Our Approach

 

Davis Polk represents a number of clients in the health care and life sciences industry in connection with the full range of litigation challenges that confront them, including criminal and regulatory investigations, antitrust matters, pricing and labeling litigation, false advertising claims, product liability actions, False Claims Act litigation, securities litigation and patent litigation, among many other matters.

Our substantial number of clients in this area include AstraZeneca, Pfizer, Hoffmann-La Roche, Shire, Warner Chilcott, CVS Caremark, WellCare, VNUS Medical Technologies, MAP Pharmaceuticals and Smith & Nephew, among other companies, as well as individuals.

Notable Matters

  • We successfully represented Pfizer in numerous consumer fraud class actions, including federal multidistrict litigation (MDL), relating to the marketing of Neurontin. We defeated class certification in the MDL and in state courts and have won dismissal of a number of other purported class actions brought on behalf of national and statewide classes of consumers and third-party payers.


  • We have successfully represented numerous pharmaceutical and medical device companies in grand jury and government investigations. These cases have involved allegations of violations of the misbranding statute and the anti-kickback statute, among other federal statutes.


  • We have successfully represented senior pharmaceutical executives in DOJ investigations concerning possible charges pursuant to the Responsible Corporate Officer (“Park”) Doctrine.


  • We represent AstraZeneca in numerous cases in which private insurers, consumers, states and state agencies have asserted various common-law and consumer protection claims in federal and state courts relating to allegedly inflated reimbursements for prescription drugs by Medicare, Medicaid and private insurers. These actions have involved extensive pretrial proceedings, trials and appeals.
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