Joseph P. Thomas
Partner

Co-Chair, Litigation Department
Chair, Pharmaceutical Industry Practice
Chair, Life Sciences Group

Class Actions
Product Liability
Pharmaceutical, Medical Device & Mass Tort Litigation

Cincinnati Office
p 513.698.5004
f  513.698.5005
jthomas@ulmer.com
At a Glance
Chair of the Life Sciences Group, Joe has extensive experience in scientifically complex litigation. He holds undergraduate and doctorate degrees in pharmacy, has conducted clinical research and has published in scientific literature. He also is a member of the patent bar. Recent national counsel engagements have included the fen/phen, PPA, ephedra, antidepressant and hormone-replacement-therapy litigations, among others. His experience includes class actions, MDL litigation, mass torts and catastrophic-injury litigation.
Practices/Industries
Litigation
Class Actions
Mass Tort/Occupational Exposure
Product Liability

Life Science
Pharmaceutical, Medical Device & Mass Tort Litigation
Risk Management

Areas of Concentration

Complex Litigation

  • Drug and Medical Device Defense
  • Toxic Tort Litigation
  • General Product Liability Defense

Health Care Practice

  • Clinical Research
  • Product Development
  • Regulatory Compliance
Education
Washington State University (B. Pharm., 1980)

University of Cincinnati (Pharm. D., 1982)

Northern Kentucky University (J.D., cum laude, 1988)
Representative Experience
  • National counsel in fen/phen, antidepressant, ephedra, hormone replacement therapy, ADHD, and other litigations.
  • Extensive experience in the areas of toxic tort defense, drug and medical device litigation, and products liability defense.
  • Extensive experience in class action and mass tort litigation involving drugs and medical devices.

Other Professional Experience

  • Chief, Inpatient Pharmacy, Cincinnati VA Medical Center (1982-1988)
  • Adjunct Assistant Professor of Clinical Pharmacy, University of Cincinnati (1982-1988)
  • Member, Veterans Administration Research and Development Committee (1986-1988)
  • Member, Institutional Review Board, University of Cincinnati, College of Medicine (1987-1988)
  • Pharmacology Instructor, University of Cincinnati, College of Nursing and Health (1982-1984)
  • Residency Training Program, Cincinnati VA Medical Center (1980-1982)
  • Instructor, College of Pharmacy, Washington State University (1980)
  • Registered Pharmacist
Honors & Distinctions
Named a “Leading Lawyer” in Biotechnology in a survey of lawyers by Cincy Business magazine

Named an "Ohio Super Lawyer" in a survey of Ohio lawyers by Law & Politics and Cincinnati magazines

Named to Best Lawyers in America, Product Liability Litigation, Woodward/White

1996 MEDMARC Defense Attorney of the Year

Publications & Presentations

Publications
"Preemption as a Defense in Pharmaceutical Litigation," IADC Newsletter, Drug, Device & Biotech Committee (March 2004)

"Protective Orders in Litigation Involving Sensitive Company Information: It Is Possible to Enforce Them Even After the Litigation is Over," IADC Newsletter, Drug, Device & Biotech Committee (June 2001)

"Fifty State Survey of FDCA-Related Tort Causes of Action: Ohio Section," American Bar Association, Section of Litigation (2001)

"State-by-State Survey of the Law Regarding Potential Liability for Off-Label Uses of Drugs or Medical Devices: Ohio Section," American Bar Association, Section of Litigation (1999)

"The Use of Computerized Information at Trial," American Bar Association Annual Meeting, Section of Litigation, Chicago, Illinois (August 1995)

"Defending Against Formaldehyde Exposure Claims," For the Defense (February 1995)

"Value of Patents in Litigation Likely to be Minimal," Leader's Product Liability Law and Strategy (March 1994)

"State-by-State Summary of the Learned Intermediary Doctrine as a Springboard for Summary Judgment," Pharmaceutical and Medical Device Subcommittee, ABA Products Liability Committee, Section of Litigation (July 1993)

Editorial Board Member, Pharmacy Legal Lessons (1992-1994)

"Food, Drug and Cosmetic Law Update: Rulings and Reversals," 133 New Jersey Lawyer 16 (1990)

"Proposed Eye-Test Ban Leaves Shadow of Doubt," 124 New Jersey Law Journal 1524 (1989)

"Effect of Continuous Cimetidine Infusion on Steady-State Theophylline Kinetics," Clinical Pharmacy, 1989; 8:206-9

"
Clinical Evaluation of Intravenous Labetalol for Treatment of Hypertensive Urgency," American Journal of Hypertension, 1988; 1 (3):284S-289S

Presentations
"Winning Without Fighting:  Not All Disputes Are Created Equal," PriceWaterhouseCoopers General Counsel Forum (August 2007)

"The Science of Winning: Using Scientific Principles to Win Your Case," PriceWaterhouseCoopers General Counsel Forum (August 2006)

"Winning Mass Tort Cases," PriceWaterhouseCoopers General Counsel Forum, August 2005

"Critical Review of Learned-Intermediary Doctrine in States Where Ritalin Suits are Pending," Ritalin Litigation Seminar, American Conference Institute, New York City (March 2001)

"Special Litigation Group Update: Mass Tort Litigation," DRI Product Liability Conference, San Francisco, California (February 1999)

"ANDA Preemption: A Novel Theory of Non-liability For Generic Manufacturers," National Pharmaceutical Alliance, Tucson, Arizona (February 1998)

"Gone But Not Forgotten: Handling (And Mishandling) The Turncoat Employee," Role Participant, ABA Section of Litigation, 20th Annual Meeting, Bal Harbour, Florida (January 1996)

"The Hidden Dangers of Employee Benefit Plans: Protecting Your Pharmacy and Your Employees from Financial Ruin," American Pharmaceutical Association, Seattle, Washington (March 1994)

"The Implications of OBRA 90 on Civil Liability of Pharmacists," New Jersey Pharmaceutical Association, Atlantic City, New Jersey (June 1992)

"Civil Liability and Clinical Pharmacy," American Society of Hospital Pharmacists, Washington, D.C. (June 1992)

"Overview: Safe Medical Devices Act of 1990," Medical Device Manufacturer’s Update 1991, New Brunswick, New Jersey (June 1991)

"Beyond The Package Insert: Are you Protected," American Society for Pharmacy Law, New Orleans, Louisiana (March 1991)

"Effect of Continuous Intravenous Cimetidine Infusion on Steady-State Theophylline Concentrations," American Society of Hospital Pharmacists, Atlanta, Georgia, (December 1988)

Professional Affiliations
American Bar Association

Cincinnati Bar Association

New Jersey State Bar Association

International Association of Defense Counsel

Defense Research Institute

Fellow, American Society for Pharmacy Law

Chairman, Drug and Medical Device Subcommittee of Products Liability and Toxic Torts Committee, 1992
Admissions

State of Ohio
Commonwealth of Kentucky
State of New Jersey
U.S. Supreme Court
U.S. Patent & Trademark Office
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, Southern District of New York
U.S. District Court, Western District of New York
U.S. District Court, District of New Jersey
U.S. District Court, Southern District of Ohio
U.S. District Court, Northern District of Ohio
U.S. District Court, Southern District of Indiana
U.S. District Court, Western District of Kentucky
U.S. District Court, Eastern District of Kentucky
U.S. District Court, Eastern District of Michigan
U.S. District Court, District of North Dakota
U.S. District Court, Eastern District of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Northern District of Texas
U.S. District Court, Northern District of Florida