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Randy Christian is an established pharmaceutical trial attorney who focuses his practice on the defense of pharmaceutical and medical device manufacturers throughout the United States, primarily in the Multi-district litigation (MDL) setting. He is, and has been, trial counsel for pharmaceutical and medical device cases in twelve different states. Randy served as lead trial counsel in a four-month bellwether trial in Southern California for a major medical device company. He also tried to verdict the first bellwether trial in the country involving hormone replacement therapy in a Federal MDL proceeding. 

With nearly 30 years of experience, Randy’s pharmaceutical, mass tort and medical device product liability experience is vast and includes the defense of diabetes medications, anti-seizure medications, anti-hypertensives, opioids, hormone replacement therapy, bisphosphonates, birth control medications, diet drugs, vaccines, spinal cord stimulators, breast implants and several ophthalmic products. In addition, Randy has recent and substantial experience in conducting litigation risk assessments for companies preparing to market new products and marketed products where litigation is anticipated. Finally, Randy also defends pharmaceutical companies in pricing and third-party payor litigation, including government enforcement actions alleging Medicaid fraud and has significant experience defending companies sued under the Texas Medicaid Fraud Prevention Act.

Randy has been recognized by The Legal 500 in Product Liability and Mass Tort Defense: Medical Device and Pharmaceutical category for his outstanding work in these areas. Additionally, Randy has been recognized as a “Life Science Star” by LMG Life Sciences from 2012 – 2023.

 

Bar Admissions

  • Texas, 1992
  • New Jersey, 2017
  • Pennsylvania, 2006

Court Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Eastern District of Texas

Education

  • Baylor Law School, J.D., 1992

    Phi Delta Phi

    Order of the Barristers

  • Texas Tech University, B.A., 1989

    magna cum laude

    Honors Studies

Professional Associations

    • Austin Bar Association
    • International Association of Defense Counsel

      —Drug, Device and Biotech Committee

      —Products Liability Committee

    • Defense Research Institute
      —Drug and Medical Device Committee
    • Texas State Liaison
      —Drug and Medical Device Committee
    • State Bar of Texas 
      Litigation Section
    • Travis County Bar Association
    • Robert W. Calvert American Inn of Court, 1994-1996

Distinctions

    • The Legal 500
      —Named a Leading Lawyer: Product Liability Defense, Pharmaceuticals and Medical Devices, 2021 – 2024
      —Named in Product Liability and Mass Tort Defense: Medical Device and Pharmaceutical Category, 2012 – 2013, 2016, 2018 – 2024
    • LMG Life Sciences
      —Life Science Star, 2012 – 2024
      —Product Liability Attorney of the Year Shortlist, 2021, 2024
    • Benchmark Litigation
      —Local Litigation Star
    • Texas Monthly
      Top Attorney, 2017
    • Super Lawyers Magazine
      —Texas Super Lawyers, 2016 – 2018
      —Texas Rising Stars, 2004 – 2005

Recent News, Events and Blogs


Speaking Engagements

  • “Amendments to Federal Rule of Evidence 702: What’s New, What’s Not for Expert Testimony Gatekeeping," Presenter, Central Texas Bench Bar Conference, March 2024
  • "Pathway to Preemption: Navigating Brand Preemption Post-Albrecht," Co-Presenter, Client Webinar, April 2022
  • "Virtual Trials & Proceedings," Co-Presenter, Current Issues in Pharmaceutical, Medical Device, and Biotech Litigation Virtual Regional CLE Program, February 2021
  • “Critical Insights from a FDA Expert Witness: Frank Lessons from a Decade of Pharmaceutical Litigation” Presenter, ACI Drug & Medical Device Litigation, December 2019
  • "Brand Preemption, Innovator Liability, Personal Jurisdiction, And More… The Key Decisions Affecting Drug and Device Litigation in the Last Year," Co-Presenter, ABA TIPS-Life Sciences, October 2019
  • "The Company’s Front Line: Sales Representatives and Life Sciences Litigation," Presenter, CA Life Sciences Hot Topics Seminar, April 2019
  • "Hot Topics in Drug & Device Litigation," Co-Presenter, Client Presentation, March 2019
  • “Sales Reps and Life Sciences Litigation,” Co-Presenter, Client Seminar, December 2018
  • “Health Sciences: Innovator Liability,” Presenter, PLAC 2018 Fall Conference, November 2018
  • “Brand Preemption, Opioid Observations and Predatory Journals,” Co-Presenter, Client Presentation, November 2018
  • “Key Decisions Affecting Drug and Device Litigation in the Last Year,” Co-Presenter, ABA Life Sciences Legal Summit, September 2018
  • "Prescription Opiates Past, Present, and Future," Co-Presenter, Client Webinar, February 2018
  • "Review & Insights: Recent Verdicts and the Changing Behavior of Jurors,” Co-Presenter, Medical Device and Pharmaceutical Litigation Hot Topics Seminar, October 2017
  • “Pharmaceutical Litigation Trends and Insights,” Co-Panelist, Client Elite Outside Counsel Meeting, June 2017
  • "The Future of the Failure-to-Warn Claim," Presenter, Client Webinar, July 2016
  • "The Future of Drug Warnings: REMS, Medication Guides, and the (Potential) Erosion of the Learned Intermediary Doctrine," Co-Presenter, DRI Drug and Medical Device Seminar, May 2016
  • "Legal Causation in the Era of Big Data," Co-Presenter, Client Presentation, August 2015
  • "The Continued Viability of Brand Preemption Post-Levine," Speaker, Life Sciences Legal Summit, March 2015 
  • "Exploring New Approaches to Bellwether Trial Selection Procedures and Emerging Best Practices for the Consolidation of Mass Torts," Speaker, ACI's 18th Annual Drug and Medical Device Litigation Conference, December 2013 
  • “Legal Issues Surrounding Medical Devices: From How to Get Your Medical Device on the Market to How to Defend Your Medical Device From Liability Claims,” Speaker, 10th Annual IEEE Symposium on Product Compliance Engineering, October 2013
  • "Preemption Defenses in Pharmaceutical Cases," Speaker, Bowman and Brooke Hot Topics Seminar: New Trends in Defending Medical Device and Pharmaceutical Litigation, April 2013 
  • "Panel Discussion: Pilva v. Mensing Redux? What Does the First Circuit Court of Appeals Decision in Barlett v. Mutual Mean for Generic Preemption?," Panelist, Third Annual Pharmaceutical Labeling Summit, October 2012
  • "Defense Tactics for Generic and Brand Pharmaceutical Companies after Mensing and Levine," Speaker, ACI's 16th Annual Drug and Medical Device Litigation Conference, December 2011
  • "Managing the Work/Life Balance," Speaker, Inside Counsel's 11th Annual Super Conference Roundtable Discussions, May 2011
  • "Litigation Risk Assessments," Speaker, Bowman and Brooke Medical Devices and Pharmaceuticals Hot Topics Seminar, March 2011
  • "The Impact on Litigation of Evaluating Adverse Event 'Causation' in Clinical Trials," Speaker, FDA Enforcement Summit, May 2011
  • "Qui Tams Stemming From Regulatory Violations," Speaker, FDA Enforcement Summit, 2010
  • "Operating in an Aggressive Government Enforcement Climate: Ensuring Enforcement Activities do not Negatively Impact Product Liability Litigation and Vice Versa," Speaker, ACI's 14th Annual Drug and Medical Device Litigation Conference, December 2009
  • "Debunking Junk Science & Expert Witness Cross Examination," Speaker, Drug & Medical Device Litigation Seminar, 2006
  • "Setting the Stage: Minimizing Product Liability and Other Litigation Risks When Conducting Clinical Trials Outside the U.S.," Speaker, International Clinical Trials, 2008
  • "Ethics In Law and Business Meeting: Alternative Fees and Professionalism," Speaker, October 2009
  • "New Discovery Rules in Texas," Moonshine Productions, 2001
  • "Law and the Humanities," Law and the Humanities Seminar, 1993

Publications

  • "Avoiding the “Causation Conflation” Trap in a Pharmaceutical Case," Co-Author, Chapter in DRI’s Science Basics for the Drug and Medical Device Lawyer, 2020
  • "The Future of Drug Warnings: REMS, Medication Guides, and the (Potential) Erosion of the Learned Intermediary Doctrine," Co-Author, Defense Research Institute Course Materials, May 2016
  • "Mission Impossible: Impossibility Preemption Post-Levine," Law360 Product Liability, Life Sciences, and Privacy & Consumer, Co-Author, January 2013
  • "Preemption Defense for Generic Pharmaceutical Companies," Medmarc News and Resources, January 2012
  • "New FDA Safety Reporting Requirements and the Impact on Litigation: Evaluating Adverse Event Causation in Clinical Trials," For the Defense, Co-Author, August 2011
  • "Pharmaceutical Companies, Off-Label Promotion and Qui Tam Actions," Business Crimes Bulletin, Vol. 18, No. 11, Co-Author, July 2011
  • "A Perfect Storm: Qui Tam Actions in the Pharmaceutical Industry," In-House Defense Quarterly, Co-Author, Spring 2011 
  • "Fighting the Unholy Alliance," San Francisco Daily Journal & Los Angeles Daily Journal, Co-Author
  • "Procedural Issues in Breast Implant Litigation: The Doctrine of 'Fraudulent Joinder' and Multi-District Litigation," Association of Defense Counsel Fall Meeting, Co-Author, 1992