Brian Devine is a founding partner at Seeger Devine LLP and his practice focuses on complex product liability and class action litigation.  Brian has served as a key member of the trial teams in five trials, all of which resulted in favorable verdicts totaling more than $1.7 billion.  He also has been instrumental in negotiating settlements totaling more than $4 billion.

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Brian's depth of knowledge of product liability litigation stems from his years working in the medical device industry, and he now uses that experience to represent patients who are injured by complex medical devices and pharmaceuticals.  Brian attended law school at night while working as the risk manager at Sulzer Medica, a firm based in Switzerland that made complex medical devices such as pacemakers, heart valves, and orthopedic implants.  

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As Sulzer Medica’s Assistant General Counsel, Brian was responsible for all of the firm’s product liability cases worldwide. When the company suddenly had to recall several thousand hip and knee implants in December 2000, Brian was given lead responsibility for managing the resulting avalanche of litigation.  

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While in-house at Sulzer, Brian managed thousands of individual cases and directed attorneys in almost every state in the country. He also managed a federal Multi-District Litigation proceeding and several coordinated state court proceedings. He then took a leading role in negotiating a nationwide class-action settlement which compensated victims of the recall while, at the same time, saved the company from financial disaster.  

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In 2002 Brian founded the law firm Seeger Salvas & Devine LLP (now Seeger Devine LLP) with his partners Ken Seeger and Adam Salvas.  At Seeger Devine LLP, Brian represents plaintiffs in high-stakes medical device and pharmaceutical product liability cases.  

 

Brian’s legal and medical knowledge combined with the unique perspective he gained while in-house makes him a formidable adversary.  Brian’s experience includes managing litigation at all stages of the lifecycle from pre-litigation through appeal. Additionally, Brian has significant experience managing coordinated actions, both in federal and state courts. 
 

Professional Experience

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• Seeger Devine LLP – Founding Partner (2002 - Present)

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• Crosby, Heafey, Roach & May, LLP (later became Reed Smith LLP) – (2001-2002)

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• Sulzer Medica USA, Inc. - Assistant General Counsel (2001), Risk Manager (1997 – 2000), Risk Analyst (1995 – 1997)

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Representative Cases

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• Faye Getubig v. Kaiser Foundation Health Plan, Inc. (Judge Sallie Kim, Northern District of California) – Brian filed a class action lawsuit against Kaiser for illegally charging its members hundreds of dollars for COVID tests.  The lawsuit resulted in Kaiser reversing and refunding more than $5.4 million in charges for more than 40,000 COVID tests, and putting corrective measures in place to ensure illegal charges would not occur in the future, all within three months after the lawsuit was filed.

  • NBC Bay Area Coverage​

  • Sacramento Bee Coverage

  • San Jose Mercury News Coverage

  • Telemundo Coverage

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• In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Litigation (Judge Joy Flowers Conti, Western District of Pennsylvania) - Brian was appointed to serve on the Science Committee where he has a leading role in developing the medical and scientific issues on behalf of thousands of victims of Philips' recalled CPAP and BiPAP machines.

 

• In re: Allergan Biocell Textured Breast Implant Liability Litigation (Judge Brian Martinotti, District of New Jersey) - Brian was appointed as the co-chair of the Science Committee where he has a leading role in developing the medical and scientific issues on behalf of hundreds of women who suffered lymphoma and other injuries that were caused by their recalled textured breast implants.

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• ​Spiro v. Trinity Management Services (Judge Andrew Cheng, San Francisco Superior Court) - Judge Cheng appointed Brian to serve as Class Counsel to represent hundreds of tenants who claim that their landlord systematically violated San Francisco's rent control ordinance over the course of several years.  Brian succussed at trial by obtaining a decision in favor of Plaintiffs finding that Trinity violated the rent ordinance by charging tenants for water and trash services.

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• In re: Stryker V40 Femoral Head Products Liability Litigation (Judge Indira Talwani, District of Massachusetts) - Judge Talwani appointed Brian to the Plaintiff's Steering Committee where he had a leading role in developing the medical and scientific issues on behalf of hundreds of victims of the Stryker V40 hip implant. 

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• Andrews, et al. v. DePuy Orthopedics, Inc. (United States District Court, Northern District of Texas) – Brian was part of the trial team that represented five plaintiffs who were injured by a defective DePuy/Johnson & Johnson Pinnacle metal-on-metal hip implant. The trial in Dallas, Texas lasted ten weeks between September and December 2016. The trial ended with a jury award of $1 billion to the five plaintiffs and their spouses.

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• Peterson, et al. v. DePuy Orthopedics, Inc. (United States District Court, Northern District of Texas) – Brian was part of the trial team that represented five plaintiffs who were injured by a defective DePuy/Johnson & Johnson Pinnacle metal-on-metal hip implant. The trial in Dallas, Texas lasted eight weeks between January and March 2016 and ended with a $502 million award to the five plaintiffs and their spouses.

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• In Re: DePuy Orthopedics Pinnacle Hip Implant Products Liability Litigation (Judge Ed Kinkeade, United States District Court, Northern District of Texas) – Judge Kinkeade appointed Brian to the Science Committee.  He has been instrumental in helping to investigate and litigate claims on behalf of thousands of victims of DePuy's Pinnacle metal-on-metal hip implant.

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• In Re: DePuy Orthopedics ASR Hip Implant Products Liability Litigation (Judge David A. Katz, United States District Court, Northern District of Ohio) – Brian was instrumental in helping to investigate and litigate claims on behalf of thousands of victims of DePuy's ASR metal-on-metal hip implant.  Judge Katz then appointed Brian to the Settlement Oversight Committee where he helped negotiate and implement three global settlements that have provided more than $4 billion in compensation and benefits to 9,000 victims of the DePuy ASR metal-on-metal hip implant.

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• Kransky v. DePuy Orthopedics, Inc. (Los Angeles County Superior Court) – Brian was part of the trial team that represented Mr. Loren Kransky, a victim of DePuy’s defective ASR metal-on-metal hip implant. The trial in Los Angeles, California lasted six weeks and ended with an $8 million award to Mr. Kransky. This verdict was later affirmed in a unanimous opinion by the California Court of Appeal.

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• Anderson, et al. v. CitiApartments, Inc., et al. (San Francisco Superior Court) – Brian was appointed Class Counsel in four related lawsuits in which he represented hundreds of tenants whose security deposits were illegally withheld by San Francisco’s largest landlord. Brian secured settlements of more than $1 million on behalf of the Class Members. 

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• In re: Stryker Rejuvenate and ABG II Modular Femoral Stems (Judge Brian Martinotti, New Jersey) - Brian was appointed to the Science Committee where he helped to investigate the medical, scientific, and technical aspects of this case involving a defective modular femoral stem.  This case has resulted two global settlements that have provided compensation to thousands of victims.  

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• In re: Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391, Judge Robert L. Miller, United States District Court, Northern District of Indiana) - Brian was appointed by Judge Miller as Interim Plaintiff’s Liaison Counsel. Filed and successfully argued motion requesting transfer of actions to a consolidated proceeding.  Helped to organize a leadership structure for plaintiff’s counsel that was ultimately approved by the Court.  Negotiated preliminary matters with defense counsel for presentation of the Court at the first case management conference.

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• In Re: Zicam Cold Remedy Marketing, Sales Practices, and Products Liability Litigation (MDL 2096, Judge Fredrick J. Martone).  Judge Martone appointed Brian's partner, Ken Seeger, to the Plaintiffs’ Steering Committee.  Brian was involved in all aspects of case, including development of medical and scientific issues, preparing for depositions, researching available insurance coverage, and assisting with negotiation of global settlement.  

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• In re: Phenylpropanolamine (PPA) Products Liability Litigation (MDL 1407, Judge Barbara Rothstein, United States District Court, Western District of Washington) – Brian and his partner Ken Seeger served as settlement counsel for Defendant Chattem, Inc.  Brian and Ken negotiated and implemented a successful global class action settlement for plaintiffs who suffered cardiac injuries alleged to have been caused by Dexatrim diet drugs containing PPA.

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• In re: Sulzer Orthopedics Hip and Knee Products Liability Litigation (MDL 1401, Judge Kathleen O’Malley, United States District Court, Northern District of Ohio) – Brian was in-house counsel for Sulzer, the manufacturer of recalled hip and knee implants.  Brian retained and managed national counsel and local counsel in each state. Brian's team developed a litigation and settlement strategy, and ultimately negotiated a successful $1 billion class action settlement that resolved almost all of the litigation against the company.

 

Seminars, Professional Lectures, and Academic Works

 

• Joshua P. Davis & Brian J. Devine, Procedural Self-Inflicted Wounds?, 24 Lewis & Clark L. Rev. 497, June 2020

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• Supplemental Response to Advisory Committee on Federal Rules Regarding Proposed Multidistrict Litigation Rule Amendments, October 2019

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• Formal Response to Advisory Committee on Federal Rules Regarding Proposed Multidistrict Litigation Rule Amendments, June 2019

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• Roundtable Member, Emory Law's Institute for Complex Litigation and Mass Claims - MDL Conference - Boston, MA - May 2019

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• Invited Speaker - Exit Strategies, Papering the Deal, and Lien Resolution - Harris Marin MDL Conference - Washington DC - April 2019

 

• Roundtable Member, Federal Civil Rules Committee and MDL Subcommittee Roundtable on Proposed Changes to Federal Rules of Civil Procedure - Atlanta, GA - August 2018 

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• Roundtable Member, Berkeley Law / Emory Law Joint State and Federal Judicial Roundtable - Berkeley, CA - June 2018

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• Invited Speaker, MDL Conference: Orthopedic Devices and Hernia Mesh Litigation - Boston, MA - September 2017.

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• Roundtable Member, Emory University Institute for Complex Litigation Judicial Roundtable - Atlanta, GA - September 2017

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• Invited Speaker, MDL Conference: Personal Jurisdiction and PPI Litigation, Los Angeles, CA - July 2017

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• Invited Speaker, Federal Judicial Center / Judicial Panel on Multidistrict Litigation Conference, Atlanta, GA – December 2016. Presented on three subjects: (1) Class Action Case Management: Techniques for Resolution, Motion Practice & Appeals: Preemption, Daubert & Other Silver Bullet Motions – and the Viability of Appeal, and (3) Injunctive Relief, Punitive Damages, Special or Unusual Damages.

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• Conference Co-Chair – “Harris Martin MDL Conference” – Seattle, WA – July 27, 2016

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• Moderator – “Bet-the-Company' Mass Tort Litigation” – Chicago, IL – May 25, 2016

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• Moderator – “Mass Torts Judicial Forum With Hon. Marina Corodemus” – New York, NY – April 15, 2016

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• Member, Sedona Conference, Working Group 8 – Mass Torts and Punitive Damages, 2012 - present.

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• Invited Speaker – “Trials: Class Actions or Individual Claims” – Mass Torts Judicial Forum With Hon. Marina Corodemus – New York, NY – April 17, 2015

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• Invited Speaker – “General Motors Ignition Switch Recall Litigation Conference” – Chicago, IL – May 28, 2014

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• Invited Speaker – “Federal State Coordination - Coordination, Cooperation, Coercion” – Mass Tort Litigation Conference With Hon. Marina Corodemus – New York, NY – March 11, 2013

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• Invited Participant – 14th Annual Sedona Conference on Complex Litigation and Class Actions – Del Mar, CA – May 2-3, 2012

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• Invited Speaker – “Hot Topics in MDL and Class Action Litigation” – San Diego, CA – March 28, 2012

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• Invited Speaker – “11th Annual Class Action / Mass Tort Symposium,” Louisiana State Bar Association – New Orleans, LA – November 11, 2011

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• Conference Co-Chair – “Zimmer NextGen Knee & DePuy Pinnacle Hip Implant Litigation Conference – San Francisco, CA June 24, 2011

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• Invited Speaker – “DePuy Pinnacle Hip Implant Litigation Conference” – Louisville, KY – October 28-29, 2011

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• Invited Speaker – “New Developments In Hip Implant Litigation,” – San Diego, CA – March 29, 2011

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• Invited Speaker – “Civil Litigation Practice: 29th Annual Recent Developments” – Continuing Education of the Bar – San Francisco, CA – January 29, 2011

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• Invited Speaker – “Johnson & Johnson DePuy Hip Implant Litigation Conference” – Durham, NC – November 17, 2010

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• Invited Speaker – “Toyota Recall Litigation Conference” – Costa Mesa, CA – May 12, 2010

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• Judge – Stanford University Mock Trial Competition – Palo Alto, CA – January 27, 2008

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• Author – “The Preemption Defense in Medical Device Product Liability Lawsuits: Plaintiffs’ Perspective” – California Litigation Reporter – Continuing Education of the Bar – October 2006

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Education

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• University of Houston - Juris Doctorate (with Honors) – 2001

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• University of Nevada, Las Vegas - Bachelor of Science, Finance, Risk Management, and Insurance – 1995

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Professional Designations

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• Chartered Property and Casualty Underwriter (CPCU) designation by the American Institute of Property and Casualty Underwriters, 2000.

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• ARM designation by the American Institute of Property and Casualty Underwriters, 1997.