Terry M. Henry
|Philadelphia, PA||v. +1.215.569.5644||f. +1.215.832.5644|
Terry Henry concentrates his practice on general commercial litigation and products liability defense. His trial practice is focused on the defense of companies that design and manufacture medical devices, pharmaceuticals, chemicals, and home safety products. He serves as national coordinating and trial counsel in pharmaceutical and medical device litigation. Mr. Henry has also worked with a variety of product manufacturers, representing them when questions were raised about whether their products were related to the cause of a fire or the damage resulting from a fire.
As part of his work with product manufacturers, Mr. Henry consults with his clients on compliance with industry standards, limiting or controlling risk, and the challenges of product manufacturing and distribution in highly regulated industries. He assists clients in developing product literature, review of quality processes, product failure investigations, and avoiding crisis management.
In addition, Mr. Henry regularly leads litigation in commercial cases, representing life sciences companies in contract, labeling, antitrust, pricing, and other proceedings in which an understanding of the life sciences industry is essential.
Mr. Henry is a noted writer and speaker. Some of his recent publications and presentations include:
- “Understanding a Medical Device Manufacturer’s Broad Duty to Warn”, co-authored with Lauren O’Donnell, Melanie Carter and Naomi Zwillenberg, Medical Device and Diagnostic Industry, Regulatory and Compliance, April 13, 2017.
- “Understanding Defense Strategies for 505(b)(2) Drugs,” co-authored with Ann E. Querns, Law 360, March 24, 2017.
- “Practical Tips for Taking the Deposition of an Adversary’s Expert Witness” presentation at the Women in Products Liability CLE Program, ABA Section of Litigation, November 3, 2016.
- “Protecting the Company; Checklist for When Your Company Gets Sued” presentation to Association of Corporate Counsel of Greater Philadelphia, June 3, 2015.
- “The Use of Social Media in Life Sciences,” White Paper co-authored with Lauren Tulli, January, 2011.
- “Corporate Officers Beware: Recent FDA Guidelines Provide Clarification for Park Prosecutions Against Individual Executives,” co-authored with Lauren A. Tulli, Impact Times (Vol.1 No. 4), March 11, 2011.
- “Preemption is Not Dead – A Fresh Look at Wyeth v. Levine in Context,” White Paper co-authored with Lauren Tulli and Scott Reid, March 4, 2009.
- “Smoothing the Wrinkles of Off-Label Promotion – Allergan’s Preemptive Strike against the FDA,” White Paper co-authored with Lauren Tulli, November, 2010.
From 1984 to 1992, Mr. Henry was a Commissioned Officer (Captain) with the United States Army. He is the recipient of a Bronze Star and Meritorious Service Medal.
- Successfully defended an anesthesia machine manufacturer in a case in which the plaintiffs claimed that the device failed during a surgical procedure and contributed to the death of a patient.
- Successfully defended a drug company in a wrongful death case in which the plaintiffs claimed that the decedent's death was caused by a drug that the company previously recalled.
- Successfully defended the manufacturer of a breathalyzer in a putative class action lawsuit; securing dismissal at a very early stage of the litigation.
- Successfully defended a drug company in two personal injury cases in which the plaintiffs claimed that their injuries were caused by a drug that the company previously recalled; securing dismissal in both cases.
- National litigation counsel for two manufacturers and distributors of alendronate sodium (generic form of Fosamax) in litigation related to allegations of failure to warn.
- National coordinating counsel for a distributor of the drug paroxetine in the mass tort cases consolidated in Pennsylvania’s First Judicial District, and elsewhere in the United States.
- National coordinating counsel for a manufacturer of a medical device in the “Pain Pump” mass tort cases, which involve allegations related to off-label marketing of a mixed medical-pharmaceutical device.
- National coordinating counsel for a manufacturer of prosthetic knee replacements in more than one hundred cases alleging negligent design.
- Regional coordinating counsel for a pharmaceutical manufacturer in the mass tort Hormone Replacement Therapy cases, consolidated in Pennsylvania’s First Judicial District.
- Successfully defended a manufacturer of Allopurinol in cases related to claims of failure to warn where the plaintiffs alleged that they developed Severe Cutaneous Adverse Reactions (“SCAR”) or Stevens–Johnson Syndrome (“SJS”); securing dismissal in all cases.
- Successfully defended the manufacturer of a robotically assisted, minimally invasive surgical system in a case involving claims of design defect.
- Counsel for a medical device manufacturer arising out of claims that a left ventricle assist device (heart pump) failed during a multi-center, FDA-approved clinical trial and allegedly caused the death of a patient.
COMMUNITY SERVICE & AFFILIATIONS
Mr. Henry is a board member of the Kind Human Foundation, a charitable organization focused on providing those in developing countries access to clean drinking water. He also provides legal assistance to the Philadelphia Outward Bound School.
Mr. Henry previously served as president of the Overbrook Farms Club, a district within the City of Philadelphia listed on the National Registry of Historic Places. He also served as president of the Overbrook Farms Civic Association, a 501(c)(3) community development corporation focused on preserving the historic nature of the neighborhood, encouraging family and community building activities, and maintaining the quality of life. Mr. Henry is a recent past president of the Overbrook Presbyterian Church Corporation.