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Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

MDL and Mass Tort Litigation Experience

  • Served as national counsel for a large medical device company in an MDL involving thousands of cases alleging personal injuries from an implantable medical device, including all aspects of pretrial discovery and the coordination of all state court cases, including multi-plaintiff cases, in both state and federal courts. 
  • Prevailed in two of the three bellwether trials conducted in an MDL involving an implantable medical device. Continued to serve as lead national counsel in more than 2,000 cases remanded throughout the country, including serving as trial counsel in seven trials during 2021. 
  • Served as co-lead counsel in a bellwether trial involving an orthopedic implant. 
  • Served as co-lead counsel and achieved a complete defense verdict in three consolidated talc cases in St. Louis involving allegations that a product caused cancer. 
  • Served as lead defense counsel with a decision rendered for our client in a case involving product liability claims that arose out of the marketing of opioids. 
  • Served as lead co-counsel in a complete defense verdict in a St. Louis jury talc trial. 
  • One of several firms that coordinated overall strategic management of an MDL regarding a statin medication, including serving as co-liaison counsel, conducting key company witness depositions, serving on the leadership of national science and discovery advisory teams, and completing case specific discovery in cases selected for trial. This resulted in exclusion of numerous plaintiffs’ expert witnesses under Daubert and subsequent summary judgment dismissing all cases in the MDL.
  • Served on national teams for discovery work-up, science strategy (including handling discovery of plaintiffs, treating doctors, and plaintiff’s experts and development and defense of defendant’s experts), and trial co-counsel in oral anti-coagulant litigation, resulting in complete defense verdicts in the first two MDL bellwether cases and supporting roles at trial in the ensuing three bellwether cases. 
  • Lead or co-lead counsel in trials for a hormonal drug in which seven consecutive defense verdicts were returned, as well as serving on national expert teams and working up discovery in cases scheduled for trials. 
  • National counsel to a manufacturer of cough/cold products in the PPA litigation, which involved over 1,500 MDL and state court cases. 
  • Served as trial counsel for different medical device manufacturers facing thousands of suits alleging negligence and strict liability design and warnings claims for pelvic mesh products. 

General Overview

We have more than 150 products liability lawyers, of whom more than 80 have significant pharmaceutical and medical device practices. Our pharmaceutical and medical device team includes an industry-leading lineup of more than 15 first-chair trial lawyers, half of whom are women and diverse attorneys. Collectively, Nelson Mullins attorneys have tried cases in more than 35 states, including many of the country’s most dangerous venues. Nelson Mullins can field multiple, independent, and fully staffed trial teams simultaneously, as demonstrated by our engagement as lead trial counsel in three concurrent trials, while also serving as “science captains” in two additional trials in entirely different litigation. With a national footprint, Nelson Mullins can deploy dedicated, resourceful, and experienced attorneys virtually whenever and wherever you need us.

Whether our clients are threatened by MDLs or one-off cases in ”hellhole” jurisdictions, Nelson Mullins has the strategic vision and boots-on-the-ground capabilities to defend the interests of life science companies. We have the experience and wherewithal to formulate the defense of your product from initial offensive and defensive fact discovery to assessment of core scientific and medical evidence regarding the product and alleged injuries or disease processes at issue, to assembly of a team of top-shelf expert witnesses who can communicate effectively with jurors from all walks of life, and to take the fight to the other side. Encompass, our firm’s e-discovery practice and dedicated team, provides invaluable assistance in large-scale e-discovery projects, internal investigations, data management, document reviews, and facilitation of company witness preparation. Our integrated approach to the defense of your product is developed hand in hand with a deep understanding of your business interests and strategic objectives.
 

Communicative, Cooperative, and Collegial

We work intentionally with our clients to develop the right strategy for each case or litigation, whether it be large or small. Our team knows that consistent communications prevent missteps and help avoid surprises. We build relationships built on clear communications, trust, and confidence that will stimulate ideas to further your ultimate goals.

We are well-acquainted with and adept at working within the “virtual firm” model. Whether leading MDLs as national counsel, formulating and implementing fact and expert discovery strategies, arguing Daubert/Rule 702 challenges to exclude plaintiffs’ key expert witnesses, or trying bellwether cases as first-chair counsel, Nelson Mullins has earned a reputation for working collegially and cooperatively with other leading firms throughout the country.

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

MDL and Mass Tort Litigation Experience

  • Served as national counsel for a large medical device company in an MDL involving thousands of cases alleging personal injuries from an implantable medical device, including all aspects of pretrial discovery and the coordination of all state court cases, including multi-plaintiff cases, in both state and federal courts. 
  • Prevailed in two of the three bellwether trials conducted in an MDL involving an implantable medical device. Continued to serve as lead national counsel in more than 2,000 cases remanded throughout the country, including serving as trial counsel in seven trials during 2021. 
  • Served as co-lead counsel in a bellwether trial involving an orthopedic implant. 
  • Served as co-lead counsel and achieved a complete defense verdict in three consolidated talc cases in St. Louis involving allegations that a product caused cancer. 
  • Served as lead defense counsel with a decision rendered for our client in a case involving product liability claims that arose out of the marketing of opioids. 
  • Served as lead co-counsel in a complete defense verdict in a St. Louis jury talc trial. 
  • One of several firms that coordinated overall strategic management of an MDL regarding a statin medication, including serving as co-liaison counsel, conducting key company witness depositions, serving on the leadership of national science and discovery advisory teams, and completing case specific discovery in cases selected for trial. This resulted in exclusion of numerous plaintiffs’ expert witnesses under Daubert and subsequent summary judgment dismissing all cases in the MDL.
  • Served on national teams for discovery work-up, science strategy (including handling discovery of plaintiffs, treating doctors, and plaintiff’s experts and development and defense of defendant’s experts), and trial co-counsel in oral anti-coagulant litigation, resulting in complete defense verdicts in the first two MDL bellwether cases and supporting roles at trial in the ensuing three bellwether cases. 
  • Lead or co-lead counsel in trials for a hormonal drug in which seven consecutive defense verdicts were returned, as well as serving on national expert teams and working up discovery in cases scheduled for trials. 
  • National counsel to a manufacturer of cough/cold products in the PPA litigation, which involved over 1,500 MDL and state court cases. 
  • Served as trial counsel for different medical device manufacturers facing thousands of suits alleging negligence and strict liability design and warnings claims for pelvic mesh products. 
  • Seasoned first-chair products liability trial lawyers across the country 
  • National and regional coordinating counsel for numerous companies 
  • Regularly selected as national, regional, and lead trial counsel by Fortune 500 companies
  • Record of winning significant victories in plaintiff-friendly jurisdictions
  • We work closely with clients on risk assessment and litigation management