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Sean Fahey

Troutman Pepper Locke

Sean is the chair of the firm’s Health Sciences Department. He is a first-chair litigator who defends companies in complex, multidistrict products liability, and health care litigation. He represents several of the largest pharmaceutical, medical device, and life science companies in their high-stakes cases, and also serves as strategic settlement counsel. Sean serves clients in other industries such as building materials, energy, automotive, and food and beverage.He often handles parallel litigation, regulatory investigations, and congressional hearings.

Sean has served as national and lead trial counsel for Medtronic, LivaNova, International Business Machines (IBM), The Coca-Cola Company, Delta Airlines, Monroe Energy, Sunoco, Michelin, and Volkswagen. He is also counsel for the National Football League in the ongoing concussion litigation.

Sean is a member of Troutman Pepper’s Diversity and Inclusion and Policy Committees, and served as the firm’s representative to Diversity Lab, an incubator at Harvard for innovative ideas and solutions that boost diversity and inclusion in law.

Representative Matters:

  • Served as national coordinating counsel and trial counsel for Medtronic. A putative RICO claim that was dismissed and the firm achieved favorable preemption decisions resulting in the dismissal of hundreds of cases, and favorably settled many more.
  • Obtained dismissal of a False Claims Act suit on behalf of Medtronic in an alleged whistleblower matter.
  • Settled federal securities class action on behalf of Medtronic after dismissal was overturned on appeal.
  • Advise Eli Lilly and Company (Lilly) on Axiron, a testosterone replacement (“low-T”) treatment. The firm negotiated a favorable settlement at an earlier stage and a lower cost than other defendants.
  • Lead trial counsel and settlement counsel in Avandia.
  • Defended a major pharmaceutical company in third-party payor cases alleging the company misrepresented the safety of a diabetes drug.
  • Represent LivaNova (formerly Sorin Group). Defense is ongoing and the firm settled a majority of the claims one year after the case was filed.
  • Represents the NFL in In Re: NFL Players’ Concussion Injury Litigation, MDL 2323.
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