Thomas A. Woods Experience Tom Woods practices in the firm's Trial and Product Liability practice groups. His experience encompasses general civil litigation, including complex commercial litigation with a strong emphasis in defending medical device and pharmaceutical manufacturers in state and federal courts. Tom has defended numerous medical device and pharmaceutical manufacturers in product liability and consumer protection-related actions in individual cases, state coordinated proceedings and Multidistrict Litigation (MDLs). Tom's product liability cases frequently involve claims of negligent and strict product liability for alleged manufacturing and design defects, as well as allegations of inadequate warnings, failure to warn and purported fraud in marketing. Tom has Of Counsel defended these claims directed against manufacturers of surgical devices, implantable medical devices and other medical products including diagnostic contrast agents, Sacramento, CA over-the-counter medications and pharmaceuticals. He has also litigated other (916) 319-4748 direct personal injury, wrongful death and regulatory enforcement actions (e.g., unfair competition, false advertising and Proposition 65 cases) alleging harmful exposures to asbestos, varnishes, inks, benzene, ethylbenzene, 1,4 dioxane, formaldehyde and volatile organic compounds. As an outgrowth of his product liability practice, Tom has provided preventative (916) 447-4781 fax thomas.woods@stoel.com Education School of Law, J.D., 2000, with advice to product manufacturers, distributors and service providers in areas including: distinction product labeling, risk assessments, "Section 510(k)" submissions and supplemental Alumni Scholarship Award submissions to the U.S. Food & Drug Administration for medical device marketing Traynor Honor Society Emil E. Gumpert Trial Advocacy Award clearance, compliance with California's Proposition 65, and marketing material compliance with unfair competition laws enforced by state agencies and individual plaintiffs. In recent years, Tom has successfully defended motions for preliminary University of the Pacific, McGeorge University of Southern California, B.A., International Relations 1996, cum injunctions by the State of California seeking to enjoin clients' sales of consumer laude products due to alleged violations of consumer protection laws. Before joining Stoel Rives, Tom was of counsel in the litigation department at Greenberg Traurig LLP (2008-2011) and an associate with Shook, Hardy & Bacon L.L.P. (2004-2008). Before going into private practice, Tom was in the U.S. Navy JAG Corps Admissions All California State Courts U.S. District Court for the Central District of California (2001-2004), where he served as trial defense counsel in over 60 misdemeanor and felony-level criminal prosecutions. Tom was also selected by the Department of the District of California Navy and Department of Justice to serve as trial defense counsel for the U.S. Attorney's Office, Southern District of California (2002-2004), where he defended the U.S. District Court for the Northern District of California U.S. District Court for the Southern United States as a Special Assistant U.S. Attorney in over 50 civil lawsuits filed pursuant to the Federal Tort Claims Act, Title VII, Freedom of Information Act and U.S. District Court for the Eastern District of California U.S. Court of Appeals for the Ninth Circuit All military trial courts and Courts of Appeal Thomas A. Woods other statutory schemes for the alleged acts and omissions of employees of the U.S. Navy, acting within the course and scope of their federal employment. Representative Work* MASS ACTIONS, PRODUCTS LIABILITY, HEALTHCARE-RELATED AND UNFAIR COMPETITION DEFENSES Gonzalez v. Compass Vision, Inc., et al. and Fujisawa v. Compass Vision, Inc., et al.: Drafted successful summary judgment motions in two mass tort cases (negligent drug testing cases) disposing of indemnity actions related to over 10 plaintiffs' cases in two federal courts; substantial attorneys' fees claim settled favorably for medical industry client. In a recent defense of a Fortune 500 manufacturer-client's case, aggressive discovery and sub-rosa strategies led to the outright dismissal of a high-exposure matter, with an award and judgment in favor of client for $20,000 (costs). Defended numerous medical industry manufacturers in products liability cases where outright dismissals with prejudice were achieved after preliminary informal discovery and negotiation, including in cases involving computerized medical record housing and retrieval software, chest tubes, trocars and surgical staplers. Federal class action experience as counsel responsible for all aspects of litigation in class actions, including cases involving wage and hour claims and California Business and Professions Code section 17200 violations. In Re: Gadolinium Contrast Dyes Products Liability Litigation, MDL No. 1909: Local counsel for contrast agent manufacturer and responsible for litigation and discovery strategy, as well as national expert witness retention and preparation. In Re: Guidant Corp. ICD Products Liability Litigation, MDL No. 1708: Local counsel in Southern California for implantable cardioverter defibrillator (ICD) manufacturer; responsible for discovery, witness interviews and successful dispositive and Daubert motion practice. In Re: PPA Products Liability Litigation, MDL 1407: Local counsel responsible for over-the-counter drug manufacturer's discovery plans, discovery and mediation briefs in multi-district litigation and state coordinated proceeding in Los Angeles related to phenylpropanolamine (PPA) and hemorrhagic stroke. In defense of one of the first gynecologic surgical mesh cases in Los Angeles County, prepared successful motion for summary adjudication disposing of multi-million dollar product liability, unfair competition and medical privacy claims against the national product manufacturer. Represented a major medical device manufacturer as second chair trial counsel in a month-long products liability trial venued in Los Angeles County. PROPOSITION 65 AND OTHER REGULATORY COMPLIANCE MATTERS In a consumer protection/false advertising action venued in Alameda County, successfully opposed the State of California's motion for preliminary injunction seeking to enjoin client's sale of medical devices in California where the injunction sought was overbroad and multiple substantial justifications were offered supporting sales of particular FDA-regulated products. People of the State of California v. Pro's Choice, et al., Superior Court, County of Stanislaus: In a consumer protection/false advertising action, successfully opposed the State of California's motion for preliminary injunction seeking to enjoin two retailer clients' sale of hair care products alleged to contain excessive volatile organic compounds (VOCs). Thomas A. Woods Defended numerous product manufacturer clients in California Proposition 65 cases where outright dismissals were negotiated preliminarily in cases involving formaldehyde. Advised numerous national clients on matters related to Section 510(k) and Supplemental 510(k) submissions for medical device marketing clearance in the United States; Proposition 65 warning labels and compliance issues related to advertising in marketing. OTHER REPRESENTATIVE MATTERS Carl R. Benevidez v. Secretary of the Navy, 67 Fed. Appx. 486 (9th Cir. 2005) successful respondent's brief in Title VII action alleging discrimination based on race/national origin. Larry R. James v. Gordon R. England, 120 Fed.Appx. 100 (9th Cir. 2005) successful respondent's brief to the Ninth Circuit Court of Appeals available online in employment discrimination case. Carol Sibbald v. Hansford T. Johnson, 294 F. Supp. 2d 1173 (S.D. Cal. 2003) opinion granting Secretary of the Navy's motion for summary judgment in Title VII action alleging retaliation and discrimination based on gender. Successfully defended the United States and Department of Veterans Affairs at trial as second chair trial counsel in an Feder al Tort Claims Act arising out of claims of a personal injury from a shuttle-bus incident. Achieved a defense verdict on contested charges in a felony-level General Court-Martial while with the U.S. Navy JAG Corps. *This work was performed prior to joining Stoel Rives LLP. Professional Honors and Activities Member, American Bar Association Advisory Committee, Sacramento Area Regional Technology Alliance (SARTA), 2012 Member, Programs Committee, Federal Bar Association, Sacramento Chapter, 2012 Member, Defense Research Institute (DRI), Drug and Medical Device Committee Presentations "Judgment Enforcement," Lorman Education Services, Mar. 2009 Publications "An Update on 'State-of-the-Art' in California Products Liability Cases," Stoel Rives Products Liability Law Alert, July 18, 2012 "California Buyer's Remorse Litigation: The Latest Round of ILSA Litigation is Further Complicated by California's Subdivided Lands Act" (coauthor), California Real Property Journal, Spring 2012 "'All Natural' Class Action Litigation in California—Trend Will Continue in 2012," (coauthor), Guide to U.S. Food Labeling Law, Feb. 2012 "Tort Wars: The California Legislature Strikes Back," Law360, Mar. 7, 2012 Thomas A. Woods "Labels Matter in California 'All Natural' Claims," Law360, Jan. 24, 2012 "Facing State Enforcement Actions," Law360, Jan. 9, 2012 "'All Natural' Class Action Litigation in California: What's in Store for 2012?," Stoel Rives Litigation Law Alert, Dec. 20, 2011 "What Companies Need to Know as FDA Warning Letters Allege 'Misleading Ads' for 'Lap-Band' Surgeries - and California Regulators Take Notice," Stoel Rives Litigation Law Alert, Dec. 21, 2011