Jonathan Tam

SAN FRANCISCO - Jonathan S. Tam defends major pharmaceutical, medical device and other companies in complex mass tort product liability litigation, where his focus for several years has been on using scientific evidence to rebut claims that a client's product causes injuries.

For instance, he is a member of the Dechert team representing 3M in what is believed to be the largest federal multidistrict litigation in history. In it, about 280,000 current and former military service members claim the company's earplugs caused their hearing problems. In Re: 3M Combat Arms Earplug Products Liability Litigation, 3:19-md-02885 (N.D. Fla., filed April 3, 2019).

Just since November, Tam has participated in three separate trials in the matter. He deposed experts, analyzed their reports and crossexamined important witnesses. "There's nothing like trying cases. I really enjoy it," he said.

Along with senior partners Kimberly Branscome and Jay Bhimani, Tam is defending pharmaceutical giant GSK in another massive set of products lawsuits. That litigation alleges the client's heartburn medication Zantac causes cancer. He is helping lead the team in the litigation in both the federal MDL in Florida and the California cases consolidated in Oakland. The first Zantac trial is currently set for February. In re Ranitidine Cases, JCCP 5150 (Alameda Super. Ct., filed Jan. 12, 2021).

He also participated in preparing Dechert's presentation for an educational "science day" for the judge hearing the MDL.

Tam called taking on science- and expert-related issues as a young associate "one of the major inflection points" of his career. And the first two matters he worked on ended in federal appellate rulings blocking expert testimony against major pharmaceutical companies.

In the first, he was part of the team defending Pfizer against allegations that its antidepressant Zoloft caused birth defects. He took the lead writing the brief that convinced the Third Circuit to uphold ending the entire MDL. In re Zoloft (Sertraline Hydrochloride) Products Liability Litigation, 858 F.3d 787 (3d Cir. 2017).

He also had a key role in the successful appeal to exclude plaintiffs' experts in litigation accusing the company's statin, Lipitor, of causing diabetes. He remains one of the lead lawyers on Pfizer's appellate and science and expert teams in the ongoing matter. In re Lipitor Marketing, Sales Practices & Products Liability Litigation, 892 F.3d 624 (4th Cir. 2018)

Tam's successes in those and other cases led to his being selected by the Washington Legal Foundation to prepare an amicus brief to the U.S. Supreme Court. "They reached out to me... to be counsel of record for them," he said. The foundation told him that on issues related to scientific evidence and experts, "we've seen your great work, and we trust you."

His brief supported Monsanto's petition for certiorari in litigation over the pesticide Roundup. The court declined to take the case in June. Monsanto v. Hardeman, 21-241 U.S. S. Ct., petition filed Aug. 16, 2021).

In a very different area, he and another Dechert partner have been assisting the Center for Reproductive Rights to fight for women's right to abortions. Just last month, they filed a lawsuit directly in the Oklahoma Supreme Court, arguing that the state's own constitution provides broader protections and civil rights than the U.S. constitution. Oklahoma Call for Reproductive Justice v. O'Connor, 120543 (Okla. Supm. Ct., filed July 1, 2022).

"That's very important work for me," Tam said. "It's very fulfilling."