Kimberly S. Penner

Kimberly S. Penner, J.D., M.S., M.A.

Partner
New York City
(212) 508-0442
kpenner@phillipslytle.com
Download vCard

Ms. Penner practices in complex litigation, with a focus on life sciences and health effects, for companies such as Upjohn, Pharmacia, Pfizer, Bristol-Myer Squibb, GlaxoSmithKline and AbbVie. In addition to courtroom experience, Ms. Penner has extensive experience in managing litigation spanning multiple jurisdictions, in consolidated and multidistrict proceedings, and in class actions. Her product liability work spans pharmaceuticals, medical devices and other mechanical devices. Pharmaceuticals she has worked with include DES, Provera, anxiolytics, sleeping medication, Depo-Provera contraceptive injection, antidepressants, antiemetics, antidiabetic medications, phenylpropanolamine (PPA) and hormone replacement therapy for men and women. She has also represented medical device manufacturers of products such as the Dalkon Shield, breast implants and implantable orthopedic devices. Additional product liability cases in Ms. Penner’s background include power tools, radio-controlled cars and smoke detectors. Ms. Penner’s litigation experience extends to the appellate courts of both state and federal jurisdictions. She is also a Registered Patent Attorney.

As national counsel for Pfizer in the Depo-Provera Contraceptive Injection bone mineral density litigation, Ms. Penner led her team to five summary judgment wins in federal courts around the country, including a dismissal of a multi-plaintiff case in the Southern District of Mississippi.

Ms. Penner’s science background, including an undergraduate degree in natural sciences from Johns Hopkins University as well as master’s degrees in biochemisty and sociology, allows her to dig into and digest the basic science underlying claims of injury from pharmaceutical and medical device use. Recognizing the importance of the emerging role of genetics in pharmaceutical litigation, she is currently pursuing an advanced degree in Genomics and Individualized Medicine from Johns Hopkins.

Additional Areas of Focus

  • Life Sciences and Health Effects

Admitted to Practice

  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Patent and Trademark Office

Honors & Awards

  • Selected for the New York Metro Super Lawyers® list, 2011, 2013-2019

Education

  • Johns Hopkins University, Candidate for M.S. in Individualized Genomics and Health
  • University of Saint Joseph, M.S., Biochemistry, 2016
  • University of North Carolina School of Law, J.D., 1986
  • Johns Hopkins University, M.A., Social Relations, 1983
  • Johns Hopkins University, B.A., Natural Sciences, 1983

Professional Associations

  • New York State Bar Association
  • Defense Research Institute

Representative Cases

  • Oliver v. Pharmacia & Upjohn Co., No. 06-5737, 2008 WL 4691626 (E.D. La. Oct 22, 2008)
  • Colville v. Pharmacia & Upjohn Co., 565 F. Supp. 2d 1314 (N.D. Fla. 2008)
  • Montagnon v. Pfizer, Inc., 584 F. Supp. 2d 459 (D. Conn. 2008)
  • Lorenzi v. Pfizer, Inc., 519 F. Supp. 2d 742 (N.D. Ohio 2007)
  • Taylor v. Pharmacia-Upjohn Co., No. 4:03CV148LN, 2005 WL 3502052 (S.D. Miss. Dec 19, 2005)