Major Pharmaceutical Company

O’Melveny has secured multiple important rulings defending claims brought against a Fortune 50 pharmaceutical company involving its sunscreen products, opioid painkillers, and pelvic mesh devices.  

Suncreen Litigation
  • O’Melveny successfully defended four putative class actions alleging the company misled consumers about its sunscreen products’ protection and water resistance.  A California state court dismissed two suits on the grounds that the plaintiffs’ claims were preempted by the FDA’s Final Rule governing sunscreen labeling.  The Court of Appeal recently affirmed those rulings and the California Supreme Court denied review.  In two similar cases filed in Florida federal court, O’Melveny significantly narrowed the putative class actions on preemption grounds and also eliminated the plaintiffs’ claims for injunctive relief and based on products they did not purchase.  O’Melveny ultimately won summary judgment in one of those cases and defeated class certification in the other.  Other major sunscreen manufacturers agreed to multi-million dollar settlements in the same litigation O’Melveny defeated on behalf of its client.  
Opioid Painkiller Litigation
  • O’Melveny achieved an important win in the Northern District of Illinois when the court granted the firm’s motion to dismiss claims brought by the City of Chicago against our client and three other pharmaceutical companies alleging deceptive marketing of opioid painkillers.  In a similar case brought by two California counties, the firm persuaded the state trial court to stay the matter in deference to the primary jurisdiction of the Food and Drug Administration.  
Pelvic Mesh Litigation
  • O’Melveny persuaded a Texas appellate court to reverse a jury verdict finding that a defect in the design of a vaginal mesh device made by our client caused a woman’s injuries.  The court held that the plaintiff failed to present enough evidence for a reasonable juror to find that any defects caused her alleged injuries.  As a result, the court reversed the trial court’s US$1.2 million judgment in favor of our client.  The decision in this closely watched case garnered press coverage from multiple news outlets, with one observer predicting that the ruling “has the potential to be a tipping point in pelvic mesh litigation.”  In another significant appellate victory earlier in the year, O’Melveny persuaded the Fourth Circuit Court of Appeals to affirm a directed verdict entered in the first case to go to trial in the federal pelvic mesh product liability litigation MDL.

Antipsychotic Drug

  • O’Melveny represents a Fortune 50 pharmaceutical company in its defense of Attorneys General lawsuits in Arkansas, Louisiana, Texas, West Virginia, and other states over its marketing of an antipsychotic drug. In 2014, we helped secure a favorable settlement mid-trial in Texas and obtained reversals in the Arkansas Supreme Court of a record-setting US$1.4 billion award and in the Louisiana Supreme Court of a US$330 million judgment.