Erin M. Bosman

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.

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.

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. A four week international arbitration conducted in London under the law of England and Wales before a three member tribunal then followed to apportion liability for the accident among certain defendants. The arbitration resulted in a finding Honeywell was without fault for the accident and an award of costs against certain defendants in favor of 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.

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.

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.

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.

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.

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.

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.

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.

Represented pharmaceutical company in a case regarding the provision of treatment in one of the company's clinical drug studies.

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.

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.