Brian D. Fowler

Associate

Richmond
Business Phone: 804.697.1207
Business Fax: 804.698.6055

brian.fowler@troutmansanders.com

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Brian is a senior associate in the firm's Product Liability, Complex Litigation, and Environmental and Toxic Tort practice groups. Brian has substantial experience defending clients in complex commercial and product liability litigation in state and federal courts, including manufacturers of orthopaedic implants, spinal cord stimulation systems, pain pumps, and numerous prescription and over-the-counter drugs. In 2009-2010, Brian represented a large financial institution in highly-publicized litigation arising out of a complex transaction involving a multi-million dollar irrevocable standby letter of credit. Brian has also handled a variety of other commercial, mass tort, and toxic tort litigation, has experience with antitrust claims, defamation claims, and construction disputes, and has counseled employers on the validity of non-compete agreements.

Prior to joining Troutman Sanders, Brian spent three years practicing in the Washington, D.C. office of Hogan Lovells. Immediately following graduation from Duke Law School, Brian clerked for the Honorable Robert G. Doumar in the Eastern District of Virginia (the "Rocket Docket").

As a 1996 alumnus of Virginia Tech, where he graduated Phi Beta Kappa and summa cum laude, Brian is also a die-hard "Hokie".

Representative Experience
Virginia counsel for a major US specialty surgical and medical products manufacturer in cases related to various orthopaedic implants, including surgical nails used for fixation of a hip fracture and pain pumps.

Defended several major pharmaceutical manufacturers with regard to individual and multi-district litigation related to antibiotics, diet drugs, and various other prescription and over-the-counter drugs.

Represented a large financial institution in highly publicized litigation arising out of a complex transaction involving a multi-million dollar irrevocable standby letter of credit.

Defended a major US medical device manufacturer in litigation concerning spinal cord stimulation systems.

Defended a national less-than-truckload commercial trucking company with regard to emerging diesel fume litigation.

Defended a major US specialty surgical and medical products manufacturer in approximately 50 Virginia and District of Columbia cases in which the plaintiffs claimed to have received defective knee replacement components.

Defended one of the world’s largest clinical laboratories in lawsuits alleging negligent blood, pathology, and HIV specimen handling and testing.

Publications, Presentation and Speaking Engagements
Co-author with Dabney J. Carr, IV, "Supreme Court Decision in Pliva v. Mensing Breathes New Life into 'Impossibility' Preemption of Prescription Drug Failure to Warn Claims," International Association of Defense Counsel, Product Liability Committee Newsletter, November 2011 

Author, Virginia Chapter of the ABA publication "Plaintiff's Medical Care and Treatment - Discovery of Evidentiary Issues: A 50-state Survey - A Report of the Pharmaceuticals Subcommittee of the Products Liability Committee" (2011).

Co-Presenter, "2009 Products Liability Year In Review," ABA Section of Litigation 2010 Environmental, Mass Torts and Products Liability Litigation Committees Joint CLE Seminar (2010).

"Wyeth v. Levine, Six Months Later - What Remains of Prescription Drug Preemption?", Drug, Device and Biotechnology Committee Newsletter, The International Association of Defense Counsel (2009).

Author, Virginia Chapter of the ABA Publication "Consumer Class Actions: 50-State Survey" (2009).

Author, Virginia Chapter of ABA Publication "Federal Jurisdiction Based on Removal:  A 50-State Survey - A Report of the Pharmaceutical Subcommittee of the Products Liability Committee" (2008).

Author, Virginia Chapter of the ABA Publication “Update on Punitive Damages Claims: A 50-State Survey – A Report of the Pharmaceuticals Subcommittee of the Products Liability Committee" (2007).

Work Experience
Troutman Sanders LLP, 2004-present
LeClair Ryan, PC, 2003-2004
Hogan Lovells, 2000-2003 (Washington, D.C.)
Law Clerk to the Hon. Robert G. Doumar, Senior U.S. District Court Judge, Eastern District of Virginia, 1999-2000

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Education

  • Duke University, J.D., 1999
  • Virginia Tech, B.A., summa cum laude, 1996
    Phi Beta Kappa


Bar Admissions

  • 1999 Virginia
  • 2001 District of Columbia


Court Admissions

  • 1999 U.S. District Court for the Eastern District of Virginia
  • 2004 U.S. District Court for the Western District of Virginia
  • 2006 U.S. Court of Appeals for the Fourth Circuit
  • 2003 U.S. District Court for the Western District of Michigan


Memberships

  • Virginia State Bar
  • Virginia Bar Association
  • District of Columbia Bar
  • American Bar Association (Member, Litigation Section, Products Liability Committee, Co-Chair of the Medical Device Subcommittee; Co-Chair of the Website Subcommittee, 2009-2011)
  • Defense Research Institute
  • Virginia Association of Defense Attorneys (VADA)