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Medical Products Liability

While LeClairRyan is widely acknowledged for our success in defending health care providers against malpractice actions, less well-known is our depth of experience in the area of medical products liability defense. Our involvement in this practice area has been on the rise over the past decade, as we played an important role in many mass tort actions related to medical products liability.

We represented consortiums of professional liability insurers in multi-district litigation over breast implants, pedicle screws, latex gloves, and the diet-drug combination Fen-Phen. Our success in these cases was based on a strategy of giving individual physicians a defense with a level of sophistication comparable to that used by manufacturers and plaintiffs. A critical enabler of this strategy was the role we played as national coordinating counsel for major medical malpractice insurance companies. We also used this strategy in the latex glove litigation, serving as national coordinating counsel for a major distributor of medical supplies.

The approach our Tort Defense team takes in defending medical products claims is the same one we use for all liability defense: We come at it from the perspective of how we would win this case at trial, and what we would need to achieve victory. Such a focus-driven approach allows to avoid dilutive efforts, such as engaging in fruitless motion practice or deposing every possible individual. Often, this results in lower legal fees and lower indemnity payments for our clients. We embrace a true partnership model in client relationships, working closely with clients to ensure clear communication of their goals and laying out an explicit roadmap of how we intend to achieve them. From start to finish, our focus remains fixed on the end result.