Ellen K. Scott is special counsel in the Berwyn office of Pepper Hamilton LLP and a member of the firm’s Health Sciences Department. Ms. Scott represents manufacturers and marketers of prescription and over-the-counter pharmaceuticals and medical devices in defense of complex mass torts, product liability, and consumer fraud litigation. Ms. Scott has substantial experience representing companies in multidistrict federal litigation and state proceedings nationwide.
Ms. Scott works intensively with clients to develop the factual and scientific background and prepare witnesses for testimony. She identifies and develops expert witnesses and has deposed opposing experts in a variety of fields. She has been involved in lengthy Daubert in limine hearings to exclude scientific evidence at trial.
Ms. Scott counsels clients on FDA regulatory compliance and litigation risk for prescription and over the counter pharmaceuticals and medical devices related to clinical trial conduct and procedures, adverse event reporting, product recalls, advertising and promotional activities, labeling, media and other disclosures. She assists clients in responding to congressional, regulatory and media inquiries. She also advises clients on corporate due diligence for mergers, acquisitions and other transactions involving life sciences businesses.
In addition to her work for pharmaceutical and medical device clients, Ms. Scott has a long history of defending companies against claims arising from alleged exposure to radiation. She was an integral member of the team that successfully defended the personal injury claims arising out of the accident at Three Mile Island, and she has defended radiation exposure related claims in a variety of other settings from class actions to individual worker exposure claims.
Ms. Scott has written chapters in texts on the use of epidemiological evidence in the courtroom and she has taught continuing legal education courses on the use and exclusion of expert evidence.
Ms. Scott engages in a variety of pro bono activities including the defense of refugees in deportation and asylum proceedings, the provision of advice to nonprofit land conservation groups, and work with lawyers in support of climate change solutions.