Drug and Medical Device Liability

Drug and Medical Device Liability

Montgomery & Andrews has been active in representing pharmaceutical companies in product liability litigation in New Mexico. Montgomery & Andrews represented Wyeth as local counsel in over 20 separate lawsuits involving over 100 named plaintiffs who allegedly suffered heart valve damage and/or pulmonary hypertension secondary to their ingestion of the prescription diet combination, Phen-Fen. In this litigation, the defense often was specific causation, which included investigation of plaintiffs’ experts’ diagnosis of diet-drug induced valvulopathy or an alternative explanation for whatever valvulopathy a small subset of plaintiffs may have exhibited. Montgomery & Andrews attorneys deposed more than 100 treating internists, cardiologists, and pulmonologists across the Southwestern United States. With Wyeth’s national defense counsel, Montgomery & Andrews participated in the trial in Garica v. Wyeth in the First Judicial District, Santa Fe County, New Mexico, which resulted in the first defense verdict for Wyeth in the Phen-Fen litigation. Montgomery & Andrews also actively participated in the trial of St. Martin, et al,. v. Wyeth in the First Judicial District Court, Rio Arriba County, New Mexico which settled three weeks into the trial. Montgomery & Andrews also represented Pfizer as local counsel in suits in which plaintiffs alleged liver damage from taking Rezulin. As with the Phen-Fen claims, the defense was specific causation, requiring the collection and analysis of plaintiffs’ medical records and depositions of plaintiffs’ physicians and plaintiffs.