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, 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 state-wide classes of consumers and third-party payers.
  • 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 reimbursement for prescription drugs by Medicare, Medicaid and private insurers. These actions have involved extensive pretrial proceedings, trials and appeals.
  • We represented a Special Committee of the Board of WellCare in its investigation into matters raised as part of an investigation by certain federal and state agencies.
  • We successfully defended Roche against a claim by Procter & Gamble that Roche’s advertising of Boniva, an osteoporosis medication, was false and misleading. After an evidentiary hearing, the court denied Procter & Gamble’s motion for preliminary injunction.
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