Pfizer Inc.

Issue

Global pharmaceutical manufacturer Pfizer, based in New York City, hired Bradley’s life sciences litigation and appellate teams to handle cases involving thousands of individual plaintiffs nationwide who allege they were harmed by taking metoclopramide, the generic version of the brand-name drug Reglan.

Challenge

Using the novel, and controversial, theory of “innovator liability,” the plaintiffs in these cases seek to hold manufacturers of the brand-name drug Reglan – including Pfizer – liable for injuries allegedly resulting from use of the generic version of the drug, which was manufactured by a different company. Applying traditional product liability principles, courts have overwhelmingly held that brand-name drug makers are not liable for injuries allegedly caused by the generic version of a drug made by a different company.

Solution

Leading the national legal-strategy team for Pfizer in the Reglan mass tort litigation involving innovator liability, our lawyers coordinate appellate briefing, trial-level motion practice, and related oral arguments. Bradley’s team has successfully argued numerous dispositive motions and appeals across the country, involving the laws of Florida, Georgia, Indiana, Kentucky, Maryland, Mississippi, North Carolina, Ohio, Tennessee, Texas, and Vermont.