Concentration

Life Sciences litigation including product liability, pharmaceutical and toxic tort litigation

Summary

David Cohen brings over a decade of focus on scientific and medical issues to the defense of complex lawsuits brought against individual companies and industry. A partner in the firm’s Life Sciences litigation practice, he has held lead science counsel positions in U.S. mass tort litigation targeting manufacturing and pharmaceutical products. Collaborating closely with national coordinating and trial counsel on “virtual” law firm teams, Mr. Cohen formulates scientific defense strategies and develops expert witness resources to rebut plaintiff claims of disease diagnosis and causation. He has substantial experience challenging the admissibility of expert opinion testimony, having served courtroom roles at Daubert, Frye and Havner proceedings.

Mr. Cohen has cross-examined more than 90 expert witnesses and treating physicians in epidemiology, pharmacology, toxicology and numerous specialties in clinical medicine. He has been invited to speak on expert witness issues at Continuing Legal Education seminars and has addressed industry groups in South Korea and South Africa on U.S. mass tort litigation.

Mr. Cohen began his legal career serving as a law clerk for two years to the Federal District Court’s Honorable D. Brook Bartlett in the Western District of Missouri at Kansas City.

Representative Engagements

• Manganese welding fume litigation - serves as national science counsel to an industry group in nationwide mass tort litigation arising from claims of Parkinson’s disease and other neurological injuries from exposure to manganese compounds in welding fumes
• Metoclopramide litigation - serves as national science counsel to a group of pharmaceutical companies defending claims that generic Reglan® causes tardive dyskinesia and other involuntary movement disorders
• Fenfluramine/Phentermine litigation - served as national science counsel to a pharmaceutical company in the diet drug (“fen-phen”) mass tort litigation and held lead positions at the company’s first state court Daubert hearing and the industry’s MDL Daubert hearing in federal district court in Philadelphia
• Methylphenidate litigation - served as national science counsel to a pharmaceutical company in cases alleging violent adolescent behavior from the misuse of methylphenidate (generic Ritalin®)
• Flu vaccine litigation - served as national science counsel to a pharmaceutical company in cases alleging the development of Guillain-Barré syndrome following influenza vaccination
• Ephedra litigation - served as national science counsel for dietary supplement companies in mass tort litigation alleging cardiovascular and cerebrovascular injuries, and held key roles at a Havner/Robinson hearing in Galveston, Texas and at the industry’s MDL Daubert hearing in federal district court in New York

Publications, Speeches and Presentations

Publications

• “Battle Of The ‘Experts’: Daubert And Milward,” Product Liability Law360 and Appellate Law360, January 2012
• “Tiptoeing Through Mass Tort Litigation,” Risk Management Magazine, April 2001 (co-author)

Speeches and Presentations

• Faculty Member, “Expert Witnesses at Trial,” Expert Witness 2011, Practising Law Institute, New York, January 2011
• Faculty Member, “Out of the Frye-ing Pan, Into the Hearing,” State of New York Unified Court System Judicial Seminar, New York, July 2002 (Invitation from the Honorable Alan D. Oshrin, J.S.C.)
• Panelist, “Litigating Kumho Tire, Daubert, and Frye in State and Federal Courts,” New York State Bar Association Seminar, New York, April 2002
• Lecturer in Residence, “Daubert and Mass Tort Litigation,” Valparaiso University School of Law, Valparaiso, Indiana, March 2002
• Session Chairperson and Speaker, “Scientific Evidence in the Courtroom: A Strategic Overview for Pharmaceutical Professionals,” 37th Annual Meeting, Drug Information Association, Denver, July 2001
• “Expert Witnesses,” Marino Institute for Continuing Legal Education, New York, December 2000