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Product Liability, Tort Law and Personal Injury

Our team of nationally recognized product liability and mass tort attorneys have represented hundreds of Fortune 500 corporations, private companies and public entities in all types of complex and multiparty tort actions, including high-exposure and catastrophic injury cases involving pharmaceutical products and medical devices, automotive products, food products, asbestos-containing products, chemical products, industrial  machinery and heavy equipment, and general products.

Products manufacturers face substantial risks, and a significant part of our counsel includes helping clients develop policies and procedures, owner’s manuals and product labels that avoid or minimize the risk of litigation. When disputes arise, we serve as lead trial counsel, interact with state and federal regulatory agencies, implement and manage product recalls, coordinate multidistrict claims and serve as national coordinating and discovery counsel.

We develop a deep understanding of the science and engineering principles involved in every product we defend, utilize state-of-the-art technology to demonstrate case theory, and work with our extensive network of subject-matter experts to educate and persuade parties and juries.

Our representation spans virtually all industry sectors and liability case types including:

  • Foodborne illness
  • Nursing home and long-term care litigation
  • Personal injury defense
  • Pharmaceutical litigation
  • Toxic torts defense
  • Transportation

Read additional detail regarding these case types in Read More.

Foodborne Illness

Industries across the food supply chain face a growing number of lawsuits related to food safety. We represent food manufacturers and the food service industry in claims related to recalls, disease outbreaks and other food safety issues. Our experience includes representing some of the largest U.S. food products companies in matters related to tainted produce, beef and poultry contamination and other food safety issues. Our national footprint fosters a coordinated response, whether the matter is in response to a USDA or FDA recall or a notification from local health officials regarding localized disease outbreaks.  We work quickly to assess claims, strategize appropriately scaled response and seek quick resolution that mitigates company expense and preserves public reputation.  We have the bench strength to place experts in the field and the bench strength to defend companies when causation is evident.

Nursing Home and Long-Term Care Facilities

We have a track record of successfully representing nursing homes and long-term care facilities in all types of claims, including negligence, mistreatment/maltreatment and wrongful death. We have the experience and resources to provide defense of local claims, as well as the defense and coordination of claims for clients whose interests extend regionally and nationally.

With regard to long-term care, our experience includes:

  • Defense of lawsuits against nursing homes, assisted living facilities and geriatric-psychiatric wards of hospitals
  • Defense of claims of premises liability, neglect, mistreatment/maltreatment, negligence and wrongful death
  • Representation of long-term care facilities during investigations by state attorneys general and other regulatory bodies, including appeal of adverse findings
  • Successful defense against attempts to extend personal liability to owners, stockholders, investors and medical directors

Personal Injury Defense

We manage and defend complex, significant and serious personal injury claims on behalf of insurance companies as well as individuals and companies locally, nationally and worldwide. We take an early approach in partnership with our clients to find the most cost‑effective and efficient solution while mitigating risk. These solutions include aggressive settlement negotiations, mediation and other dispute resolution remedies that limit exposure without significant expense. We also further limit our clients’ financial risk by seeking recovery and allocation of fault against other potential tortfeasors. If a dispute cannot be resolved without trial, our experienced trial attorneys mount straightforward, aggressive, cost‑efficient and technology-assisted defense. We have the experience to defend any type of personal injury claim, and our representative experience includes, but is not limited to, claims arising out of:

  • Professional negligence
  • Toxic torts
  • Product liability
  • Premises liability
  • Intentional torts
  • Construction
  • Transportation and trucking
  • Agriculture
  • Industrial accidents
  • Automotive
  • Nursing homes
  • Recreation
  • Aviation
  • Food contamination

Pharmaceutical Litigation

We have extensive experience coordinating, managing and developing the defense of claims for pharmaceutical products and medical devices on behalf of companies across the U.S. We possess a deep understanding of the regulations imposed by the Food and Drug Administration (FDA), in addition to a complete understanding of product liability laws in various jurisdictions. Specifically, with regard to pharmaceutical and medical device representation, our experience includes:

  • National management and coordination of pharmacy malpractice claims and pharmacy product liability claims for one of the world’s largest retailers
  • Regional coordination of fen-phen claims in 12 states
  • Defense of gadolinium contrast agents in California
  • Experience defending mass torts involving pharmaceuticals, including Baycol, fen-phen, Lotronex, phenylpropanolamine (PPA) and Rezulin
  • Experience defending claims for medical devices, including operating room equipment, dental and surgical implants, intubation devices, prosthetics, dialysis systems, pedicle screws and titanium rods

As a result of these engagements, we have identified and developed defense strategies and expert opinions in pharmacology, pharmacokinetics, toxicology, oncology, histology, public health, respiratory therapy, industrial hygiene, pulmonology, pathology, human factors, safety engineering, exposure limits, regulatory history and related fields.

Toxic Torts

Fundamental to defending toxic tort cases is an understanding of the medicine and science integral to the claim. We have developed particular expertise in a wide variety of claims alleging that diseases such as Non-Hodgkin’s Lymphoma (NHL), multiple myeloma, Parkinson’s disease, mesothelioma, lung cancer and other cancers and blood disorders were caused by toxic exposure. We have defended hundreds of cases involving concepts of mutagenicity, carcinogenicity, teratogenicity, toxicology, pathology, lethal dose concentrations and threshold limit values. Our Toxic Torts Group is experienced serving as national, regional, coordinating and trial counsel in cases involving personal injuries associated with exposure to products containing benzene and other aromatic solvents, vinyl chloride, dioxins, asbestos, arsenic, carbon monoxide, mold, phenoxyherbicides, PCP and PCB.

Transportation and Trucking

We represent the transportation and trucking industry in a wide range of liability claims. We have extensive experience coordinating, managing and developing the defense of claims throughout the country, and have developed a critical understanding of the compliance regulations imposed by the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). A well-planned and carefully-prepared defense strategy is essential for any motor carrier to limit its liability and consistently reach a cost-effective litigation resolution. By conducting an immediate and thorough investigation, we are able to provide an early and cost-effective resolution when possible. Our internal resources and network of industry contacts allow us to quickly locate, document and utilize key physical evidence and witnesses. We are very familiar with the latest technology used by carriers, and we are able to incorporate this data into our case assessment and defense strategy. We provide clients with all necessary information to make prompt strategic decisions.

We also participate in programs and seminars focused on industry issues and prevention of these claims and disputes. Our attorneys are active members of the Trucking Industry Defense Association (TIDA), and present at industry conferences such as the ABA-Tips Transportation Megaconference and the TIDA annual meetings.

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