Currently, Rick serves as defense liaison counsel for dozens of generic pharmaceutical defendants in the Zantac multidistrict litigation (MDL) and as lead defense counsel for a pharmaceutical company in the personal injury product liability and consumer class action multidistrict litigation related to over-the-counter medicine ranitidine (Zantac) and alleged exposure to N-Nitrosodimethylamine (NDMA). Rick is also serving as national counsel to a pharmaceutical company in connection with personal injury claims alleging that asbestos contamination in talcum powder products causes cancer. Rick represents medical equipment manufacturers in trade secret misappropriation and trademark infringement cases under the Lanham Act.

In 2018, Rick prevailed in a product liability case for a Danaher subsidiary. After successfully excluding the plaintiff’s expert during a Daubert hearing, the court granted defendant’s motion for summary judgment. In May 2018, Rick and Linda Woolf obtained a verdict in the Northern District of Texas awarding their client multi-million dollars in damages in connection with the sale of pharmacy automation equipment. Rick along with Linda and Matt prevailed in a commercial arbitration tried in Chicago on behalf of Dentsply Sirona in December 2017, successfully enforcing a covenant not to compete against a former consultant. The team also defeated a counterclaim for royalty payments in connection with a proprietary manufacturing process.

In June of 2017, Rick and Linda obtained a preliminary injunction on behalf of a medical device client that enjoined a consultant and former employer from competing. Also, in June 2017, he, Linda and Derek Stikeleather successfully defeated plaintiffs’ motion for class certification in a decade-long class action pending in the Eastern District of Pennsylvania.

In 2015, Rick and Linda defeated a multi-million dollar claim for patent royalties based on various endodontic patents and inventions. His client, Dentsply International, was also relieved of its obligation to pay future royalties on several of the disputed patents and inventions. In December of 2013, Rick and Linda successfully defended Dentsply International in a three-week California UCL class action trial in San Francisco Superior Court. The California Court of Appeals affirmed the win on appeal in January 2018. In 2013, he also successfully litigated a complex state procurement dispute before the Maryland Board of Contract Appeals on behalf of an institutional pharmacy. Rick has also tried to verdict complicated multi-plaintiff product liability, pharmaceutical, and medical device cases. He has briefed or argued cases before the United States Supreme Court and various state and federal appellate courts. He is currently serving as national counsel in two pharmaceutical litigations involving over-the-counter medications.

Representative clients include Pfizer Inc, Wyeth, Telectronics Pacing Systems, Inc., Pacific Dunlop, Ltd., Dentsply Sirona, Danaher Corporation, Hill-Rom, Johnson & Johnson, DePuy Orthopedics, L. Perrigo Company, Nissan Motor Credit Corporation, Lafarge, ARINC, Vermont Talc, A.H. Robins Co., Gruss & Co., Correct Rx Pharmacy and several local businesses.

Rick’ significant representations include trials for Pfizer Inc and/or Wyeth relating to the Bjork Shiley Mechanical Heart Valve (1985-1999), Rezulin (2000-2004), the Howmedica Unicompartmental Knee (2001-2004), Diet Drugs (2003-2005), and Neurontin (2007-2011).

Rick has represented Pfizer in the hormone therapy litigation in cases in several jurisdictions including Maryland, Pennsylvania, Minnesota, West Virginia, and Virginia. He also had significant responsibilities for preparing and presenting scientific evidence in the Celebrex, Bextra and Chantix Litigations. He has briefed and argued several Daubert motions in pharmaceutical cases. Rick served as national counsel to Pfizer and its subsidiaries for claims and disputes arising from the manufacture and sale of the Duracon Unicompartmental Knee and over-the-counter pain relievers. In addition, he obtained a temporary restraining order and permanent injunction against the owner of a pornographic web site in Maryland for the infringement and dilution of Pfizer's "Viagra" trademark.

Rick served on the firm's national counsel team representing Telectronics Pacing Systems, Inc. in connection with thousands of claims arising out of the alleged failure of pacemaker leads. In this role, he was responsible for defending two national class actions, coordination of the litigation in Canada, Australia, and France, and the presentation of scientific, engineering, and regulatory evidence in various hearings for a class summary jury trial.

Rick represents L. Perrigo Company in cases in California, Maryland, Virginia, Pennsylvania, Indiana, New Jersey, and the District of Columbia involving over-the-counter medications including aspirin (Reyes Syndrome), acetaminophen, and ibuprofen.

Rick also represented ARINC, a provider of Advanced Information Management, for a rail control center in the matter of the Fort Totten Metrorail Accident Cases in the United States District Court for the District of Columbia. He was primarily responsible for preparing and presenting technical and scientific evidence pertaining to software design, train tracking algorithms, alarm management, and accident reconstruction.

Richard M. Barnes

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