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Pharmaceutical & Medical Devices

Litigation brought by aggressive plaintiffs' attorneys against pharmaceutical companies alleging claims against their products or marketing strategies is at the forefront of the current legal landscape. The attorneys of HeplerBroom LLC are regularly retained by pharmaceutical and medical device companies as both local and regional counsel to defend their interests in a variety of cases in some of the most perilous venues for defendants in the nation. Our large team provides experienced trial counsel, supported by dedicated paralegals and information technology staff who are trained in the most cutting-edge computer and technological resources to work with clients and national counsel to effectively and efficiently achieve success. In addition, HeplerBroom LLC retains a full-time registered nurse consultant to assist with case work up and to answer questions regarding medical and pharmaceutical issues.

HeplerBroom LLC is poised to handle all aspects of cases involving pharmaceutical or medical device products from the initial pleading stages, to the in-depth and voluminous discovery often required in these types of cases, through trial and, if necessary, the appellate process. HeplerBroom LLC utilizes the most sophisticated and up-to-date computer and document management resources to fully develop each case while minimizing paper files to provide innovative and highly cost effective legal services to its clients.

The firm has successfully defended pharmaceutical cases brought under a variety of legal theories including negligence, failure to warn, strict liability, fraud, statutory fraud, misrepresentation, breach of warranty and civil conspiracy. In addition, many of these cases are brought, not by individual plaintiffs, but as class actions. For this reason, the pharmaceutical defense team is closely associated with the class action team in order to aggressively and effectively defeat class certification.

HeplerBroom LLC is devoted to providing the most effective services by understanding the needs of each individual client and by tailoring our approach to best meet those needs. Team work, both within the HeplerBroom LLC practice group, along with national and in-house counsel is the cornerstone of the firm's exceptional ability to advance its clients' goals and to achieve success. Some of our current and past experience in this area includes:

  • HeplerBroom LLC represented Purdue Pharma in several hundred OxyContin cases in Madison County, Illinois, the Southern and Central District Courts in Illinois, and in the City of St. Louis Circuit Court.
  • We represent Eli Lilly and Company in several Zyprexa cases pending in both state and federal courts in Illinois.
  • HeplerBroom LLC serves as local counsel for Wyeth in a pending Southern District of Illinois case related to its anti-depressant, Effexor.
  • Other cases that HeplerBroom LLC has handled on behalf of pharmaceutical companies involved products such as anti-depressants, weight-loss products and laxatives.
  • HeplerBroom LLC has represented clients in both individual and class action medical device litigation involving breast implants, enteral feeding tubes, lithotripters and other devices.

Partner Stephen Kaufmann , who practices in this area, co-authored the article entitled, "The Learned Intermediary Doctrine and Pharmaceutical Company Liability," which appears in the April 2007 issue of the Illinois Bar Journal(Vol. 95, No. 4). The article summarizes the learned intermediary doctrine in Illinois and provides practice pointers for attorneys defending pharmaceutical companies in failure to warn cases. Kaufmann also co-authored the featured article in the third quarter 2006 edition of the IDC Quarterly (Volume 16, Number 3) entitled "First District Refuses to Find Exception to Learned Intermediary Doctrine". The article discusses the case of Kennedy v. Medtronic, 366 Ill.App.3d 298 (1st Dist. 2006) which discusses the duties of a medical device manufacturer.

For more information on HeplerBroom LLC's pharmaceutical and medical device litigation practice, please contact Larry Hepler at 618/656-0184 or at leh@heplerbroom.com.