Thomas M. Greene
Thomas M. Greene has concentrated his practice in complex civil litigation for more than thirty years. Mr. Greene has represented individuals in a wide variety of cases ranging from whistleblowers who have exposed corporate fraud to individuals who have suffered serious injury or death arising from defective products, aviation crashes, and other catastrophic accidents. His litigation experiences have been chronicled in the New York Times, Wall Street Journal, USA Today, the Boston Globe, the British Medical Journal, The Lancet, the American Lawyer, and Trial magazine.
In a seminal lawsuit against Parke-Davis and Pfizer, a qui tam whistleblower case that involved off-label marketing of the drug Neurontin, Mr. Greene established for the first time that off-label promotion of prescription drugs was fraud that could result in liability to the government under the False Claims Act. His work exposing illegal drug marketing by the pharmaceutical industry has been featured in the book Our Daily Meds by former New York Times reporter Melody Petersen, and he has also been featured on national radio and television shows, including National Public Radio, Canadian Broadcasting Company, and NBC’s Dateline for his work in pharmaceutical litigation. Mr. Greene also recently published an article in Trial magazine entitled “A New Weapon in Pharma Cases” about the use of the Racketeer Influenced & Corrupt Organizations Act against pharmaceutical companies. He has spoken about pharmaceutical litigation at Northwestern Law School, Boston College, Johns Hopkins University, and Harvard Law School. He is also a frequent speaker at national conferences.
Mr. Greene understands being at the helm of multi-district litigation. He was appointed to the Plaintiffs’ Steering Committee of In re Air Crash Disaster, an MDL arising from the crash of American Eagle Flight 3379 on approach to the Raleigh-Durham International Airport. He was also appointed to the Plaintiffs’ Steering Committee in the MDL arising from off-label promotion of Neurontin, In re Neurontin Marketing and Sales Practices, and was elected its Chairman. In 2010, a “bellwether” case for the MDL was tried on behalf of Kaiser Foundation Health Plan, leading to a trebled jury verdict of $142 million under RICO and a $102 million judgment under the California Unfair Competition Law. Later that year, Mr. Greene won “Most Compelling Argument” at the 2010 Massachusetts Battle of the Lawyers for a reprisal of his closing argument in the Kaiser case. The Neurontin litigation continued and under Greene’s direction, the plaintiffs reversed an unfavorable decision with a groundbreaking opinion by the First Circuit that opened the door for the use of aggregate evidence to prove causation on a class basis. The Neurontin litigation was later settled by Greene and other attorneys for $325 million.
Mr. Greene received his law degree from Suffolk University Law School in 1977. He graduated cum laude from Boston College in 1974.