Dana J. Ash

Partner

  • Dana J. Ash
  • Phone: +1 215 979 1197

    Dana J. Ash - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Dana J. Ash is Chair of the Products Liability and Toxic Torts Division of Duane Morris' Trial Practice Group and serves as a Lead for the Duane Morris Life Sciences and Medical Technologies Industry Group. Mr. Ash practices in the areas of products liability and business litigation and has conducted trials in state and federal courts across the United States. In addition to numerous court trials, Mr. Ash has handled mediations and litigated arbitration claims through the American Arbitration Association and the International Chamber of Commerce. He represents medical device and pharmaceutical manufacturers and distributors nationally in products liability matters, and in commercial disputes with suppliers and customers. Mr. Ash has served as lead trial counsel and lead national coordinating counsel for clients in consolidated products liability claims involving medical devices and pharmaceuticals, including human tissue products and other biologics, in both federal (multidistrict litigation ("MDL")) and state court venues. Mr. Ash also employs his medicolegal experience defending physicians, hospitals and health maintenance organizations in medical malpractice and other licensing claims. Mr. Ash also handles matters involving complex commercial disputes (including asset purchase agreement and partnership agreement disputes) and other business-related disputes.

Mr. Ash is a 1997 graduate of the University of Pennsylvania Law School and a graduate of Dartmouth College.

Representative Matters

  • Lead trial counsel for manufacturers and distributors of medical implant devices and biologics (including metal-on-metal and other hip, knee, shoulder and extremities devices) in numerous product liability cases nationwide, both in individual and consolidated proceedings.

  • Lead national counsel for drug distributor in national opioids litigation brought by governmental entities, alleging public nuisance and other product liability theories.

  • Lead national counsel for retailer and manufacturers in federal multi-district litigation (MDL) claims alleging that prenatal use of acetaminophen causes autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD).

  • Obtained a defense verdict on all counts following a two week jury trial for a global medical device manufacturer facing claim that metal-on-metal hip implant products were unreasonably dangerous. Donald S. DeLine v. Wright Medical Technology, Inc., et al., No. 14SL-CC01443, Mo. Cir., St. Louis Co. (2016), affirmed 540 S.W.3d 441 (Mo. Ct. App. 2018).

  • Obtained dismissal of all charges against a physician following trial in one of first standard of care disciplinary actions brought by the Pennsylvania Board of Medicine.

  • Obtained summary judgment in favor of a health maintenance organization on HMO liability claim.

  • Represented surgeons, obstetricians, and other physicians in high-stakes medical malpractice litigation.

  • Part of team that represented the Attorney General of Pennsylvania in landmark litigation against tobacco industry, which resulted in settlement in excess of $13 billion for Pennsylvania.

    • Commercial Litigation Matters

  • Obtained defense jury verdict in favor of large national accounting firm in $14 million accounting malpractice suit.

  • Obtained jury verdict in favor of international jewelry retailer Tiffany & Co. in $45 million copyright infringement suit.

  • Represented global electronics manufacturer in international arbitration against foreign microprocessor developer in dispute over intellectual property licensing rights.

  • Represented construction contractor organizations before the Supreme Court of Pennsylvania to obtain unanimous reversal of Commonwealth Court decision relating to public school construction contracts.

Areas of Practice

  • Medical Device Products Liability
  • Pharmaceutical Products Liability
  • Medical Malpractice
  • Business Litigation

Admissions

  • Pennsylvania
  • New Jersey
  • West Virginia
  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • Supreme Court of West Virginia
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Central District of Illinois
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eleventh Circuit

Education

  • University of Pennsylvania Carey Law School, J.D., 1997
  • Dartmouth College, B.A., cum laude, 1994

Experience

  • Duane Morris LLP
    - Partner, 2006-present
    - Associate, 1997-2005

Professional Activities

  • Philadelphia Bar Association
  • Defense Research Institute

Honors and Awards

  • Listed in The Best Lawyers in America, 2022-2024
  • Lawdragon 500 Leading Litigators in America, 2022-2024

  • Listed in LMG Life Sciences Intellectual Property Stars, 2023

Civic and Charitable Activities

  • Board of Directors, Lantern Theater Company, Philadelphia, PA

Selected Publications

Selected Speaking Engagements