Litigation & Appeals

Pharmaceuticals & Medical Devices Litigation

Stites & Harbison represents a broad cross-section of pharmaceutical companies and medical device manufacturers in complex and high-profile litigation. For over twenty years, we have provided our clients with sophisticated and experienced trial and appellate counsel at the local, regional, and national level.

We serve as national and regional counsel for brand-name companies, defending against federal and state court product liability and mass torts actions, class actions, and multi-district litigation. Our attorneys possess a broad range of skills and experience handling a variety of drug and medical device matters, including off-label promotion and use, misuse, fraud on the FDA, public sector pricing disputes, and defending actions brought by attorneys general.

Stites & Harbison defends a wide spectrum of pharmaceutical and medical products, including:

  • Hydrocodone
  • Catheters and balloons
  • Hormone replacements
  • Pain Pumps
  • Antibiotics
  • Defibrillators
  • Anti-depressants
  • Anesthesia equipment
  • Oral vaccines
  • Ultrasound and x-ray machines
  • Surgical anesthetics
  • Surgical mesh
  • Contraceptive drugs and devices
  • Neurosurgical clips
  • Orthopedic implants and joint replacements
  • Intraocular lenses
  • Bone morphogenetic proteins (BMPs)
  • Ventilators
  • Cardiovascular stents
  • Kidney lithotripters
  • Diabetes medicines

We strive to provide exceptional client service by understanding our clients’ business concerns and crafting effective legal strategies that both protect our clients’ products and minimize the costs of litigation.

Representative matters include:

  • Trial counsel in state and federal courts nationwide for a manufacturer of implantable orthopedic devices
  • Nationwide defense of a manufacturer of an infusion pump prescribed for patient-controlled analgesia
  • Nationwide defense of a line of cardiovascular catheters used to treat coronary occlusions
  • Supervising trial counsel in mass tort litigation involving more than 2,000 plaintiffs in Kentucky
  • Lead counsel in the defense of a pharmaceutical company in Kentucky resulting in summary judgment in the United States District Court for the Eastern District of Kentucky
  • Defending brand-name and generic pharmaceutical manufacturers in mass tort claims alleging undisclosed side effects of drug usage.
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Press Releases

Brittany Cross Carlson Selected for Leadership Kentucky’s Class of 2020

LOUISVILLE, Ky.—Leadership Kentucky has selected Stites & Harbison, PLLC attorney J. Brittany Cross Carlson as a member of the 2020 Leadership Kentucky program.

by Stites & Harbison, PLLC June 17, 2020
Client Alerts

New Kentucky Statute Provides Defenses To Medical Workers Who Treat COVID-19 Patients

On March 30, 2020, Kentucky Senate Bill 150 became effective which addresses numerous issues arising from the COVID-19 state of emergency. Included in that new statute is a provision that for any health care provider who, in good faith, renders care or treatment of a COVID-19 patient during the state of emergency, those health care providers shall have a defense to civil liability for ordinary negligence for any personal injury resulting from that care or treatment or failure to provide or arrange further medical treatment.

by Ashley W. Ward May 18, 2020
Press Releases

Robert Connolly Elected to The Nature Conservancy Board of Trustees

LOUISVILLE, Ky.—The Nature Conservancy recently elected Stites & Harbison, PLLC Chair, Robert M. Connolly, to its Board of Trustees of the Kentucky Chapter.

by Stites & Harbison, PLLC May 08, 2020
Press Releases

Lauren Paxton Roberts honored as Nashville Bar Foundation Fellow

NASHVILLE, Tenn.—The Nashville Bar Foundation recently named Stites & Harbison, PLLC attorney Lauren Paxton Roberts as a Fellow.

by Lauren Paxton Roberts April 27, 2020
Press Releases

Ashley Ward Inducted as Fellow of American College of Trial Lawyers

LEXINGTON, Ky. —Stites & Harbison, PLLC attorney Ashley W. Ward was inducted as a Fellow of the American College of Trial Lawyers (ACTL) on March 7, 2020, at the Annual Meeting in Tucson, Ariz.

by Ashley W. Ward March 18, 2020
Press Releases

Stites & Harbison elects three attorneys to Management Committee

LOUISVILLE, Ky.—Stites & Harbison, PLLC recently elected three members to the firm’s six-member Management Committee, replacing three attorneys who completed their terms of service. The new committee members are attorneys Erika Barnes, Carol Dan Browning and Richard Wehrle.

by Stites & Harbison, PLLC March 05, 2020
Client Alerts

Tennessee Supreme Court Upholds $750,000 Statutory Cap on Non-Economic Damages in Civil Cases

The Tennessee Supreme Court, in an opinion published February 26, 2020, upheld Tennessee’s statutory cap on noneconomic damages in civil cases, codified at Tenn. Code Ann. § 29-39-102, which generally limits noneconomic damages, including pain and suffering, permanent injury, and loss of enjoyment of life, to $750,000.

by Lauren Paxton Roberts, J. Anne Tipps, and Rachel Dix Bishop March 04, 2020
Press Releases

Stites & Harbison Promotes Six Attorneys

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced that six attorneys have been promoted within the law firm effective January 2020.

by Stites & Harbison, PLLC January 07, 2020