Leading pharmaceutical and medical device companies have relied on Shook, Hardy & Bacon to advance their interests in the courtroom and beyond for more than 40 years. By partnering with companies to navigate the complex operational, technological and regulatory challenges of today's global business environment, we are able to manage emerging threats and overcome potential obstacles at every step in the decision-making process. 

Shook attorneys are involved in the defense of product liability, commercial, intellectual property and other litigation for pharmaceutical and medical device manufacturers. We have been recognized by numerous publications, including Chambers USAThe American Lawyer and Who’s Who Legal: The International Who’s Who of Business Lawyers, as having one of the premier U.S. practice groups in this area. Whether resolving cases through aggressive discovery, pretrial motions, alternative dispute resolution or victories in trial or on appeal, the firm has established a reputation for getting the job done.

National and Regional Counsel Experience: Shook has represented more than 20 pharmaceutical and medical companies as national or regional counsel in matters involving more than 60 products.

Mass Torts: We currently have significant litigation roles in more than a dozen mass tort MDL and/or coordinated proceedings.

Diversity of Representation: Representing a majority of the top 10 pharmaceutical manufacturers as national counsel, we also partner with small and mid-sized companies. Overall, we have represented approximately half of the top 50 pharmaceutical manufacturers and numerous leading medical device manufacturers.

Unique Fee Structures: Shook offers flexible, predictable and low-cost fee solutions designed to add value to the attorney-client relationship. The firm devotes significant resources to conducting process improvement initiatives and providing lawyers with the project management skills necessary to handle complex matters, ranging from one-off cases to entire portfolios of matters.

Noteworthy Engagements

  • National counsel for Boston Scientific in litigation involving pelvic mesh products. This litigation currently involves an MDL in West Virginia and consolidated proceedings in Massachusetts. Shook attorneys achieved the first trial defense verdicts on behalf of any defendant in the litigation.
  • National counsel for Covidien in litigation involving pelvic mesh products. This litigation currently involves an MDL in West Virginia and consolidated proceedings in Massachusetts.
  • Member of the Pfizer Legal Alliance, a group of firms responsible for handling the majority of Pfizer’s legal work. We are also designated preferred or convergence counsel for numerous other clients.
  • National counsel for two major pharmaceutical manufacturers in vaccine litigation.
  • National counsel for Bausch & Lomb in litigation relating to the 2006 recall of ReNu® with MoistureLoc® contact lens solution. This litigation has involved approximately 1,300 cases with an MDL in South Carolina and consolidated proceedings in New York. Following extensive briefing and a three-day joint Frye/Daubert hearing, Justice Shirley Werner Kornreich (New York Coordinated Proceedings) and U.S. District Court Judge David Norton each issued rulings in favor of Bausch & Lomb. On August 16, 2012, Bausch & Lomb moved for summary judgment as to all remaining non-Fusarium cases in the New York litigation (pending). This case is currently in appeal in the New York Coordinated Proceedings. See In re: Bausch & Lomb, Inc. Contact Lens Solution Products Liability Litigation, 2009 WL 2750462 (D.S.C.) (Daubert); 693 F. Supp.2d 515 (summary judgment); 25 Misc.3d 1244(A), 2009 WL 4893926 (N.Y.Sup.).
  • National counsel for Guidant (now Boston Scientific) in litigation arising from the recall of implantable defibrillators and pacemakers involving over 8,000 plaintiffs. In September 2009, Shook achieved two defense verdicts in cases arising from this litigation.