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Achievements
Fresenius Medical Care
DibbsBarker provides a broad range of advice to leading renal care company, Fresenius Medical Care (FMC). The innovative business model and offerings of this multinational manufacturer and service provider have required DibbsBarker to develop an intimate knowledge of FMC’s products, services and business objectives.
Our team works with FMC in relation to its contracting, intellectual property, business acquisition, property, trade practices, workplace relations compliance and tendering requirements. We have been able to add particular value through our considerable experience in relation to Government tendering processes.
Fresenius looked to DibbsBarker to take on the conduct and ultimate resolution of significant patent proceedings involving complex factual issues and legal issues not previously determined in Australia.
ResMed Limited
DibbsBarker has enjoyed a long association with this iconic Australian medical products company in the field of sleep disordered breathing.
Over the years our team has worked with ResMed in relation to a broad range of commercial, intellectual property, trade practices, property, business acquisition, funding and compliance issues.
DibbsBarker acted for ResMed in relation to its global syndicated facility, managing the legal relationships between ResMed and its financiers in a variety of jurisdictions.
Selbourne Biological Services
DibbsBarker has been acting for the Selborne biotechnology group of companies for more than six years. With offices in UK, the US and Australia, Selborne is a leading specialist in the production of blood based products, protein fractions, custom polyclonals and other animal related products. It provides services to the pharmaceutical, biotech, diagnostic and veterinary industries. DibbsBarker has worked closely with Selborne to understand its industry and its manufacturing needs. We have provided commercial advice to assist Selborne in its negotiations with drug manufacturers, pharmaceutical companies and government. We have provided assistance with Selborne's needs in relation to commercial, licensing, intellectual property, workplace relations, trade practices, property and merger and acquisition matters. We believe we have added value to Selborne's businesses and enjoy the deepening relationship with our client in this industry.
Medical Malpractice/Disciplinary
Acted for a gynaecologist responding to allegations of having poor surgical skills and performing unnecesary operative procedures. The pracitioner was suspended from practice following a Performance Assessment and a review of that Assessment by the NSW Medical Board. We appealed against the suspension to the Medical Tribunal. Shortly before the Tribunal hearing, the Board reconsidered its decision to suspend, revoked the suspension and imposed conditions on practice for the protection of the public. We negotiated more favourable conditions and then successfully obtained an order that the Board pay the practitioner's costs of the appeal to the Tribunal;
Acted for an obstetrician, responding to a claim for failing to diagnose growth retardation in the womb, said to have led to the development of cerebral palsy, intellectual impairment and visual problems. The defence required extensive consideration of obstetric and ultrasound ante-natal practice, and complex issues of causation, life expectancy and damages for a severely disabled child as well as nervous shock claims for parents the the child's siblings. The claim settled at mediation for about one-third of full value and subsequently the Supreme Court approved the settlement in relation to the interests of the child, who was under a legal disability.
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Best Lawyers Australia 2009
Group member Andrew Saxton has been judged by his peers to be one of Australia's 6 top lawyers in the category of Medical Negligence and one of Australia's 17 top lawyers in the category of Health and Aged Care... more |
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Article: Journal of Law & Medicine - Using mediation in situations of withholding or withdrawing life - sustaining treatment: A New South Wales perspective
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Article: Sigma ordered not to release its generic antidepressant
On 3 June 2009, Justice Sundberg granted an interlocutory injunction in the latest patent stoush between a pharmaceutical innovator and a generic pharmaceutical company. The decision in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth continues the recent trend towards granting interlocutory injunctions in pharmaceutical patent cases... more |
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Article: Interlocutory Injunctions in Pharmaceutical Patent Cases
Applications for interlocutory injunctions before Australian courts are generally governed by the three well established legal principles. Arguably, in the case of a pharmaceutical patent... more |
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Article: Is there any role for health care professionals at the mediation of clinical negligence claims?
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