Terry M. Henry
|Philadelphia, PA||v. +1.215.569.5644||f. +1.215.832.5644|
Terry Henry concentrates his practice in 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, and as regional counsel in pharmaceutical and medical device litigation. 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 nuances of product manufacturing and distribution in a highly regulated industry.
Mr. Henry has also worked with fire and gas safety device 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. Mr. Henry has also defended companies in cases involving work place injuries, including longshoremen. In that respect, Mr. Henry has been involved in fire and workplace investigations, and has also worked with experts on recreating workplace accident scenes and modeling fire cause, origin and spread.
In addition, Mr. Henry provides general legal advice to entrepreneurs of small to medium size businesses on contracting and operational issues. He has represented businesses on employment-related and intellectual property matters. Mr. Henry has extensive knowledge in public school law and counsels local charter schools on a variety of legal issues.
Mr. Henry is a noted writer and speaker. Some of his recent publications include:
- “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 a drug company in a wrongful death case in which plaintiffs claimed that 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. The court granted our motion to dismiss at a very early stage of the litigation.
- Successfully defended a drug company in two personal injury cases in which plaintiffs claimed that their injuries were caused by a drug that the company previously recalled. The Court dismissed both cases on our motions to dismiss.
- 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. Plaintiffs in these cases allege that the use of paroxetine during pregnancy caused birth defects in their children.
- 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 a series of 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 they developed Severe Cutaneous Adverse Reactions (SCAR) or Stevens–Johnson Syndrome (SJS).
- Successfully defended a pharmaceutical manufacturer in a case involving a corticosteroid cream and claims of inadequate warnings.
- 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 Class III device failed during a multi-study center, FDA approved clinical trial.
- Counsel for a heparin manufacturer in a case involving claims that the product did not have adequate warnings.
COMMUNITY SERVICE & AFFILIATIONS
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 is currently 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 president of the Overbrook Presbyterian Church Corporation and sits as a member of its Board of Trustees (Session).