Product Liability

We frequently serve as trial and national coordinating counsel to pharmaceutical and medical device companies in large-scale serial litigation and mass torts. Our clients look to us to defend high-profile cases in difficult jurisdictions and to craft creative solutions that reach beyond the usual playbook to provide effective, efficient defenses.

Our product liability team has a command of the unique regulatory and legal issues facing pharmaceutical and medical device companies. We advise clients on product safety recalls, regulatory inquiries, and litigation before regulatory agencies. Our lawyers have been at the forefront of the rapidly developing law in this area, including having successfully defended numerous cases on the basis of federal preemption that established important precedents in key jurisdictions.

Our product liability lawyers collaborate with colleagues on our white collar, government investigations, and FDA teams to provide comprehensive, closely coordinated approaches. We pride ourselves on our culture of working with others to maximize the success of our client-focused defenses. Where it benefits the client, we also have the ability to partner with other leading law firms as part of a virtual law firm team to bring additional strategic resources to bear.

In addition, we regularly counsel pharmaceutical and medical device companies on strategies to prevent and reduce exposure and risk, including conducting audits of labeling and marketing materials to ensure compliance with relevant statutes.

Beyond pharmaceuticals and medical devices, Morgan Lewis has decades of experience handling class actions and national serial litigation involving the full range of state and federal causes of action—including those related to products regularly implicated in bodily injury, personal injury, and tort litigation such as chemicals, asbestos, blood, carpets, lead, latex, and building and construction products.

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