Medical Devices
Experience
Successful Settlement for Spinal and Cervical Fusion Components Manufacturer
Represented a manufacturer of spinal and cervical fusion components in numerous products liability cases brought in various courts nationwide. The first case, which involved extensive discovery and investigation into the cause of the device failures and securing the necessary defense experts, settled just before trial. After demonstrating that the plaintiff's own pre-surgery health issues, instead of failed medical components, significantly contributed to the patient's failure to achieve fusion, we settled that case for 5% of the plaintiff's original demand. The other cases subsequently settled for less than 3% of each plaintiff's initial demand.
Successful Defense of Medical Device Products Liability Cases
Successfully defended and resolved hundreds of medical device products liability cases nationwide, through summary judgments, mediations, and informal settlement negotiations.
Patent Filed in Medical Instrument Industry
Assisted a client in the medical instrument industry with obtaining a U.S. patent. Prior to filing and obtaining a U.S. patent for the client, a detailed patentability search was performed to identify any existing art in the space. Based upon the search results, we were able to advise the client on a strategy for drafting the application, which ultimately resulted in an allowance by the USPTO.
Freedom to Operate Search for Client in Medical Instrument Industry Assists Client in Managing Risks
Performed a freedom to operate search for a client in the medical instrument industry related to development of a new product. We presented the results to the client which included a list of features currently protected by active patents, as well as features previously disclosed that are now in the public domain. The information provided assisted the client in managing risks as they moved forward with development of the product.
Special Counsel for Board of Medical Device Company
Special counsel to the board of a medical device company with products for tissue regeneration.
Successful Settlement for Glaucoma Valve Manufacturer
Represented a glaucoma valve manufacturer in a suit brought on behalf of an eight-year-old plaintiff due to an allegedly defective valve. Plaintiff sought $1.5MM in damages. After extensive discovery and refuting the claims and numerous proposed experts through depositions, we were able to resolve the case before the summary judgment phase for nuisance value.
Insurance – Coverage Involving Breast Implants
Lead counsel for a primary insurer in a multimillion-dollar insurance coverage action involving silicon gel breast implants.
Medical Device Patents
Achieved favorable settlement for Biomet in a 15-patent declaratory judgment action after Indiana federal judge allowed Biomet’s claims of inequitable conduct into the case.