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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Events

2021 Women in Litigation Joint CLE Conference

Date: 11/17/21 - 11/19/21

Boston Park Plaza, 50 Park Plaza at Arlington Street, Boston, MA 02116-39014

Louisville office attorney Whitney Watt will be a member of the panel for a presentation at this ABA Conference in Boston, Mass., November 17-19, 2021.

Whitney Frazier Watt September 17, 2021
Press Releases

Ashley Ward Appointed to EKU Board of Regents

LEXINGTON, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Ashley Ward as a member of the Eastern Kentucky University (EKU) Board of Regents with a term expiring in June 2027. EKU is governed by an 11-member Board of Regents.

by Stites & Harbison, PLLC July 27, 2021
Client Alerts

Will COVID-19 Toll the Statute of Limitations in Product Liability Actions?

As the COVID-19 pandemic stretches into 2021 with no clear end in sight, a good question for product liability defendants is whether the pandemic will have a tolling effect on the applicable statute of limitations. In product liability cases, state law provides a statute of limitations to bar untimely-filed claims against the product manufacturer, distributor, or retailer. The point is to provide a predictable time period for a plaintiff to investigate the claim, identify the proper parties, and file suit.

by Daniel E. Danford and Harlee Havens, Summer Associate (2020) December 21, 2020
Press Releases

Whitney Frazier Watt Appointed to Governor’s Scholars Board of Directors

LOUISVILLE, Ky.—Kentucky Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Whitney Frazier Watt to the Board of Directors of the Governor’s Scholars Program.

by Stites & Harbison, PLLC December 02, 2020
Press Releases

Marjorie Farris to Be First Woman to Lead Stites & Harbison Law Firm

LOUISVILLE, Ky.—Stites & Harbison, PLLC, announced today that Kentucky native Marjorie A. Farris will become the firm’s new Chair effective January 2021. She will be the first woman to lead the firm since its founding in 1832.

by Stites & Harbison, PLLC November 06, 2020