inc. in products claims involving their acne medication Accutane; Purdue Pharma L.P. and related entities in products cases involving their pain relief medication OxyContin®; Pfizer in products cases involving Celebrex and Bextra; and several pharma industry trade associations in various product liability cases in which they have been named as defendants. We regularly represent the Pharmaceutical Research and Manufacturers of America (PhRMA) in amicus filings around the country on cutting-edge legal issues affecting the industry, including preemption and federal jurisdiction. We have previously represented the Warner-Lambert Division of Pfizer in connection with product liability litigation over its anti-seizure medication Dilantin, and Copley Pharmaceuticals in various product liability actions involving its prescription asthma medication Albuterol.
National Product Liability Counsel
We are frequently called upon to serve as national product liability counsel to firms and trade associations whose products (or whose members’ products) are actual or potential targets of mass tort claims in the area of product liability or toxic torts. We have served in this capacity for companies and trade associations with products in the chemical, food, beverage, medical device, pharmaceutical, and construction equipment industries.
Strategic Advisors
Covington lawyers have provided strategic counseling to national and international companies facing rising volumes of asbestos and silica liability claims in the energy, automotive, construction, mining, respiratory protection, and railroad industries, and to investment and financial firms evaluating the potential liabilities facing those companies.
Clinical Trials
We have successfully represented biotech firms facing liability claims filed by individuals who participated in clinical trials of our clients’ new medications and therapies.
M&A Due Diligence
Our firm has conducted many due diligence investigations on behalf of investment banking firms considering acquisitions to evaluate potential product or toxic tort liabilities associated with products and services supplied by the target company.
Representative Matters
- We represent Hoffmann-La Roche Inc. in defending the company against mass tort claims involving the prescription acne medication Accutane, which is alleged to lead to depression and suicidal thoughts in patients.
- We serve in a similar capacity for Purdue Pharma L.P. and related entities in individual and class action lawsuits filed in federal and state courts around the country by plaintiffs who claim economic injuries from having purchased and used the company’s OxyContin® pain relief prescription medication.
- We represent Pfizer in defense of Celebrex and Bextra cases.
- We have represented companies and a trade association in the alcohol beverage industry for several decades defending against product liability claims by plaintiffs who claim that injuries suffered from their abuse of alcohol – ranging from cirrhosis to alcoholism to drunk driving crashes – are the fault of the alcohol companies. Virtually all of these cases have been dismissed on motions.
- We currently serve as national product liability counsel for obesity claims for several major firms and organizations.
Accolades
- The Practical Law Company (PLC) ranked Covington in the following areas, appearing in their Cross-Border Quarterly, January-March 2006 edition:
- Leading Product Liability Practice;
- Leading Pharmaceutical Fraud & Abuse Investigations Practice;
- #1 Life Sciences firm worldwide; and
- #1 Life Sciences Regulatory firm worldwide.
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