Aaron Levine is an associate in the Complex Commercial Litigation Department of Kaye Scholer. Aaron has represented major pharmaceutical clients in all phases of litigation, including motion practice, discovery, expert workup, trial preparation, trial, and endgame settlement strategy. His practice focuses on defending pharmaceutical clients in nationwide product liability litigation. He currently acts as the lead coordinator for the science defense teams on behalf of clients, Pfizer Inc. and Bayer Inc. Historically he has served a critical role in the science defense of several prescription medicines and also been a core member on the end game strategy team. Aaron has mediated cases in multiple venues and has successfully resolved numerous inventories of cases in federal and state jurisdictions.
Aaron has extensive experience in expert and science related work, and currently coordinates Pfizer’s science team in their defense of Zoloft. He was a core member of the team that secured two major Daubert victories on behalf of Pfizer, excluding plaintiffs’ general causation experts and securing a summary judgment ruling in complex MDL proceedings on behalf of client Pfizer (In Re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation, June 2014 and December 2015). Aaron helped devise the winning strategy and prepared the cross examination outlines against plaintiffs’ key causation experts. On June 27, 2014, Judge Cynthia Rufe issued an opinion and order excluding plaintiffs’ epidemiologist, stating that, “Dr. Berard takes a position in this litigation which is contrary to the opinion she has expressed to her peers in the past, relies upon research which her peers do not recognize as supportive of her litigation opinion, and uses principles and methods which are not recognized by the relevant scientific community and are not subject to scientific verification.” In re Zoloft (Sertraline Hydrochloride) Products Liab. Litig., __ F. Supp. 2d __, 2014 WL 2921648, MDL No. 2342 (E.D. Pa. June 27, 2014). On December 2, 2015, after plaintiffs second attempt at introducing general causation evidence, Judge Rufe issued an opinion and order excluding plaintiffs’ biostatistician expert, concluding that, “Dr. Jewell, inter alia, has failed to consistently apply the scientific methods he articulates, has deviated from or downplayed certain well-established principles of his field, and has inconsistently applied methods and standards to the data so as to support his a priori opinion.” In re Zoloft (Sertraline Hydrochloride) Products Liab. Litig., 2015 WL 7776911, MDL No. 2342 (E.D. Pa. December 2, 2015). Aaron also served on trial teams of two trials which secured defense verdicts on all counts in the Zoloft litigation. Pesante v. Pfizer (Mo. April 2015); Robinson v. Pfizer (Pa. June 2015).
Previously, Aaron coordinated the expert and science teams defending claims relating to hormone therapy (HT) products. In this role, Aaron was part of team that reworked the science defense to closely align with the treating physician fact witness testimony, which helped lead to several defense verdicts. Aaron served on trial teams of two HT trials that went to verdict, both resulting in unanimous defense verdicts on all counts. Moss, et al. v. Wyeth, Inc., et al. (D. Conn. May 2012); Hines v. Wyeth, et al. (S.D. W. Va. July 2011).
Aaron won the 2014 Burton Award for Distinguished Legal Writing for co-authoring, “Avoiding Food Fraud,” an article published by Food Manufacturing.
Aaron has presented Continuing Legal Education seminars regarding the pharmaceutical regulatory process for prescription and over-the-counter products.
Aaron remains committed to pro bono as a member of Kaye Scholer’s Pro Bono Committee and co-chair of the Committee’s Immigration & Asylum Practice. He has successfully represented several clients who fled persecution from their home countries and sought asylum in the United States.
In The Market
- Judge Grants Pfizer’s Motion for Summary Judgment in Zoloft MDL April 7, 2016 • Client Successes
- Judge Excludes Testimony from Plaintiff’s Latest General Causation Expert in Pfizer Zoloft MDL December 8, 2015 • Client Successes
- Kaye Scholer Successfully Excludes Additional Experts for Pfizer in Zoloft MDL August 12, 2014 • Client Successes