Pamela J. Yates

Her successes at trial are extensive, covering actions in multiple state and federal courts involving bellwether and multiple plaintiffs trials. She recently obtained a unanimous defense verdict for pharmaceutical clients in a prescription TRT medicine case. She has also achieved multiple successes, including defense verdicts on behalf of a major tobacco company. One such verdict was featured in The Daily Journal's "Top Verdicts" (2017) of the year and was recently affirmed (December 2020) by the 9th circuit. In addition to trials, her successes include leading science teams securing major Daubert victories. Early in her career, Pamela wrote the original motion for summary judgment in Daubert v. Merrell Dow, that led to the Supreme Court's standard for exclusion of expert testimony.

Born and raised in England, Pamela came to the U.S. on a tennis scholarship. She is a three-time NCAA Women's Tennis Division II champion as well as a two-time recipient of All American Honors. Additionally, Pamela was a recipient of the NCAA Postgraduate Scholarship in recognition of her academic and athletic achievements.

*Chambers Rankings in: Litigation: Trial Lawyer (Nationwide); Product Liability & Mass Torts (Nationwide)

• Bayer Corporation as lead counsel in a case involving claims of toxicity against low dose aspirin. The case resulted in a complete victory for the client when Judge Real (U.S.D.C. Central District, Cal.) granted summary judgment on all claims in June 2016. Steen v. Bayer et al., C.D. Cal. The 9th Circuit recently affirmed (June 2018).
• Philip Morris USA as lead trial counsel in defending Engle class action progeny and non-Engle personal injury tobacco cases. In February 2016, a jury reached a unanimous defense verdict after deliberating for under two hours finding a former smoker's lung cancer was not caused by her smoking. Pooshs v. Philip Morris et al., N.D. Cal. Affirmed by the 9th circuit (December 2020). This verdict followed a series of successful trials in Engle progeny cases tried in Florida state and federal courts, including a June 2014 unanimous defense verdict. Surico v. Philip Morris USA Inc.
• Pharmaceutical companies, as co-national counsel with her NY partner Andrew K. Solow, in product liability litigation, including an MDL, involving TRT (Testosterone Replacement Therapy) products defending against claims of heart attack, stroke and related cardiac issues. In November, 2017, Pamela and her partners Andrew Solow and James Herschlein secured a victory in the first MDL bellwether trial case for their client. After a seven-day trial, a jury in the U.S. District Court for the Northern District of Illinois returned a unanimous defense verdict. Holtsclaw v. Auxilium et al.
• Pfizer Inc. as coordinating science counsel (working with national counsel) for the science defense in Zoloft cases. These efforts resulted in two significant Daubert victories for the client. Indeed, Pamela was recognized for her thorough cross examination of the plaintiffs' only causation expert in a week-long Daubert hearing (April 2014). On June 27, 2014, Judge Rufe issued an opinion and order stating that the methodology and reasoning underlying Dr. Berard's opinion is not scientifically valid and excluding all of the opinions as being based on a "novel methodology." In Re: Zoloft (Sertraline) Products Liability Litigation. In, E.D. Pa. A second Daubert hearing took place in September 2015 when plaintiffs were permitted to substitute a new causation expert, Dr. Nicholas Jewell. As with the first expert, Pamela cross-examined Dr. Jewell. After a three-day hearing, Judge Rufe issued a second opinion and order, excluding this replacement expert. Id.
• Qualitest as national and local counsel in the successful defense of lawsuits relating to a recall of several oral contraceptive products. Pamela coordinated all phases of the litigation and led her team to several successes, including successfully opposing formation of an MDL proceeding, and defeating three purported class actions in California, Georgia, and Illinois.
• Pfizer Inc. as national counsel in the HT litigation. Responsibilities include acting as lead trial counsel, creating, coordinating, and implementing the science defense and handling all phases of litigation, involving several hormone therapy products.
• Previously, Pamela, along with Andrew K. Solow (Partner in the New York office), served as co-lead trial counsel for Pfizer units, Wyeth, Inc., and Wyeth Pharmaceuticals Inc. in U.S. District Court (Connecticut) and obtained a defense verdict on all counts related to a wrongful death suit involving Wyeth's hormone therapy (HT) medications Premarin and Prempro. After a three-week trial, the jury dismissed all four of the alleged claims. This decision marks Pamela and Andrew's second win in less than one year regarding both HT medications. Lynn Gardner Moss, et al. v. Wyeth Inc., et al.
• Previously, Pamela, along with Andrew K. Solow, served as trial counsel for Pfizer units, Wyeth Pharmaceuticals Inc., and Pharmacia & Upjohn Co., and obtained a defense verdict in a case involving claims of injuries from the client's HT medicines. After a three-week trial, the jury found that the HT prescription medicines did not cause the plaintiff's breast cancer and that the plaintiff's claims were time-barred by the applicable statute of limitations. Notably, this was the first defense verdict for Pharmacia & Upjohn in the hormone therapy litigation. Hines v. Wyeth, et al.
• Pfizer Inc. (Warner-Lambert) as national and local counsel in the Rezulin (diabetic medication) litigation. Responsibilities covered all aspects of litigation. Pamela obtained unanimous defense verdicts against all plaintiffs in the first in the nation consolidated plaintiff trial. All three plaintiffs claimed liver injury from exposure to the medication. This verdict was featured in The National Law Journal's "The Defense Hot List: Sizing Up Defense Firms with Big Wins" (August 22, 2005).
• Baxter Healthcare Corporation as national and trial counsel in the Silicone Implant Litigation. Pamela obtained defense verdicts in two multiple plaintiff trials in Texas state court.