Andrew Howell Myers

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Wheeler Trigg O'Donnell LLP
• Representative Cases & Transactions
  Cases

  Representative Cases: Andrew Myers defends drug
  medical device makers against mass tort litigation involving product liability, personal injury, wrongful death,
  other claims. He has particular experience involving preemption in the pharmaceutical industry
  has briefed numerous trial
  appellate courts, including the U.S. Supreme Court.
  Won a defense verdict in Philadelphia for a hospital
  its physician assistant who diagnosed muscle strain when in fact the plaintiff had an infection that resulted in the amputation of her leg. The jury agreed with WTO's arguments that, given the circumstances, the original diagnosis was reasonable.
  In re: Zoloft Litigation (Cir. Ct. Kanawha Cnty. W. Va. 2016) - Won exclusion of a key plaintiff causation witness
  summary judgment in a West Virginia case alleging that Pfizer's medication, Zoloft, causes birth defects. The witness's exclusion followed depositions establishing his lack of qualifications to serve as an expert on specific causation. As a result of the witness's exclusion, the court granted summary judgment in Pfizer's favor less than three weeks before trial.
  In re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation (E.D. Pa. 2016) - Successfully excluded all of plaintiffs' general causation experts to help Pfizer secure summary judgment in federal Zoloft birth defect MDL.
  Porter v. Smithkline Beecham (Phila. Ct. Com. Pl. 2015) - Contributed to summary judgment win for Pfizer in a Zoloft birth defect case in Philadelphia. WTO partner Jim Hooper cross-examined the plaintiffs' only expert to offer live testimony, leading to the exclusion of both of the plaintiffs' experts. This was the second time courts excluded causation experts in Zoloft birth defect litigation. In 2014, Hooper cross-examined three causation experts in federal multidistrict litigation in Philadelphia
  all three were barred from offering causation opinions.
  Won exclusion of plaintiffs' general causation experts in multidistrict litigation involving more than 600 claimants alleging the antidepressant Zoloft caused birth defects.
  Fletcher v. Pizza Hut (E.D. Va. 2009) - Won a defense verdict for Pizza Hut/Yum! Br
  s in a liability case involving traumatic brain injury
  over $3.5 million in damages following an accident involving a Pizza Hut delivery vehicle.
  Thunder Mountain Custom Cycles v. Thiessen Products, 72 F.3d 604 (D. Colo. 2008) - Obtained dismissal of claims against a manufacturer of high-end motorcycle parts in a product liability case in federal court in Colorado. Following dismissal of plaintiff's claims, WTO's client was awarded over $1 million on its counterclaim of payments owed.
  McNellis v. Pfizer (3d Cir. 2008) - Won a major appeal for Pfizer in a groundbreaking preemption case before the Third Circuit.
  Conroy v. Dennis (Colo. 2006) - Successfully tried to verdict a case in which our clients proved that Colorado's electronic voting systems had not been tested
  certified in accordance with the law. The case led to major changes in Colorado election law.