Eben S. Flaster

Eben Flaster’s practice focuses primarily on defense of pharmaceutical, biotech, and other large corporate clients in complex litigation matters. Over the past 17 years, Mr. Flaster has represented Abbott, Alcon, Amgen, AstraZeneca, Boehringer Ingelheim, Eisai, Eli Lilly, GlaxoSmithKline, Merck, Novo Nordisk, Perrigo, Pfizer/Wyeth, and Takeda in products liability litigation, government investigations, and internal compliance and risk mitigation projects.  He has been actively involved in products liability litigation involving Actos®, Advil®, Baycol®, diet drugs, Diflucan®, ephedra, erythropoietin-stimulating agents (Aranesp® and Epogen®), Fragmin®, Pradaxa®, proton pump inhibitors (Prevacid® and Dexilant®), Seroquel®, Victoza®, Vioxx®, and OTC ibuprofen and acetaminophen. Mr. Flaster has been responsible for large fact investigations, preparing and defending executive-level company witnesses, and crafting and implementing expert and trial strategy. He has served on multiple trial teams across a broad array of products, including type 2 diabetes medications, statins, diet drugs, and nutraceuticals.

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Professional Associations

  • The International Association of Defense Counsel (IADC)
  • The Defense Research Institute (DRI)
  • Philadelphia Bar Association

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Representative Matters

Mr. Flaster has represented Abbott, Alcon, Amgen, AstraZeneca, Boehringer Ingelheim, Eisai, Eli Lilly, GlaxoSmithKline, Merck, Novo Nordisk, Perrigo, Pfizer/Wyeth, Takeda, and other large corporate clients in national products liability litigation, government investigations, and internal compliance and risk mitigation projects.  He has extensive knowledge and experience interpreting the complex legal and regulatory framework governing the sale and promotion of prescription and OTC pharmaceutical products, including FDA regulations, industry guidance, enforcement actions, OIG best practices, the PhRMA Code, and other laws and standards governing product labeling, promotional and non-promotional activities, interactions with healthcare professionals, and proper sales practices.

Mr. Flaster has served on multiple trial teams across a broad array of products, including type 2 diabetes medications, statins, diet drugs, and nutraceuticals.  He has been responsible for large fact investigations, preparing and defending company executives, and crafting and implementing expert and trial strategy.  Mr. Flaster has been actively involved in litigations relating to Actos®, Advil®, Baycol®, diet drugs, erythropoietin-stimulating agents (Aranesp® and Epogen®), Fragmin®, Pradaxa®, proton pump inhibitors (Prevacid® and Dexilant®), Seroquel®, Victoza®, and Vioxx®.  He was a core member of the trial team for the first two Actos® trials in the Philadelphia Court of Common Pleas, where he was charged with arguing the critical evidentiary issues arising out of claims of spoliation.  He was also responsible for developing the core case-specific evidence in several Pradaxa® cases, including the second national bellwether trial which was recently tried to a defense verdict.

Mr. Flaster has significant experience in responding to the legal, technical, and logistical challenges of the modern-day pretrial process, including extensive practice in MDL, regional, and state coordinated proceedings.  He was a member of the national management team responsible for coordination of all e-discovery issues in the Vioxx® litigation, including personal injury lawsuits and those brought on behalf of third party payors and state attorneys general.  He is credited as lead counsel responsible for the investigation and implementation of the first ever “Defendant Fact Sheet” ordered against a corporate entity, which has since become standard practice in mass tort litigation.  Mr. Flaster has been responsible for resisting coordinated efforts by private counsel and state attorneys seeking production of numerous business-critical enterprise databases from pharmaceutical companies and has considerable experience defending those companies both behind the scenes and in the courtroom.  

Mr. Flaster has also received accolades for his defense of major manufacturers of brand name and generic prescription and OTC drug products in several serious injury cases involving the devastating skin reactions known as Stevens-Johnson syndrome (SJS) and toxic epidermal necrolysis (TEN).  Given the high-risk of large trial verdicts resulting from significant personal injury and damages based on long-term care scenarios, these cases tend to be heavily litigated on multiple fronts.  Mr. Flaster has successfully managed all aspects of such cases pending in different federal and state courts across the country.  He has been charged with leading the necessary fact investigations, defending company witnesses in depositions on various subjects, developing expert strategy and the litigation endgame, and ultimately playing a key role in obtaining favorable results in those matters.

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Honors and Awards

  • AV® Preeminent™ Rated by Martindale-Hubbell
  • Selected for inclusion in  Who's Who Legal Sciences: Product Liability (2017, 2018)
  • Selected for inclusion in Pennsylvania Super Lawyers - Rising Stars (2005-2006, 2014-2015)

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