Bijan Esfandiari

Attorney Profile

Top Rated Products Liability Attorney in Los Angeles, CA

Baum, Hedlund, Aristei & Goldman, PC
 | 12100 Wilshire Boulevard, Suite 950
Los Angeles, CA 90025
Phone: 310-207-3233
Selected to Super Lawyers: 2017
Selected to Rising Stars: 2009 - 2016
Licensed Since: 2002
Practice Areas:
  • Personal Injury - Products: Plaintiff (60%),
  • Class Action/Mass Torts: Plaintiff (30%),
  • Personal Injury - General: Plaintiff (10%)
Languages Spoken:
  • English,
  • German,
  • Persian (Farsi)
Attorney Profile

Bijan Esfandiari is a pharmaceutical product liability litigation attorney and shareholder at Baum, Hedlund, Aristei & Goldman in Los Angeles. He has successfully represented clients in state and federal courts across the nation, at both the trial and appellate level, in wrongful death and catastrophic personal injury cases.

He has participated in several cases that have shaped and developed the law for the benefit of injured victims and consumers of pharmaceutical products. In one case of first impression (a case that presents a new issue for legal interpretation), the Court agreed with Bijan’s argument and held that drug manufacturers owe an affirmative duty to warn regarding risks associated with children's off-label use.

Bijan’s published cases have also exposed reprehensible corporate conduct. In one instance, a federal court in Pennsylvania allowed Bijan’s clients to proceed with their punitive damages claims after finding that internal documents demonstrated the defendant had “acted with a wanton and willful disregard for the safety of its consumers.”

Where drug makers have tried to convince courts that federal preemption (the doctrine that federal law preempts conflicting state laws) grants them immunity from state lawsuits, Bijan has time and again prevented their escape. In Mason v. SmithKline Beecham Corp., the first and only prescription drug preemption case to be heard by the U.S. Seventh Circuit Court of Appeals, the drug makerargued that FDA approval of a drug shielded its manufacturer from fault even if the company later learned of harmful negative reactions. The court, however, sided with Bijan and held that plaintiffs’ claims were not preempted by federal law.

Bijan has likewise successfully opposed preemption in numerous other state and federal court cases. He co-authored amicus briefs in support of the respondents in the Supreme Court's landmark cases Wyeth v. Levine, 129 S.Ct. 1187 (2009) and Pliva v. Mensing, 131 S.Ct. 2567 (2011).  Bijan received his bachelor’s degree (cum laude, 1999) and J.D. degree from UCLA. He has been selected to Southern California Super Lawyers® - Rising Stars for five years in a row and has an Avvo.com rating of 10 out of 10: Superb.

 
Practice Areas
Lawyer Practice Area Pie Chart

Personal Injury - Products (60%): Medical Devices, Pharmaceutical, Products Liability

Class Action/Mass Torts (30%): Class Actions

Personal Injury - General (10%): Personal Injury - Plaintiff, Wrongful Death

Focus Areas

Personal Injury - Products: Medical Devices, Pharmaceutical, Products Liability

Class Action/Mass Torts: Class Actions

Personal Injury - General: Personal Injury - Plaintiff, Wrongful Death

Selections

Selected to Super Lawyers for 1 yearsmiddle-imageSelected to Rising Stars for 8 years

Super Lawyers: 2017 Rising Stars: 2009 - 2016

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About Bijan Esfandiari

Admitted: 2002, California

Professional Webpage: https://www.baumhedlundlaw.com/attorneys/bijan-esfandiari/

Honors and Awards:

  • Up-and-Coming 100: 2016 Southern California Rising Stars – Top List
  • Selected to: Southern California Super Lawyers® - Rising Stars, 2009 - 2016
  • Member, UCLA School of Law Moot Court Honors Program
  • Listed, The Bar Register of Preeminent Lawyers™
  • Avvo.com Superb Score 10 out of 10

Bar/Professional Activity:

  • U.S. Court of Appeals, First Circuit, 2013
  • U.S. District Court, Northern District of California, 2012
  • U.S. Supreme Court, 2011
  • US Court of Appeals, Seventh Circuit, 2009
  • US Court of Appeals, Third Circuit, 2008
  • U.S. District Court, Eastern District of Wisconsin, 2008
  • U.S. District Court, Western District of Michigan, 2008
  • U.S. Court of Appeals, Tenth Circuit, 2008
  • U.S. District Court, Eastern District of California, 2005
  • U.S. District Court, Southern District of California, 2005
  • U.S. Court of Appeals, Ninth Circuit, 2002
  • U.S. District Court, Central District of California, 2002
  • The American Association for Justice, Leader’s Forum, Products Liability Section,  Medtronic InFUSE® Litigation Group, STEP-Toxic, Environmental and Pharmaceutical Torts Section
  • Consumer Attorneys Association of Los Angeles
  • State Bar of California, Member
  • California, 2002

Pro bono/Community Service:

  • Public Counsel Volunteer Attorney, 2007
  • Member, Representative Assembly of the Palms Neighborhood Council

Scholarly Lectures and Writings:

  • "Complete Tort Immunity For Drug Manufacturers Is Bad For The Public Health: A Commentary On Colacicco v. Apotex And Other Recent Preemption Decisions" LexisNexis® Mealey's™ Litigation Report: Antidepressant Report, Volume 4, Issue #10, May 2008, Author, 2008
  • "Camisoles: Providing Thin Protection" IP Law 360, September 28, 2006
  • "Grokster: Inducing Further Litigation", ABA Tort Trial & Practice Section, Intellectual Property Law Committee Newsletter, Fall 2005
  • "Challenging Medical Ghostwriting in US Courts" PLOS Medicine January 24, 2012, Author
  • "Reason Magazine Perpetuates False Information About Safety and Efficacy of Antidepressants", September 30, 2011, Author
  • "Levine To Mensing — A Journey From The Sublime To The Ridiculous" LexisNexis® Mealey's™ Emerging Drugs & Devices, Volume 16, Issue #16, August 18, 2011, Author
  • "Outsmarting the 'Learned-Intermediary Doctrine' Defense", The Advocate, February 2010, pg 62, Author
  • "Preemption's Requiem in the Wake of Wyeth v. Levine" LexisNexis® Mealey's™ Emerging Drugs & Devices, Volume 14, Issue #10, May 2009, Author
  • "Caught Without a License", Marketing Management - Marketing Law, November/December 2007, Author
  • "YouTube Sued: It's a Riot", American Bar Association, Tort Trial & Insurance Practice Section (TIPS) Media Privacy Committee Newsletter, Fall 2006
  • Medtronic InFUSE Litigation Group, Status of Cases That Have Survived Preemption Motions and Discovery Strategies and Different Venue Options, American Association for Justice, 2014 AAJ Annual Convention, Baltimore, Maryland, July 26 – 30, 2014
  • “Status of the Infuse Litigation”, Mass Torts Made Perfect, Medtronic Infuse Litigation Update, Las Vegas, Nevada, October 10, 2013
  • Panel, Corruption, Selling Sickness, Selling Sickness, People Before Profits, Session VI, Washington, D.C., February 20 - 22, 2013
  • “Living with the Mensing Decision”, Mass Torts Made Perfect, Actos and Pelvic Mesh Litigation Update, Philadelphia, Pennsylvania, February 8, 2012
  • “Legal Implications of Pharmaceutical Ghostwriting”, Faculty of Law’s Conference, The Ethics of Ghost Authorship in Biomedical Research: Concerns and Remedies Workshop, University of Toronto, May 4, 2011
  • Participant, "Oral Advocacy Competition Participant", American Bar Association, ABA Forum on Communications Law - Media Advocacy Workshop, Key Largo, Florida, February 8, 2007
  • Strategies for Litigating Copyright Cases When Infringement is Uncontested”, San Fernando Valley Bar Association, Intellectual Property, Entertainment Law & Internet Law Section, Woodland Hills, California, February 17, 2006
  • Contributing Author to The Docket, a UCLA School of Law Publication
  • Member, UCLA Journal of International Law & Foreign Affairs

Verdicts and Settlements:

  • McCormick v. Medtronic, Inc., 219 Md. App. 485, 101 A.3d 467 (2014)
  • Cabana v. Stryker Biotech, LLC et al., Case No. BC465313, 2012 WL 3729227 (Cal.Super. Ct., August 20, 2012)
  • Dorsett v. Sandoz, Inc., 699 F.Supp.2d 1142 (C.D.Cal. 2010)
  • Tucker v. SmithKline Beecham Corp., 701 F.Supp.2d 1040 (S.D.Ind.2010)
  • Mason v. SmithKline Beecham Corp., 596 F.3d 387 (7th Cir. 2010)
  • Forst v. Smithkline Beecham Corp., 639 F.Supp.2d 948 (E.D.Wis.,2009)
  • Forst v. SmithKline Beecham Corp., 602 F.Supp.2d 960 (E.D.Wis. 2009)
  • Cunningham v. SmithKline Beecham, 255 F.R.D. 474 (N.D.Ind. 2009)
  • Knipe v. SmithKline Beecham, 583 F.Supp.2d 602 (E.D.Pa. 2008)
  • Knipe v.SmithKline Beecham, 583 F.Supp.2d 553 (E.D.Pa 2008)
  • Tucker v. SmithKline Beecham Corp., 596 F.Supp.2d 1225 (S.D.Ind. 2008)
  • Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802

Educational Background:

  • University of California, Los Angeles, B.A., cum laude, 1999

Industry Groups

  • Class Actions
  • Complex And Multi-District Litigation
  • Consumer Litigation
  • Personal Injury
  • Pharmaceutical Drug Liability
  • Product Liability Law
  • Professional Liability
  • Qui Tam Claims
  • Whistleblower Protection
  • Wrongful Death Law
  • Office Location for Bijan Esfandiari

    12100 Wilshire Boulevard
    Suite 950
    Los Angeles, CA 90025

    Phone: 310-207-3233

     

    Bijan Esfandiari:

    Last Updated: 10/17/2016

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