Hot Topics in Pharmaceutical Litigation 2009:
Transvaginal Surgical Mesh, Digitek, Yasmin, NuvaRing and Byetta

Recording Date: February 23, 2009

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Transcript $49

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Agenda & Speakers

A Comprehensive Overview of Emerging Areas of Litigation Involving:

  • Transvaginal Surgical Mesh Patch
  • Digitek
  • Yasmin birth control pill
  • NuvaRing
  • Byetta

-Background on the product and liability issues
-Update on cases being filed
-Medical breakdown – what are the alleged problems and injuries?
-Update on MDL status

Moderator: Vance Andrus, Esq., Andrus-Boudreaux, P.L.C., Lafayette, LA and Denver, CO
Mr. Andrus is a founding partner of A-B and concentrates in the area of mass tort litigation. He is a frequent author and lecturer on various legal topics. He received his B.S. degree from the University of Southwestern Louisiana in 1969 and his law degree from Louisiana State University (J.D., 1972) where he was a member of the Louisiana Law Review (1971-1972). He was admitted to practice law in Louisiana in 1972 and in the U.S. District Court for the Western District of Louisiana in 1973, and is also admitted to practice law in Colorado. Immediately after law school, Mr. Andrus clerked for the Hon. Albert Tate, Jr., of the Louisiana Supreme Court (1972-1973). He is a member of, and has served in various capacities in, many professional organizations including the Lafayette Parish (President, 1980-1982; Secretary and Treasurer, 1976-1978), Fifteenth Judicial District, Louisiana State (Member of House of Delegates, 1976-1980, 1982, 1984; Chairman of the Conference of Local Bar Presidents, 1981-1982), 5th Circuit, and American Bar Associations, the Louisiana Trial Lawyers Association (Member, Board of Governors 1979-1982), and the Louisiana Bar Association. Mr. Andrus served the State of Louisiana as Special Assistant Attorney General (1988-).

Donald A. Migliori, Esq., Motley Rice LLC, Providence, RI
Mr. Migliori’s career has been built upon handling asbestos cases, litigating on behalf of the 9/11 families and victims of aviation disasters, and helping the States Attorneys General stop Big Tobacco.  After graduating from Brown University, he earned a master’s degree in early American legal history from Syracuse University’s Maxwell School of Public Citizenry. His path eventually led to Syracuse’s College of Law, then to the law firm of Gunning LaFazia & Gnys. In 1997, he began his work with Motley Rice attorneys. In 2003, Mr. Migliori became a member of Motley Rice LLC. He heads the firm’s aviation team along with member Mary Schiavo. He also tries occupational health, environmental, medical malpractice and other types of cases before juries. He is licensed to practice in Massachusetts, Minnesota and Rhode Island. Mr. Migliori frequently speaks on legal issues relating to terrorist financing, aviation security, class action litigation, premises liability in asbestos litigation and tobacco company liability. He has also appeared on Court TV, Fox News, and The CBS Early Show and is an adjunct professor at Roger William School of Law, teaching mass torts.

Fred Thompson III, Esq., Motley Rice LLC, Mount Pleasant, SC
Mr. Thompson has more than 25 years of trial experience in commercial, personal injury and toxic tort law. He currently leads Motley Rice’s medical practice group, managing all cases related to defective medical devices, medical malpractice, nursing home abuse and harmful pharmaceutical drugs. Mr. Thompson is a member of the American Association for Justice (AAJ) where he serves as co-chairman of the Kugel Mesh Litigation Group. He co-authored “Composix© Kugel© Mesh: A Primer” for the Spring 2008 AAJ Section on Toxic, Environmental & Pharmaceutical Torts newsletter. He has been appointed as a member of many Plaintiffs’ Steering Committees (PSC) relating to defective medical devices and pharmaceutical drugs, including the Medtronic, Inc., Sprint Fidelis lead and Avandia® multidistrict litigation, and is a frequent speaker on a variety of medical litigation topics. Thompson has represented a cross-section of clients in securities litigation, including customers of public brokerage houses, classes of bondholders in defaulted bond issues and purchasers of securities— including limited partnership units, stocks and other forms of securities against the issuing entities, advisers, accountants, brokers, bankers, underwriters, syndicators and other associated professionals in federal, state and bankruptcy forums, as well as in alternative dispute such as arbitration. He also serves as Co-Lead counsel of the Digitek® multidistrict litigation in the United States District Court for the Southern District of West Virginia, in Charleston, WV, as well as on the Trasylol® Plaintiffs’ Steering Committee. After earning a Bachelor of Arts degree cum laude from Yale University in 1973, Mr. Thompson served his country in the U.S. Navy. He then attended Duke University School of Law, where he served on the editorial board of the Duke Law Review, was awarded the Order of the Coif and earned his J.D. with distinction in 1979. Mr. Thompson has tried cases in every forum in South Carolina, from the magistrate’s court to the court of appeals. He is licensed to practice in South Carolina.

Thomas A. Clark, Esq., Andrus-Boudreaux, P.L.C., Lafayette, LA
Mr. Clark is an associate with Andrus Boudreaux, PLC in Denver.  His practice focuses primarily on the prosecution of pharmaceutical and medical device product liability and personal injury cases, including mass tort actions and complex multidistrict matters. Mr. Clark’s expertise is in developing the scientific evidence to prove causation in these cases. He also represents victims of automobile accidents and consumers harmed by defective and/or dangerous products.

Lowell W. Finson, Esq., Phillips & Associates, Phoenix, AZ
Mr. Finson is a trial attorney who handles serious personal injury and medical malpractice cases. His primary area of practice is civil litigation, focusing on serious injuries in medical malpractice and products liability. Mr. Finson has been licensed to practice in Arizona since 1986 and in Ohio since 1974, and is admitted in all State and Federal Courts in Arizona and Ohio. He has tried over 60 jury trials in both State and Federal Courts. Additionally, Mr. Finson has argued in the Courts Of Appeals in Ohio, Arizona and the Ninth Circuit Court of Appeals. Mr. Finson is also a Board Certified Specialist in Workers Compensation, certified by the Arizona Board of Legal Specialization having handled several cases before the Industrial Commission of Arizona. Mr. Finson is on the Board of Directors of the Arizona Trial Lawyers Association and a member of the Constitutional Law and Public Relations Committees. Mr. Finson is a Red Cross Volunteer, and on a panel of attorneys who will render legal advice to victims of Hurricane Katrina that have evacuated and relocated to Phoenix and Tucson, Arizona. Mr. Finson is also a member of the ACLU Arizona Attorneys Panel, which screens legal cases for consideration for litigation regarding victims of civil rights violations. Mr. Finson is a cum laude graduate of Cleveland-Marshall College of Law (1974). Prior to attending law school, Mr. Finson graduated with honors from Miami University in Oxford, Ohio, with a bachelors of science in business administration (1971).

Gerald B. Taylor Jr., Esq., The Taylor Law Firm, LLC, Montgomery, AL
Of Counsel, Wagstaff & Cartmell, LLP, Kansas City, MO

Mr. Taylor has extensive experience in multi-district litigation.  He is on the Plaintiff’s Steering Committee for In re Fosamax Products Liability Litigation, MDL-1789. MDL-1789 is venued in the Southern District of New York Federal Court before the Hon. John F. Keenan. Mr. Taylor is also on the Plaintiff’s Steering Committee for In re Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation, MDL 1699, which is pending in the Northern District of California Federal Court before the Hon. Charles R. Breyer.  Mr. Taylor has been responsible for taking the depositions of key corporate and expert witnesses and preparing scientific witness experts on behalf of the Plaintiff’s Steering Committee in MDL litigation.  He recently presented on behalf of the plaintiff’s in the three-day Celebrex Daubert hearing in San Francisco and he was on the trial team for the first Bextra trial in the country. Mr. Taylor has been lead and co-lead counsel in numerous multimillion dollar verdicts and settlements and holds the record of the largest verdict against a nursing home in the State of Alabama ($7 million).  He has made presentations to Senate and House Committees of the Alabama Legislature as well as the Mississippi and Georgia legislatures concerning pending healthcare legislation. Mr. Taylor was asked to author proposed legislation to reform the law in the state of Alabama related to nursing home litigation, which was introduced in the Alabama Senate and House in 2002 as the “Alabama Nursing Home Reform Act.”  He has been a frequent guest of television and radio shows on the topic of healthcare law and regulation.