MEDICAL DEVICE, MASS TORT AND PHARMACEUTICAL LITIGATION
For virtually a decade, O’Brien & Ryan, LLP served as liaison counsel between Pennsylvania plastic and reconstructive surgeons in the national silicone breast implant litigation and the courts. We were one of the most active firms in the Pennsylvania consolidated breast implant litigation, working for the defense of plastic surgeons involved in those mass tort lawsuits. We represented healthcare provider defendants in over two hundred cases. Of those cases, we successfully tried to verdict two breast implant cases, including the first in the state.
Additionally, attorneys of the firm have served as counsel for physicians in the pedicle screw litigation and pharmaceutical litigation cases including Fen-Phen, Rezulin, Baycol, Celexa and Vioxx. In these capacities, we have accumulated experience not only in medical device and pharmaceutical litigation, but in the particulars of mass tort litigation. Our firm has worked with the courts to develop systems for becoming proficient in case management and discovery including obtaining, organizing and utilizing massive numbers of manufacturer documents and manufacturer employee depositions produced through the course of consolidated and multi-district litigation, in both hard copy and electronic form.
Contact:
Marshall L. Schwartz
(610) 834-6294
(610) 834-1749 Fax
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O'Brien & Ryan News
Defense Verdict for Surgeon in Montgomery County
Marshall L. Schwartz obtained a defense verdict in a Montgomery County case in which the plaintiff alleged negligence when his bladder was perforated by a surgeon performing a laparoscopic appendectomy. Plaintiff maintained that if the surgery had been done properly,...
Successful Defense of Buyers at Arbitration Involving Failed Residential Real Estate Transaction
Anthony P. DeMichele successfully defended the buyers in a failed residential real estate transaction. The buyers and sellers entered into a residential real estate agreement of sale. Problems arose at the closing, and as a result, the closing on the property failed...
Defense Verdict in Philadelphia County Court of Common Pleas for Family Physician, Medical Technician, and Practice
Michael O. Pitt obtained a defense verdict in the Philadelphia County Court of Common Pleas for a family physician, her medical technician, and her practice. The defendant physician was the primary care doctor of the plaintiff husband, an avid bowler. Plaintiffs...
Defense Verdict for Otolaryngologist in Bucks County
Michael O. Pitt obtained a defense verdict in favor of an otolaryngologist following a five day jury trial in Bucks County, Pennsylvania. At issue was surgery to remove a polyp from the plaintiff's sphenoid sinus. Plaintiff had alleged that the surgery performed was...
Defense Verdict on Behalf of Surgical Oncologist in Philadelphia County
Marshall L. Schwartz and Brett M. Littman obtained a defense verdict in favor of a surgical oncologist in Philadelphia County. Plaintiff, who had previously been diagnosed with breast cancer, claimed that after undergoing a mastectomy and concurrent breast...
Spotlight On: The New Rules for Health Care Decisions and Advance Heath Care Directives for Incompetent Patients
Act 169 of 2006, which provides a framework for making healthcare decisions on behalf of incompetent adult patients through advance health directives, went into effect on January 29, 2007. The Act allows physicians to initiate, continue, withdraw or withhold medical...
“Original Source” Exception Overcome by Focus on Documents’ Purpose in Peer Review Protection Act Analysis
An opinion from the Allegheny County Court of Common Pleas helped further shape the Peer Review Protection Act ("the Act") analysis by focusing on hospitals' efforts to improve the care they provide in ways that may not involve a traditional committee. In the...
IRS Simplifies Determination of Whether A Health Care Worker is Employee or Independent Contractor
The standards by which the IRS determines whether a worker is classified as an "employee" or an "independent contractor" have been modified. Prior to the modification which was made early in 2006, the IRS used a complex "20 factor" test, which proved difficult to use....
Eastern District of PA Dismisses Liability & Warranty Claims for Medical Device, Predicating Decision on State Lower Court Opinions
In its recent decision, Terrell v. Davol, Inc., et al., the Eastern District of Pennsylvania dismissed both a strict liability claim based on a manufacturing defect and a claim alleging a breach of the implied warranty of merchantability for a medical...
Philadelphia Judge Strikes Loss of Consortium Claim Raised by Same-Sex Couple
In an order issued July 25, 2013, a Philadelphia County Court of Common Pleas judge dismissed a loss of consortium claim raised in a medical malpractice case by a same-sex couple. The underlying case of Wolf v. Associates of Podiatric Medicine and...
How To Maintain Humanity In An EMR World
The push toward implementation of electronic medical records makes it very challenging for risk managers, physicians, nurses and other health professionals to prioritize relationships over efficiency. However, it is important for those who work in these fields to remember to find a balance, says Heather Hansen of O’Brien & Ryan LLP.
Full article below, published by Law360.com.
OBR Sponsors Plymouth Service Memorial
O’Brien & Ryan, LLP is a proud supporter of the Plymouth Township Service & Devotion Monument.
The monument features eight distinctive pillars honoring the Army, Navy, Marines, Air Force, Coast Guard, Law Enforcement, Fire and Ambulance with a special area dedicated to fallen Plymouth Township police officer, Brad Fox.
The monument is located at the corner of Walton Road & Germantown Pike in Plymouth Meeting.
Heather Hansen is part of “Benevolent Gesture” CLE
Heather Hansen presented “What MedMal Defense Lawyers Need to Know about the New Benevolent Gesture Law…” on November 20, 2013, as part of the Pennsylvania Bar Institutes’s webinar series.
Dan Ryan Serves as Panelist
Dan Ryan served as a panelist for How Super Lawyers Use ADR in Their Practice at the Civil Litigation Section Meeting in Philadelphia, PA on October 17, 2013.
OBR Supports PA Elks’ Home Nursing Program
O’Brien & Ryan, LLP was a Premier Sponsor for the Norristown Elks Lodge’s golf outing to raise funds for the Pennsylvania Elks’ Home Service Program. The Program involves services provided by registered nurses to persons with developmental disabilities. We were honored to have the opportuntity to participate and support this great cause.
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