JANA WOZNIAK is an experienced litigator with a wide-ranging practice representing and advising clients in complex product liability, toxic tort, and commercial litigation matters in state and federal court. Jana is a partner in the firm’s Product Liability and Mass Torts practice in Chicago. Her mass tort experience includes serving as national counsel to several Fortune 500 companies, as well as coordinating and managing thousands of lawsuits in Multi-District Litigation (MDL) and state coordinated proceedings alleging personal injury from pharmaceutical drugs, medical devices, and environmental exposure. She also has a breadth of medical device experience, which includes defending manufacturers of both 510(k) and Premarket Approval (PMA) devices in litigation and advising on recalls, customer alerts, and medical device reporting.
Jana effectively counsels clients through every stage of the litigation process from pleadings to trial, and provides pre-litigation advice and risk assessments. Jana has deposed and defended in deposition countless witnesses from a variety of backgrounds, including CEOs, sales representatives, physicians, plaintiffs, experts, hostile witnesses, former employees and foreign witnesses. She has drafted and argued numerous pretrial motions, including motions in limine, Daubert/Frye motions and summary judgment motions. Jana tailors her approach and guidance to fit each client’s unique needs and business objectives, whether it be early resolution, vigorous defense or trusted counsel.
Jana’s recent representations include:
- Representing an ethylene oxide sterilizer in a coordinated proceeding alleging personal injury from community exposure to ethylene oxide.
- Lead defense counsel for a medical device manufacturer in multi-district litigation involving metal-on-metal hip implants.
- Advise ex-U.S. companies on product liability and litigation risks associated with operating or expanding business in the U.S.
- Advise clients on labeling, warnings, and recalls for consumer products.
- Lead defense counsel for a medical device manufacturer in product liability litigation in state court involving antibiotic-resistant bacteria.
- Provider of litigation risk counseling and advice to a manufacturer of an implantable medical device and the manufacturer of a diagnostic medical device involving recall and manufacturing issues.
- Counsel for a major medical device manufacturer in product liability litigation concerning a Class III implantable medical device. Lead responsibility for litigation management and advising the company on public relations and business litigation risk management issues.
- Separate counsel for Japanese company in product liability litigation involving Type II diabetes drug subject to indemnification agreement.
- Counsel for a major pharmaceutical company in product liability litigation involving a diabetes medication, with a specific focus on sales and marketing issues and witnesses.
- Counsel for a major pharmaceutical company in antitrust class action litigation involving allegations of filing a citizen petition with FDA to delay generic entry. Successfully argued against plaintiffs’ motion for testimony of company witnesses through live contemporaneous transmission at trial under FRCP 43.
- National counsel in litigation alleging personal injuries caused by oral contraceptives in federal and state courts. Selected as trial team member in the first case set for trial in MDL.
- National counsel in product liability litigation involving drug used in coronary bypass surgery. Successful in motions for summary judgment in several cases, after excluding plaintiffs’ specific causation experts.
- Defending a medical diagnostic manufacturer against product liability claims for the failure to warn of a newly discovered condition, including a focus on foreign witness discovery.
- National defense counsel in statin drug litigation. Deposed several treating physicians and expert witnesses, which resulted in summary judgment victories and the dismissal of the claims of more than 50 plaintiffs.
Jana works closely with her clients on regulatory issues and has significant experience with FDA experts and regulatory issues within the sales and marketing framework. Jana also helps her clients navigate the murky waters of e-discovery and document preservation, retention and production. She is instrumental in the development of discovery plans and protocols to help minimize motion practice and other burdens typically associated with discovery. Jana’s leadership and relationships with her clients have earned her recognition by Who’s Who Legal: Life Sciences (2017–2020) and Who’s Who Legal: Product Liability (2018–2020).
Jana joined the firm in 2006 after having worked as an associate at a premier litigation law firm in Washington, D.C. She earned her law degree from Tulane University, where she graduated Order of the Coif and served on Moot Court. With her engineering background and registered patent attorney status with the U.S. Patent and Trademark Office (PTO), Jana brings a unique perspective to her clients in the life sciences industry.