Erin Bosman serves as chair of the firm’s Product Liability Practice Group. Her practice covers a wide range of product liability issues with particular expertise in the pharmaceutical and aviation industries. She has experience representing clients as national coordinating and trial counsel in class actions and multijurisdiction and multidistrict proceedings. Ms. Bosman has tried jury cases to verdict in state and federal court, and has successfully argued before the Second Circuit and California Court of Appeal. She was recognized by Daily Journal as one of California's "Top Women Litigators."
Many of the pharmaceutical cases that Ms. Bosman handles involve lawsuits alleging failure to warn, preemption, and causation issues. She has acted as national counsel for clients in multiple matters throughout the pharmaceutical and medical device industry. She also counsels clients on matters pertaining to their product development and, when necessary, guides clients through the process of a product recall. Ms. Bosman also counsels clients regarding judicial and legislative efforts to limit liability, warning and labeling requirements, and risk assessments. Ms. Bosman has represented clients in MDLs throughout the United States, and in various international courts abroad. She has also provided counsel in cases dismissed in the United States for forum non conveniens in favor of foreign courts.
In 1997, Ms. Bosman was a judicial extern for the Honorable James F. Stiven, U.S. Magistrate Judge, Southern District of California. From 1996-1997, she was a counselor for the Domestic Violence Restraining Order Clinic in San Diego. Ms. Bosman received her J.D. from the University of San Diego School of Law, magna cum laude and Order of the Coif, in 1999. During law school she was an editor for the San Diego Law Review.
Ms. Bosman is a member of the International Aviation Womens Association and is a past presenter at the Annual SMU Air & Law Symposium. She is also a Barrister in the J. Clifford Wallace Inn of Court, and a member of the Association of Business Trial Lawyers, the Litigation Section of the California State Bar, and the San Diego County Bar Association.
Pain Pump Matters
Serving as national counsel for a major pharmaceutical company in product liability cases filed in jurisdictions around the United States. The cases alleged that local anesthetic products used in pain pumps contributed to the development of post-surgical chondrolysis, a degenerative condition of the shoulder. We achieved the dismissal of our client from 186 cases consisting of 478 plaintiffs. Many of these dismissals were accomplished through successful motions to dismiss, and persuading plaintiffs’ counsel to dismiss our client without it paying a single settlement.
In re Aredia and Zometa Litigation
Represented a major pharmaceutical company in MDL proceedings and state-consolidated cases in which more than 200 plaintiffs claimed that pamidronate, an injectable drug used in the treatment of certain cancers, causes a degenerative condition of the jaw. On January 30, 2012, we obtained dismissals from all remaining plaintiffs in the MDL. The MDL court found that plaintiffs’ claims boiled down to failure to warn claims and, therefore, were preempted under the U.S. Supreme Court's decision in Mensing. In addition to MDL proceedings in the Eastern District of New York, we represented our client in New Jersey mass tort proceedings.
In re Reglan/Metoclopramide Litigation
Representing a major generic pharmaceutical company in hundreds of lawsuits (comprising more than 2,000 individual claims) that have been filed in numerous jurisdictions around the United States, alleging that Reglan/metoclopramide (when prescribed off-label for psychiatric purposes) causes significant side effects and damages health. The cases are pending in mass tort proceedings in Pennsylvania, New Jersey, and California.
Gol Airlines Flight 1907 Litigation
Represented Honeywell International Inc. in a lawsuit involving a mid-air collision between a Boeing 737-800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600, operated by ExcelAire Services, over the Amazon jungle, Brazil, on September 29, 2006. The accident resulted in the deaths of 154 passengers and crewmembers. Cases were brought in seven different districts, and we were successful in obtaining consolidation of the cases for MDL treatment in the Eastern District of New York. In late July 2008, the motion to dismiss the cases to Brazil for forum non conveniens was granted. The Brazilian carrier is settling the cases with claimants in Brazil. On appeal, the District Court's dismissal of the consolidated actions was affirmed by the Second Circuit.
Chinook Helicopter Crash in Afghanistan (Getz v. Honeywell)
Obtained summary judgment based on the government contract defense for Honeywell International Inc. in litigation arising from the crash of an Army special operations Chinook in Afghanistan on February 17, 2007. Eight people died and 14 were injured when the special operations Chinook crashed while returning from a mission pursuing a member of Al Qaeda. In August 2011, the Ninth Circuit affirmed the decision ruling that Honeywell and the other government contractor defendants were not liable for the crash.
Serving as national counsel in numerous cases filed around the United States, alleging side effects from heparin-induced thrombocytopenia (“HIT”). Our client is the largest manufacturer of heparin, a prescription injectable blood coagulant often used in hemodialysis and cardiac invasive procedures.
Eye Drop Class Action Litigation
Defended a major pharmaceutical company in a class action case alleging that one of its ophthalmologic products contained insufficient preservatives and was subject to contamination resulting in an infectious injury. The case settled favorably for our clients.
Bayer PPA Litigation
Represented Bayer Corporation in PPA litigation. PPA was an ingredient of Alka Seltzer Plus, and other cough and cold remedies. Hundreds of cases were filed around the country alleging a correlation between the use of PPA and subsequent strokes.
Cholesterol Lowering Drug Litigation
Defended a major pharmaceutical company in mass tort litigation in which Ms. Bosman coordinated discovery for more than 500 cases pending in federal and state courts. She also prepared ten cases for trial and was liaison with national counsel.
Cessna Caravan 208 Icing Accidents
Representing Cessna Aircraft Company as national coordinating counsel in individual personal injury and wrongful death cases pending in various jurisdictions in the United States arising from accidents involving Cessna Caravan 208 aircraft flown in alleged icing conditions.
Alaska Airlines Flight 261
Represented Alaska Airlines as lead trial counsel in multi-district litigation involving wrongful death and survival claims by heirs and estates of the 88 passengers and crew who perished in the crash of Alaska Airlines Flight 261 on January 31, 2000 near Point Mugu, California. Intensive fact and expert discovery led to a series of successful motions to remove punitive damages from the case, limit theories of recovery against the airline under the Warsaw Convention, stipulate liability to remove potentially harmful evidence from the trials, and prepare and try damages claims. Trial commenced in the MDL court in the United States District Court for the Northern District of California, in ten wrongful death cases leading to settlements during trial of all but one of the remaining cases. After remand to the Central District of California and transfer back to the Northern District of California for trial, the remaining case settled.
Abbott Diabetes Care v. DexCom, Inc.
Won a motion to dismiss the complaint due to prematurity, and a motion to stay the case due to pending PTO reexaminations, on behalf of DexCom, Inc., a San Diego developer and manufacturer of a device for the continuous monitoring of glucose in people with diabetes, in a patent infringement case involving glucose monitoring patents. Seven months before DexCom's continuous glucose monitoring device received FDA approval, Abbott sued DexCom, and the DexCom litigation team convinced the court that it lacked jurisdiction to hear the dispute when filed. The DexCom patent prosecution team filed requests for reexamination of each asserted patent, all of which were granted. The DexCom litigation team then persuaded the court to stay the case pending reexamination and later convinced the court to strike an amended complaint adding more patents.
Pharmaceutical Product Consumer Class Action Litigation
Represented major pharmaceutical company in a consumer class action case alleging violations of consumer fraud of the Consumer Confidentiality of Medical Information Act, and of Cal. Bus. & Prof. Code section 17200. Successfully demurred to multiple amendments to the complaint leading to final judgment in favor of the client.
Clinical Trial Litigation
Represented pharmaceutical company in a case regarding the provision of treatment in one of the company's clinical drug studies.
Southwest Airlines Flight 1455
Retained in March of 2000 to represent Southwest Airlines in the most serious incident in the history of that airline. All but two of the numerous cases were settled, most after a summary judgment decision by the court denying punitive damages. Two cases went to trial, and both cases the judgments were less than the amounts offered in settlement.
Glassman v. Southwest Airlines
Represented Southwest Airlines in a trial arising from the death of an unruly passenger. Ms. Bosman argued the case on appeal to California court resulting in affirmation of trial verdict.