Taking a cue from the old adage, “The best defense is a good offense,” the eight-lawyer legal department at Houston medical devices maker Cyberonics, Inc. is taking an aggressive approach to products liability claims.
Darren Alch, Cyberonics’ general counsel and compliance officer, said that when the company receives a letter from a plaintiff lawyer representing a client with an alleged products liability claim, “we very aggressively put in front of them” the protections afforded by the Federal Food, Drug and Cosmetic Act’s Medical Device Amendments (MDA). Those protections are spelled out in a letter drafted and sent by an outside counsel, Peter Bambace, a partner in Houston’s Holm Bambace.
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