Butler Snow attorneys secured a complete defense victory for Teva Pharmaceuticals USA, Inc., Teva Women’s Health, Inc., and Teva Women’s Health, LLC in a New Jersey product liability action involving the Paragard® intrauterine device. The court granted summary judgment in Teva’s favor and dismissed the plaintiff’s claims with prejudice. In doing so, the court found that the plaintiff’s failure-to-warn and design defect claims were preempted by federal law and independently failed under New Jersey law. The court also granted in part Teva’s motion for discovery sanctions, barring the plaintiff’s general liability experts from testifying.
Pamela L. Ferrell and Jordan N. Walker led Teva’s defense on the matter, with Walker arguing Teva’s sanctions motion and motion for summary judgment. Kyle R. Cummins, Charles A. (Chad) Byrd, and M. Elizabeth Roper handled the briefing. Greg Coates of Greenberg Traurig served as New Jersey counsel and argued Teva’s motion to exclude the plaintiff’s case-specific expert, Dr. Richard Luciani.