Law360, an online legal news outlet, recently published its list of the top six product liability rulings for the first quarter of 2010. Dechert attorneys were involved in two of the six cases, with lead roles in Guinn v. AstraZeneca USA Inc. et al and Ratner v. McNeil-PPC Inc.

Dechert's Steven B. Weisburd, who argued Guinn on behalf of AstraZeneca in the Eleventh Circuit appeal and in the district court proceedings, was quoted in the article. In addition to Guinn, Weisburd has successfully argued Daubert and summary judgment motions for AstraZeneca in other Seroquel cases pending in the federal MDL as well the coordinated state-court proceedings in Delaware and New Jersey, and was assisted on the Guinn briefing in the Eleventh Circuit by Dechert partner Steven A. Engel and counsel David Venderbush.

"We're gratified that AstraZeneca entrusted Dechert with a significant role on this issu—both at the district court level and before the 11th Circuit—and that we were able to help bring about this wonderful, and deserved, result," said Ezra D. Rosenberg, co-chair of Dechert's mass torts and product liability practice.

Dechert is one of several law firms representing AstraZeneca LP in personal-injury litigation involving Seroquel, an atypical antipsychotic medication approved by the FDA for treating serious mental illnesses. Plaintiffs assert a series of claims (primarily failure-to-warn claims) based on their core allegation that taking Seroquel caused plaintiffs to get diabetes.

Partner Robert W. Sparks led the Dechert team that obtained the positive ruling for McNeil in the Ratner matter. Counsel Debra O'Gorman and associate Michael Planell drafted the moving papers, while associate Patrick Broderick argued the motion.

In discussing the ruling, Law360 noted the Supreme Court of the State of New York, Kings County "agreed with McNeil's contention that there was no scientifically acceptable evidence linking cirrhosis and Tylenol's main component acetaminophen, ruling that the plaintiff's expert testimony failed to pass the Frye test that requires a scientific theory to be generally accepted within the scientific community."

Dechert has represented Johnson & Johnson and its subsidiaries Ortho-McNeil-Janssen Pharmaceuticals, Inc. and McNeil-PPC, Inc. for many years in product liability actions arising from plaintiffs' alleged exposure to a variety of the companies' pharmaceutical and over-the-counter drugs. These products have included a leading name-brand analgesic, oral contraceptive products, medications formerly containing PPA, hormone replacement therapy, and others. In particular, Sparks has served as lead trial counsel in more than 100 jury trials.

"We're proud of our team's long partnership with J&J and the trust they place in us to defend their product liability cases. Significantly, our team was able to convince the court on the science and the law so as to avoid the expense of trial," said Sean P. Wajert, co-chair of Dechert's mass torts and product liability practice.