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

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
Client Alerts

Kentucky Enacts Certificate of Merit Requirement for Filing Medical Liability Cases

The Kentucky General Assembly has enacted KRS 411.167 which now requires a claimant commencing any civil action against a healthcare provider, or long-term care facility, to file a “certificate of merit” when the complaint is filed.

by Ashley W. Ward and Joshua F. Barnette July 23, 2019
Articles

Design Thinking for Litigators

Design thinking is considered by its adherents to be a “systematic approach to innovation and problem solving that is, fundamentally: user centered, experimental, responsive, intentional, and tolerant of failure.”

by Whitney Frazier Watt and Jennifer Henry Jackson June 28, 2019