Pharmaceutical & Medical Devices

Experience

Diet Drug Litigation

This multi-year representation included defense of a proposed statewide class action, and dismissal of a proposed medical monitoring class affirmed by the Kentucky Supreme Court. Significant experience in MDL practice and the interplay between state court cases and MDL cases.

In re Bendectin Product Liability Litigation

Defense of Merrell Dow in several thousand suits alleging that birth defects were caused by the prescription anti-nausea medication, Bendectin. Numerous summary judgments and jury verdicts obtained in favor of Merrell Dow.

Acquisition of Two Affiliated Swiss Companies

Represented Halma International Limited, the leading safety, health, and sensor technology group, in the acquisition of 100 percent shares of the Swiss corporation Medicel AG, together with its subsidiary Robutec GmbH. Dinsmore attorneys prepared and negotiated the Share Purchase Agreement and related closing documents. These related acquisitions required dual-track due diligence and negotiation of all transactional documents.  Related to the Medicel acquisition was negotiation of tax-planning documentation for a U.K.-based investor.  The purchase, valued at $100 million, further extended the client’s presence in the ophthalmic surgical instrument market.

Metoclopramide Litigation

Lead Kentucky counsel in metoclopramide litigation from 2006 through present.

OxyContin Litigation

Mr. Jernigan has served as principle West Virginia counsel for Purdue Pharma, LP in the defense of claims based upon the marketing of its prescription pain relief medication, OxyContin.  In the course of that defense, Mr. Jernigan was successful in obtaining one of the first judgments in favor of the company based upon the defense of misuse of the product.  Mr. Jernigan was also able to obtain the dismissal of a significant number of individual claims and negotiate a resolution of one of the first actions instituted by a state attorney general against the company.

Representation of Pharmaceutical Companies

Representation of many pharmaceutical companies with licensing of products, acquisition and divestitures of assets.