Denise Bense

Denise Brinker Bense has a demanding local and national litigation practice which encompasses complex product liability cases with a heavy emphasis on life-science matters for medical device, pharmaceutical and tissue processing companies and hospitals.

She represents clients as national and local counsel in mass tort, class action, multidistrict and individual litigation, including claims based on consumer fraud and unfair trade practices.

Denise also represents a broad array of clients in complex and contentious insurance coverage and bad faith litigation matters, locally and nationally. She regularly provides legal advice to firm clients on issues relevant to insurance, risk management, recalls and product liability.

Over the past 28 years she has had gained significant experience before the Pennsylvania, New Jersey, New York, Florida, Georgia and Utah state (and Virgin Islands Territorial court) and federal courts as well as the Third, Fourth and Eighth Circuit Court of Appeals and the Utah Supreme Court.

Denise lectures and writes extensively on litigation, mass tort, multi-district, regulatory and first and third party liability insurance issues. She recently authored a section on “Medical Device Approvals” in DRI’s FDA Basics for the Drug and Medical Device Lawyer.

The book is designed to be a go-to reference guide for drug and device litigators, with straightforward explanations of the FDA’s regulation of the drug and medical device industry, including approval applications and processes, labeling, advertising and promotion, manufacturing, and post-approval commitments.

EXPERIENCE :

• Handled 12 Hurricane Hugo-related property insurance coverage and bad faith cases in St. Croix and St. Thomas, U.S.V.I.
• Acted as National coordinating counsel in the multidistrict pedicle screw litigation for a local medical device company.
• Prosecuted a large property damage insurance coverage case in Ohio federal court which resulted in a jury verdict of $30 million.
• Medical Device Litigation: First chair trial counsel currently defending a national orthopedic manufacturer in Maryland state court.
• Hydroxycut Mass Tort and Class Action Litigation: Counsel for manufacturer and distributor in cases assigned to Mass Tort program in Philadelphia with oversight responsibility of cases filed in Hydroxycut litigation filed in New Jersey state court as well and coordination with MDL litigation in California.  Involvement in the development and implementation of national eDiscovery strategies (preservation, collection and production) from manufacturers, distributors and retailers.
• Hurricane Hugo Insurance Litigation: Counsel for insurance company in coverage and bad faith claims adjustment and litigation filed in the U.S. Virgin Islands, in both Territorial and federal court, relating to condominium property damage in 12 separate condominium complexes. Summary judgment granted in 11 of the 12 cases.
• Asbestos Insurance Litigation: National counsel for insurance companies in insurance coverage litigation filed in Texas, Indiana, Ohio and New Jersey state courts relating to thousands of asbestos personal injury.

EDUCATION :

• Temple University School of Law, J.D., 1981
• Florida State University, B.S., 1977

BAR ADMISSIONS : Pennsylvania; New York

COURT ADMISSIONS :

• U.S. Court of Appeals for the Eighth Circuit
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Third Circuit
• U.S. District Court — Eastern District of Pennsylvania
• U.S. District Court — Southern District of New York

AFFILIATIONS :

• Defense Research Institute (Products Liability, Mass Torts, and Insurance Committees)
• Montgomery County Child Advocacy Project
• Pennsylvania Bar Association
• Philadelphia Bar Association