Overview
Adam Masin has over the past 20 years successfully managed and litigated dozens of pharmaceutical and medical device product liability litigations for leading pharmaceutical companies and medical device manufacturers, and health care institutions. Clients seek Adam’s counsel on product liability, medical negligence and commercial litigation, and he is particularly experienced in multidistrict litigations (MDLs), consolidated state actions and individual lawsuits involving complex medical issues. He also advises companies on FDA issues, product risk management and investigations. Adam is able to draw on a wealth of contacts in Europe and Brazil to handle cross-border issues.
Adam handles complex medical-related litigation for Connecticut’s world-renowned university-affiliated health care system. His experience includes litigations involving drugs, devices, nutritional supplements, probiotics, neonatology, cardiology, oncology, urogynecology, orthopedics, mycology, hematology, neuropsychology, internal medicine, primary care and a range of other medical specialties. Adam serves on the Board of Directors of the NEC Society, the leading 501(c)(3) dedicated to the neonatal disease necrotizing enterocolitis
Adam has handled appeals in the Second Circuit and Sixth Circuit, and appeared in numerous federal and state courts. He served as judicial intern for U.S. Magistrate Hon. Arlene R. Lindsay in the Eastern District of New York.
Experience
- Obtained complete defense victory as trial counsel for Yale New Haven Hospital in a product liability lawsuit involving the use of probiotics to prevent necrotizing enterocolitis.
- Prepared expert medical witnesses for deposition and trial testimony in the Hip Implant Products MDL.
- Handled all case-specific discovery in one of four MDL Bellwether trial cases for a female pelvic mesh manufacturer. Adam has handled case-specific discovery in dozens of individual pelvic mesh lawsuits.
- Obtained a favorable eight-figure settlement on behalf of an international pharmaceutical manufacturer in a commercial litigation involving the U.S. marketing of their branded drug.
- Obtained complete trial court and Second Circuit victories in Megna v. Food and Drug Administration, a product liability lawsuit involving Interferon.
- Obtained complete trial court and Sixth Circuit victories in a diet drug lawsuit, Montgomery v. Wyeth, based on the Tennessee statute of repose, and successfully defended a collateral attack on the judgment in the MDL Court.
- Obtained complete trial court and appellate victories in Nelson v. Wyeth, the first hormone therapy case to go to trial in the Philadelphia Court of Common Pleas.
- Obtained complete trial court and appellate victories in Cochran v. Wyeth, setting Pennsylvania precedent that a failure to warn claim cannot be based on injuries the plaintiff did not have.
- Briefed Wyeth’s summary judgment motion in Bailey v. Wyeth, which held Wyeth’s hormone therapy warnings to be adequate as a matter of New Jersey law and resulted in dismissal of hundreds of cases.
Services & Industries
Credentials
Bar Admissions
Connecticut
New York
Court Admissions
U.S. District Court for the District of Connecticut
U.S. District Court for the Southern District of New York
Education
Fordham University School of Law
J.D. Fordham International Law Journal, National Moot Court Team (2000)
University of Wisconsin, Madison
B.A. (1995)
Insights & Events
Latest
Insights
Other Perspectives
- March 26, 2019
Second Circuit Holds That Pre-Service "Snap Removal" Is Consistent With The Forum Defendant Rule - November 27, 2018
ICIJ Releases Highly Critical – and Flawed – Investigation of Global Medical Device Industry and Regulators - November 26, 2018
The 2018(ish) FDA "De Novo" Cleared Medical Device Holiday Buying Guide - June 18, 2018
Federal "Right to Try Act" Becomes Law: What Your Risk Management Team Needs to Know - June 20, 2017
SCOTUS Finally Ends Litigation Tourism In Product Liability Suits - January 10, 2017
Sweeping Connecticut Supreme Court Decision Refines Existing Tort Law - December 13, 2016
Senate Passes 21st Century Cures Act - November 4, 2016
The 510(k) Process Does Involve a Relevant Safety Review, Despite What You May Have Read or Heard - June 22, 2016
Connecticut's New "Right to Try" Law Provides Hope for Patients and Providers, but FDA Remains in the Driver's Seat - June 15, 2016
A Symbolic Victory? FDA's Final Rule On Stand-Alone Symbols In Medical Device Labeling Raises Important Litigation Risk Questions - May 20, 2016
The Connecticut Supreme Court Modifies The State's Consumer Expectation Test By Adopting The Modified Test - August 10, 2015
Don't Curb New York's Teacher Tenure Lawsuit - July 21, 2015
Going through the car wash - December 16, 2013
Homeland and Anticipated Life (under Tennessee law): Being On the Wrong Side of Policy Isn't Always Unjust
Leadership & Community
Pro Bono
- NEC Society Board of Directors (2019)
- Just the Beginning, Pipeline Organization Summer Legal Institute Moot Court
- Pro bono work for nonprofit education advocacy group, recovered a client’s home in a tangled title case and provided advice to a Brazilian nonprofit environmental foundation
Professional Associations
- American Bar Association, Section of Litigation
- Connecticut Bar Association
- Hartford County Bar Association
- DRI: The Voice of the Defense Bar
- Brazilian-American Chamber of Commerce