Andy Johnson has been engaged in pharmaceutical or drug and device litigation throughout his career and has served in organizations concentrating on this specific type of litigation. The firm’s work for this industry includes engagements as national and regional counsel for some of the world’s largest pharmaceutical companies and device manufacturers. Andy has represented Pfizer and Bayer in individual actions as well as multidistrict litigation.
Andy’s work has involved the defense of individual claims, “mass tort” claims, and class actions.
His representative pharmaceutical experience includes:
Appointed as co-defense liaison counsel in In Re Chantix (Varenicline) Products LiabilityLitigation MDL 2092.
Member of company witness team, preparing and defending company witnesses responsible for clinical trials, pharmacovigilance, and product management in depositions in the U.S. and Europe (see In re Xarelto (Rivaroxaban) Products Liability Litigation, MDL 2592).
Member of bellwether trial work-up team, conducting all aspects of case-specific discovery and trial preparation involving pharmaceuticals involved in various consolidated actions in state court and MDL proceedings.
Member of expert development teams in various pharmaceutical mass torts for various disciplines, including pharmacovigilance, neurology, psychiatry, hepatology, gastroenterology, pulmonology, cardiology, epidemiology, and FDA regulations and labeling.
Member of trial support teams for pharmaceutical cases tried to jury verdict in state and federal courts.
Member of marketing and sales representative team for various litigations, developing discovery responses and preparing and defending sales representatives, detail personnel and their managers in depositions.
Listed in The Best Lawyers in America® Commercial Litigation, 2016-2024 Mass Tort Litigation/ Class Actions – Defendants, 2019-2024 “Lawyer of the Year,” Birmingham, 2023 Personal Injury Litigation – Defendants, 2016-2024 Product Liability Litigation – Defendants, 2018-2024 Listed in Who's Who Legal: Product Liability Defence, 2021, 2023 Listed in Mid-South Super Lawyers, 2022 Personal Injury – Products: Defense, 2018-2021 Listed in Alabama Super Lawyers "Rising Star," Business Litigation, 2010, 2013 Personal Injury – Products: Defense, 2014-2015 Martindale-Hubbell® AV Preeminent Rated Alabama State Bar Leadership Forum, 2013 Estate of Jansen, et al. v. Valmont Industries, Inc. et al., 655 S.W.3d 406 Mo.App. W.D., Sep. 27, 2022, rehearing denied (Oct 25, 2022), transfer denied (Dec 20, 2022) Summary judgment in favor of clients on all claims, affirmed by appellate court and denied transfer to Supreme Court of Missouri. Smith v. Hamm, 144 S.Ct. 414 (Mem) (2024) Supreme Court of the United States decision in death row appeal regarding novel execution method. Thomas Jefferson Foundation, Inc. v. Jordan, 200 So. 3d 645 (Ala. 2016) Supreme Court of Alabama decision reinstating defense verdict and judgment on all claims. Batchelor v. Pfizer, Inc., 2013 WL 3873242 (M.D.Ala.) Order granting motion to strike complaint. Browning Enterprises, Inc. v. Rex Iron & Machine Products Co., Inc., 504 F. Supp 2d (N.D. Ala. 2007) Order dismissing case for lack of personal jurisdiction over defendant corporation. Cahow v. Armstrong Wood Products, Inc., CV-2003-136 (Circuit Court of Coffee County, Ala.) Served as lead trial counsel in case resulting in jury verdict for defense in 2008. Ex parte Fontaine Trailer Co., 854 So.2d 71 (Ala. 2003) Representation of trailer manufacturer in wrongful death suit and challenge to the constitutionality of venue rule. Fletcher v. Cooper Tire & Rubber Company, 2013 WL 3874443 (M.D.Ala.), 2013 WL 3854491 (M.D.Ala.) Orders denying motion to remand and motion to amend to add non-diverse party. In re Chantix (Varenicline) Products Liability Litigation,881 F.Supp.2d 1333 (N.D.Ala. 2012) MDL Order holding that boxed warning was an adequate warning as a matter of law. Moore Oil Co, Inc. v D&D Oil Co., Inc., 747 F.Supp.2d 1280 (N.D. Ala. 2010) Order granting summary judgment to defendants on all claims. Moore Oil Company, Inc. v. D & D Oil Company, Inc., 2007 WL 5685049 (N.D. Ala. 2007) Order denying motion to remand on basis of “last-served defendant” rule. Samuel v. The Goodyear Tire & Rubber Co., 2007 WL 4618475 (N.D. Ala.) Order granting motion to strike expert opinion. Signature Holdings Group, Inc., et al. v. Embry, Circuit Court of Taney County, Missouri, Case No: 08AF-CV00434 Jury verdict on all claims. Affirmed on appeal, Missouri Court of Appeals for the Southern District, Case No. SD31525. Southern v. Pfizer Inc., 471 F. Supp. 2d 1207 (N.D. Ala. 2006) Order denying motion to remand based on fraudulent joinder of pharmaceutical sales representative. Worley v. Pfizer Inc., 535 F. Supp. 2d 1252, (M.D. Ala. 2008) Order denying motion to remand based on fraudulent joinder of pharmaceutical sales representative.
