- Tulane University (B.A., 1994, cum laude, Phi Beta Kappa)
- New York University (M.A., 1999)
- University of Virginia School of Law
- District of Columbia; New York; Virginia
- United States District Courts for the Eastern and Western Districts of Virginia
- 11th Circuit Affirms Firm Client Novartisâ€™s Summary Judgment Win Based on Daubert Exclusion of Causation Expertsâ€™ Testimony in ReclastÂ® Case
Jones v. Novartis Pharmaceuticals Corp., No. 17-11063 (11th Cir. Apr. 30, 2018)
Tamara Fishman Barago practices in the Firm’s Complex Litigation, Pharmaceutical Products, and Toxic Torts & Products Liability groups. She specializes in the defense of complex serial and mass tort litigation — primarily personal injury litigation involving pharmaceutical products — and she has significant experience with all facets of the litigation process, including pretrial discovery, motions practice, trial preparation, and appellate work.
As part of a winning trial team, Ms. Barago helped to achieve a defense verdict for a major pharmaceutical company after a seven-day trial in federal court in a product liability case where the plaintiff alleged injury as a result of treatment with intravenous prescription medications. Her role included expert witness preparation, drafting witness direct and cross outlines, drafting motions in limine, and drafting a Rule 50 motion that persuaded the court to dismiss plaintiff’s implied warranty and punitive damages claims. Ms. Barago also has drafted successful motions and briefs in cases in federal courts around the country, including summary judgment motions, motions to dismiss, to find punitive damages unavailable, and Daubertmotions to limit the testimony of plaintiff’s expert witnesses. In addition, Ms. Barago has deposed various witnesses, including plaintiffs and fact witnesses, such as treating physicians; assisted expert witnesses in preparing opinions and drafting expert reports; and appeared before a federal district judge for a status conference.
Ms. Barago also has prepared litigation risk assessments for corporate clients who are considering the potential litigation risks accompanying new product ventures, or the impact that changing regulations or other regulatory determinations may have upon existing product lines. In that regard, Ms. Barago and a Firm partner published their analysis of the scientific evidence and potential tort liability of manufacturers concerning perfluorooctanoic acid (“PFOA”).
As part of her pro bono work, Ms. Barago successfully negotiated a favorable settlement for a disabled client who was unable to exit a Washington, D.C. store in an emergency. She also has appeared before a Washington, D.C. family court judge, representing a child as guardian ad litem in a custody case.
Ms. Barago was a member of the Firm’s 2009 Summer Associate class and, at law school, an Articles Editor for the Virginia Law Review.
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