Profile
Ginger Pigott provides critical product liability advice and litigation defense to emerging and established businesses. As a shareholder in the Pharmaceutical, Medical Device & Health Care Litigation Practice, Ginger manages products liability litigation matters with an emphasis on the defense of complex medical device and pharmaceutical products. She handles high-stakes, single-plaintiff cases (including through trial) and complex litigation, including MDLs, coordinated state actions and class actions working as both national and regional counsel. She also works with companies to reduce and eliminate litigation risk through essential assessment and review of potential product liability exposure, including helping to organize and establish more effective claims handling in pre-litigation as well as in identifying and reducing risk producing activities and providing information to allow companies to understand triggers for potential exposure and manage such risks.
She has defended medical device products liability lawsuits involving a wide range of products, including spinal/biological devices, neurological devices, diabetes management devices, cardiovascular devices, implantable devices for various indications, cardiopulmonary bypass equipment, imaging equipment, as well as other external medical devices and related equipment. She is also experienced in defending products liability cases involving pharmaceutical drugs, nutraceuticals and biologics.
In addition, Ginger has worked on a wide variety of other product liability matters, including welding products and consumables, automobiles, buses and private shuttles, airplanes, helicopters, rocket propelled parachute systems, soft drinks, and video games. She has litigated several cases for rental car companies involving accidents and bodily injury claims, as well as transportation service providers in litigation related to injuries and damages caused by the alleged actions of shuttle bus drivers and other transportation operators. In both product cases and commercial litigation matters, she has experience with various unfair competition allegations including those derived from Section 17200 Unfair Competition Law (UCL), False Advertising laws (FAL) and the Consumer Legal Remedies Act (CLRA) in California and other states’ similar consumer protection statutes.
Concentrations
- Products liability litigation
- Complex torts
- Products liability and mass torts
- Food & Beverage
- Environmental litigation
- Health and FDA business
- Transportation injury litigation
- Consumer Products
- eDiscovery and eRetention
Capabilities
Experience
- Provided guidance relating to potential liability surrounding marketing claims specific to features of an athletic shoe.
- Provided advice relating to marketing campaign.
- Assisted private equity firm to evaluate significant investment into a medical device company including evaluation of product liability risk profile, likely volume and type of product liability exposure and provided examples of ways to reduce exposure profile.
- Provided guidance to medical device company relating to complaint handling and evaluation of process to assess and resolve pre-litigation claims.
- Assisted a pharmaceutical company with a product liability analysis relating to a potential new product and application of its technology.
- Reviewed contractual agreements relating to potential for litigation relating to COVID-19 and aspects of product liability relating thereto.
- Represented Teva Pharmaceuticals USA Inc. in Corber v. Xanodyne/Romo v. Teva Pharmaceuticals USA Inc.,771 F.3d 1218 (9th Cir. 2014), in which the Ninth Circuit, sitting en banc, reversed an order of remand following removal under the mass action provisions of the Class Action Fairness Act. Case was one of first impression concerning the impact of a plaintiff’s request for coordination of actions under California’s coordination statutes.
- National and regional counsel for medical device manufacturers relating to products involved in worldwide recalls.
- Counsel on several week trial involving blood factor concentrate product involved in alleged HIV infection.
- Represented a worldwide medical device manufacturer related to a variety of medical devices including defibrillators, pacemakers, infusion pumps, insulin pumps, neurological stimulation products, and orthopedic implants.
- National and regional counsel for global manufacturer of orthopedic medical devices in various product liability cases involving spinal implant devices.
- Lead counsel for dental implant manufacturer in medical device case and obtained fully dispositive defense motion days before trial.
- Counseled a medical device manufacturer handling product liability claims in jurisdictions throughout the country related to medical products.
- Counseled several Fortune 500 companies.
- Represented a small aircraft manufacturer in alleged product liability actions.
°Some of the above representations were handled by Ms. Pigott prior to her joining Greenberg Traurig, LLP.
Recognition & Leadership
- Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021-2022
- Listed, The Legal 500 United States, 2008-2010, 2013-2014, 2020-2022
- Disputes Resolution - Product Liability, Mass Tort and Class Action- Defense: Pharmaceuticals and Medical Devices, 2023
- Listed, Euromoney's Expert Guides: "Women in Business Law," 2021-2022
- Listed, LMG Life Sciences," Life Science Star," 2016-2023
- Listed, Who's Who Legal, "Product Liability Defense," 2013-2019 and 2022-2023
- Listed, Euromoney's Expert Guides, "Best of the Best," Life Science, 2019
- Team Member, The American Lawyer’s “Products Liability Litigation Department of the Year,” 2018
- Listed, Chambers USA Guide, 2011-2013
- Profiled, Chambers USA Guide, "Women in Law Award," 2012
- Rated, AV Preeminent® 5.0 out of 5.0
- Member, American Bar Association
- Member, Century City Bar Association
- Member, Defense Research Institute
- Member, Los Angeles County Bar Association
- Member, Association of Business Trial Lawyers Los Angeles
Credentials
- J.D., with honors, Loyola University Chicago School of Law
- B.A., with honors, University of Michigan
- California
- Illinois