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 - 2019
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 partner 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.

Bijan has had the privilege of participating in cases that have shaped and developed the law for the benefit of injured victims and consumers of pharmaceutical products. In one such case, the Court agreed with his arguments and, in an issue of first impression, 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. For example, a federal court in Pennsylvania noted that “internal documents suggest that Defendant acted with a wanton and willful disregard for the safety of its consumers,” and thus allowed Bijan’s clients to proceed with their punitive damages claims.

He has also been at the forefront of the preemption battle and has successfully argued against preemption (drug/device manufacturer immunity) in numerous cases. Most recently, in 2014, Bijan successfully briefed and argued the first and only medical device preemption case to be heard by Maryland Court of Special Appeals, wherein in an issue of first impression, the three judge panel unanimously agreed with Bijan’s arguments that plaintiff’s claims were not preempted and held that plaintiff could proceed with his claims against the medical device manufacturer.  McCormick v. Medtronic, Inc., 219 Md. App.485, 101 A.3d 467, 474 (2014) (“We shall hold that federal law does not expressly or impliedly preempt the plaintiffs’ claims concerning misrepresentations or express warranties that the manufacturer may have made in voluntary communications with the public or with members of the medical profession.”).

 

Similarly, Bijan successfully briefed and argued the first drug preemption case to ever be heard by the United States Seventh Circuit Court of Appeal in Chicago, Illinois.  In the landmark decision, the three judge panel of the Seventh Circuit unanimously agreed with Bijan’s arguments and held that plaintiffs’ claims against the drug manufacturer were not preempted by federal law. Mason v. SmithKline Beecham Corp., 596 F.3d. 387 (7th Cir. 2010).  The significance of these landmark rulings is they ensure that drug and medical device companies who engage in deceptive or impermissible conduct are not entitled to immunity (preemption) and must be held accountable for monetary damages in a court of law for any injuries that they or their products cause to consumers.

In addition to the previously mentioned appellate decisions, Bijan has likewise successfully opposed preemption in numerous other state and federal trial courts, including Tucker v. SmithKline Beecham Corp., 596 F.Supp.2d 1225 (S.D.Ind. 2008); Knipe v. SmithKline Beecham Corp., 583 F.Supp.2d 553 (E.D.Pa 2008); Forst v. SmithKline Beecham Corp., 639 F.Supp.2d 948 (E.D.Wis. 2009); Dorsett v. Sandoz, Inc., 699 F.Supp.2d 1142 (C.D.Cal. 2010); and Cabana v. Stryker Biotech LLC, 2012 WL 3876245 (Cal.Super.Ct., Aug. 20, 2012). Bijan also 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 has written numerous articles, including “Complete Tort Immunity For Drug Manufacturers Is Bad For The Public Health,” published in Mealey’s™ Litigation Report, “Preemption’s Requiem in the Wake of Wyeth v. Levine,” Mealey’s™ Emerging Drugs & Devices and “Levine To Mensing — A Journey From The Sublime To The Ridiculous,” Mealey’s™ Emerging Drugs & Devices.  Most recently, he co-wrote “Challenging Medical Ghostwriting in US Courts,” published in PLoS Medicine.

 
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

Medical Devices, Pharmaceutical, Products Liability, Class Actions, Personal Injury - Plaintiff, Wrongful Death

Selections

Selected to Super Lawyers for 3 yearsmiddle-imageSelected to Rising Stars for 8 years

Super Lawyers: 2017 - 2019 Rising Stars: 2009 - 2016

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About Bijan Esfandiari

Admitted: 2002, California

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

Honors/Awards:

  • Selected to: Southern California Super Lawyers® 2017 – 2018
  • 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:

  • Member:  State Bar of California;  American Association for Justice: Leader’s Forum; American Association for Justice: Medtronic InFUSE® Litigation Group; American Association for Justice: Products Liability Section; American Association for Justice: Qui Tam Litigation Group; American Association for Justice: STEP-Toxic, Environmental and Pharmaceutical Torts Section;  Consumer Attorneys Association of Los Angeles;  Member, UCLA Journal of International Law & Foreign Affairs;  Contributing Author to The Docket, a UCLA School of Law Publication
  • Court Admissions:California, 2002;  U.S. District Court, Central District of California, 2002;  U.S. Court of Appeals, Ninth Circuit, 2002;  U.S. District Court, Southern District of California, 2005;  U.S. District Court, Eastern District of California, 2005;  U.S. Court of Appeals, Tenth Circuit, 2008;  U.S. District Court, Western District of Michigan, 2008;  U.S. District Court, Eastern District of Wisconsin, 2008;  U.S. Court of Appeals, Third Circuit, 2008;  U.S. Court of Appeals, Seventh Circuit, 2009;  U.S. Supreme Court, 2011;  U.S. District Court, Northern District of California, 2012;  U.S. Court of Appeals, First Circuit, 2013

Pro bono/Community Service:

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

Scholarly Lectures/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
  • Topic: “Strategies for Litigating Copyright Cases When Infringement is Uncontested”; Organization: San Fernando Valley Bar Association; Event: Intellectual Property, Entertainment Law & Internet Law Section; Location: Woodland Hills, California; Date: February 17, 2006
  • Topic: “Oral Advocacy Competition Participant”; Organization: American Bar Association; Event: ABA Forum on Communications Law – Media Advocacy Workshop; Location: Key Largo, Florida; Date: February 8, 2007
  • Topic: “Legal Implications of Pharmaceutical Ghostwriting”; Organization: Faculty of Law’s Conference; Event: The Ethics of Ghost Authorship in Biomedical Research: Concerns and Remedies Workshop; Location: University of Toronto; Date: May 4, 2011
  • Topic: “Living with the Mensing Decision”; Organization: Mass Torts Made PerfectEvent:  Actos and Pelvic Mesh Litigation Update; Location: Philadelphia, Pennsylvania; Date: February 8, 2012
  • Topic: Panel: Corruption; Organization: Selling Sickness; Event: Selling Sickness, People Before Profits, Session VI; Location: Washington, D.C.; Date: February 20 – 22, 2013
  • Topic: “Status of the Infuse Litigation”; Organization: Mass Torts Made PerfectEvent:  Medtronic Infuse Litigation Update; Location: Las Vegas, Nevada; Date: October 10, 2013
  • Program: Medtronic InFUSE Litigation Group; Topic: Status of Cases That Have Survived Preemption Motions and Discovery Strategies and Different Venue Options; Organization: American Association for Justice; Event:  2014 AAJ Annual Convention; Location: Baltimore, Maryland; Date: July 26 – 30, 2014
  • "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
  • "Preemption's Requiem in the Wake of Wyeth v. Levine" LexisNexis® Mealey's™ Emerging Drugs & Devices, Volume 14, Issue #10, May 2009, Author
  • "Reason Magazine Perpetuates False Information About Safety and Efficacy of Antidepressants", September 30, 2011, Author
  • "Challenging Medical Ghostwriting in US Courts" PLOS Medicine January 24, 2012, Author
  • "Outsmarting the 'Learned-Intermediary Doctrine' Defense", The Advocate, February 2010, pg 62, 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
  • Contributing Author to The Docket, a UCLA School of Law Publication
  • Member, UCLA Journal of International Law & Foreign Affairs

Representative Clients:

  • Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802
  • Tucker v. SmithKline Beecham Corp., 596 F.Supp.2d 1225 (S.D.Ind. 2008) (granting plaintiff’s motion for reconsideration and holding that plaintiff’s claims are not preempted by federal law)
  • Knipe v.SmithKline Beecham, 583 F.Supp.2d 553 (E.D.Pa 2008) (holding that plaintiffs’ claims are not preempted by federal law)
  • Knipe v. SmithKline Beecham, 583 F.Supp.2d 602 (E.D.Pa. 2008) (holding that a drug manufacturer owes a duty to warn regarding risks associated with off-label uses and allowing plaintiffs’ claims for compensatory and  punitive damages to proceed to the jury)
  • Cunningham v. SmithKline Beecham, 255 F.R.D. 474 (N.D.Ind. 2009) (ordering defendant to produce documents and awarding sanctions)
  • Forst v. SmithKline Beecham Corp., 602 F.Supp.2d 960 (E.D.Wis. 2009) (holding that Wisconsin has not adopted the learned intermediary doctrine and allowing all of plaintiffs’ claims, including, negligence, fraud and punitive damages to proceed to the jury)
  • Forst v. Smithkline Beecham Corp., 639 F.Supp.2d 948 (E.D.Wis.,2009) (holding that plaintiffs’ claims are not preempted by federal law)
  • Mason v. SmithKline Beecham Corp., 596 F.3d 387 (7th Cir. 2010) (unanimously reversing the trial court’s preemption ruling  and allowing plaintiffs’ claims to proceed to a trial on the merits)
  • Tucker v. SmithKline Beecham Corp., 701 F.Supp.2d 1040 (S.D.Ind.2010) (denying defendant’s learned intermediary defense and further allowing plaintiffs’ experts to testify regarding the causal association between antidepressants and increased suicidal behavior)
  • Dorsett v. Sandoz, Inc., 699 F.Supp.2d 1142 (C.D.Cal. 2010) (denying defendants’ preemption motion and holding that both name-brand and generic drug manufacturers have an affirmative duty to issue warnings)
  • Cabana v. Stryker Biotech, LLC et al., Case No. BC465313, 2012 WL 3729227 (Cal.Super. Ct., August 20, 2012) (holding that injured patient’s state law claims arising out of medical device manufacturer’s off-label promotion of its bone morphogenetic protein [Infuse] were not expressly nor impliedly preempted by federal law)
  • McCormick v. Medtronic, Inc., 219 Md. App. 485, 101 A.3d 467 (2014) (unanimously reversing the trial court’s preemption/dismissal ruling and holding that injured patient’s claims arising out of medical device manufacturer’s off-label promotion of its medical device were not preempted by federal law and thus allowing plaintiff to proceed with his meritorious claims)
  • Boutte v. Stryker Biotech, LLC, 67 F. Supp. 3d 732, 734 (M.D. La. 2014) (denying defendant’s motion to dismiss and permitting plaintiff to proceed with his products liability claims against medical device manufacturer)
  • Hricik v. Stryker Biotech, LLC, 89 F. Supp. 3d 694 (E.D. Pa. 2015) (granting plaintiff’s motion to remand the case back to state court)

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: 9/6/2018

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