Vigorously protecting our clients interests
Foley Hoag's Product Liability & Complex Tort Practice Group is highly experienced in helping to establish preventative measures and vigorously defending all types of personal injury, property damage and economic loss claims.
We have defended product liability cases in trial and appellate courts throughout the country. These matters included:
- A wide array of products, including drugs and medical devices, consumer products, industrial products
- Toxic tort
- Genetics
- Premises liability
- Privacy
- Commercial warranty and similar matters
Our cases include individual claims, as well as mass torts aggregated through multi-district litigation, class actions and other means. These cases typically involve serious personal injury or death. Our clients range from Fortune 100 companies to small- and medium-sized manufacturers and distributors. Our lawyers are graduates of top law schools, who have extensive experience and are active in the defense bar.
Our approach to your defense
At all times during a case, we work closely with our client to identify and achieve their goals. This is our client’s case, so we plan litigation tasks with our client, seek client input on court filings and keep our client continuously apprised of the progress of the action. We also work closely with our client to control litigation costs.
Typically, we make an early case assessment so that we can determine the most cost-effective strategy. Then we develop a detailed litigation plan and budget reflecting our agreed-upon strategy; and we monitor our compliance with this plan on an ongoing basis. When appropriate, we use alternative dispute resolution techniques, such as mediation and arbitration to resolve our client's case.
The core of our practice is the defense of serious product liability cases. Here, a thorough understanding of the client's product is perhaps the single most important factor in a successful defense. Such understanding is vital to persuading a jury that our client acted responsibly in designing, manufacturing and warning about its product. We work closely with our client’s personnel and outside experts to gain a detailed understanding of the product.
For example, specific industry standards or practices, as well as federal and state regulatory requirements, frequently affect a manufacturer's liability. From past matters, our lawyers have extensive experience with a wide variety of industries; and we understand how important this can be to the success of your case.
Ultimately, clear, accurate and forceful communication with the court and jury are vital to our defense effort. Our lawyers take particular pride in conveying technical matters to lay audiences in simple and understandable, yet technically accurate, terms.
Our lawyers' skills and resources
Foley Hoag's greatest resources are the skill and experience of its many lawyers and supporting professionals. Our lawyers are graduates of top-quality colleges and law schools; and they have extensive experience in the trial and appeal of product liability and other complex tort matters. On behalf of our clients, we are creative in crafting strategies and arguments tailored to the needs of their particular case.
Our lawyers are active in numerous defense bar groups, such as the Defense Research Institute, including its Product Liability Committee and Drug and Medical Device Committee; and the Product Liability Advisory Council, as well as more general national, state and local bar associations. We also monitor the activity of plaintiff's bar groups.
Because of our in-depth knowledge of this area of the law, our lawyers regularly publish and speak in the fields of product liability defense and other complex litigation. To keep our clients informed, as well, we publish quarterly Product Liability Updates advising our readers of the latest developments in the field.
Members of our firm's Intellectual Property Practice Group provide us with substantial in-house technical expertise. To help our clients with their technical matters, we employ a large number of professionals with degrees in such fields as medicine, electrical and mechanical engineering, physics, chemistry, biology, biochemistry and molecular biology. Many of these professionals have been on the faculty of prestigious research institutions. Our extensive contacts in the medical, scientific and technical communities also serve as a rich source for outside expert consultants.
Foley Hoag lawyers also support their clients with the resources of the information age. Our lawyers are proficient in the use of the Internet and other computerized databases, both legal and technical. For example, we subscribe to various expert witness information and transcript services. We use litigation-support software to manage voluminous depositions or documents. And we have an extensive database of forms and briefs from past matters to facilitate the cost-effective preparation of our clients’ necessary documents.
Finally, Foley Hoag is a member of Lex Mundi, an international network of independent law firms. This membership gives us prompt access to experienced counsel throughout the United States and the world. These extraordinary contacts can serve as local counsel, help conduct out-of-state discovery and consult on legal issues.
Representative Clients
A representative sample of our product liability and complex tort clients includes the following:
American Red Cross
AMTROL, Inc.
BASF Corporation
Becton Dickinson and Company
Brown & Williamson Tobacco Corporation
Corning Incorporated
C. R. Bard, Inc.
Elf Atochem North America, Inc.
Eli Lilly and Company
General Dynamics Corporation
Genzyme Corporation
Hoffmann-La Roche Inc.
HPM Corporation
Ingersoll-Rand Company
Lear-Siegler Diversified
Mylan Pharmaceuticals, Inc.
The Nissan Fire & Marine Insurance Co., Ltd.
Novartis Pharmaceuticals Corporation
Pfizer, Inc.
Pizza Hut, Inc.
Sanofi Winthrop, Inc.
Schering-Plough Corporation
Sherwin-Williams Company
Smith & Wesson Corp.
Southworth Products Corporation
Warner-Lambert Company
Representative Experience
Foley Hoag has a proven record of success in the trial, appeal and other resolution of difficult product liability and complex tort cases in federal and state courts throughout the country. Many of our cases involve complex legal or factual questions, such as whether the plaintiff has reliable scientific proof of the cause of his injury or whether a federal regulatory scheme preempts the plaintiff's claims. The following is a brief overview of some of the matters that we have successfully handled or are currently defending:
Drug and Medical Devices
- Acting as regional counsel for a major pharmaceutical manufacturer in federal and state court lawsuits in a number of states alleging cancer, infertility, and other female reproductive tract injuries from our client's prescription anti-miscarriage drug.
- Currently represent a major pharmaceutical manufacturer in a Massachusetts state court class action alleging breach of privacy from prescription compliance mailings sent by a major pharmacy chain.
- Represented two major pharmaceutical manufacturers in Massachusetts state and federal court, individual and class actions, alleging that children suffered autism and other mental impairment from pediatric vaccines. We obtained the dismissal or stay of all of these claims.
- Acted as counsel to a major pharmaceutical manufacturer in a Massachusetts state court lawsuit alleging that a patient suffered a severe skin disorder, progressive paralysis and eventual death from our client's prescription anti-inflammatory drug. We prevailed at a jury trial.
- Represented a major medical device manufacturer in a Rhode Island state court toxic tort action alleging that gaseous emissions from the client's plant caused a neighbor to suffer lung cancer. We obtained summary judgment, which was upheld by the Rhode Island Supreme Court.
- Retained by a major pharmaceutical manufacturer to appeal to the Rhode Island Supreme Court a multi-million dollar compensatory and punitive damages verdict in an action alleging that plaintiffs suffered birth defects from our client's anti-convulsant medication. After briefing, we achieved a favorable settlement.
- Represented two major genetic testing laboratories in Massachusetts state court actions alleging the wrongful birth of children with severe genetic disorders due to negligent pre-natal testing. We obtained favorable settlements in these cases.
- Advised a major pharmaceutical manufacturer in a Massachusetts federal court lawsuit alleging that a young child suffered a severe skin disease and became blind and hearing-impaired as a result of our client's prescription antibiotic medication. We obtained summary judgment for our client, which was upheld by the First Circuit Court of Appeals.
- Represented a national blood bank in a Massachusetts state court action alleging that a patient contracted AIDS as a result of an HIV-tainted transfusion. We obtained a successful settlement.
- Advised a major pharmaceutical manufacturer in a Rhode Island federal court action alleging that a patient suffered a serious blood disorder and ultimately died of an infection due to our client's anti-inflammatory prescription medication. At the conclusion of the trial, we obtained a favorable settlement.
- Represented a major medical products manufacturer in numerous Massachusetts state and federal court actions alleging that healthcare providers or patients suffered disabling allergies or asthma from the use of natural rubber latex gloves. Most of the cases were consolidated as part of a federal multi-district litigation. We obtained a dismissal in all cases.
Consumer Products
- Represented a major cigarette manufacturer in the Massachusetts attorney general's lawsuit seeking to recover approximately $7 billion in alleged smoking-related Medicaid costs. Shortly after we succeeded in eliminating the plaintiff's claim for multiple damages and attorneys' fees, the parties reached a favorable settlement.
- Acted as counsel to a major healthcare and consumer products manufacturer in a Massachusetts federal court lawsuit alleging that a firefighter suffered severe burn injuries from our client's insulated plastic gloves. At trial, we successfully limited plaintiff's recovery to a nominal sum.
- Represented a major manufacturer of plumbing and heating equipment in a Massachusetts state court class action alleging various defects in one of the client's products. We obtained a favorable settlement.
- Advised a major heating and air conditioning equipment manufacturer in a Massachusetts state court action alleging that a graduate school professor suffered permanent brain damage from carbon monoxide emissions from the client's residential heating equipment. We obtained a favorable settlement.
- Represented a major firearms and ammunition manufacturer in a Massachusetts state court action alleging that an ammunition cartridge's spontaneous detonation caused a police officer to suffer post traumatic stress disorder. We obtained a favorable settlement.
- Represented a major cigarette manufacturer in a Massachusetts federal court class action on behalf of a class of union welfare funds to recover the alleged costs of treating tobacco-related illnesses. We have also represented the client in approximately sixty other Massachusetts state and federal court individual and class actions. We have obtained a dismissal in all cases resolved to date.
- Acted as counsel for several firearm manufacturers in the City of Boston's state court action seeking to recover hundreds of millions of dollars in costs allegedly stemming from the criminal acquisition and use of handguns. We obtained dismissal of the claims.
Industrial Products
- Currently act as national counsel for a major valve manufacturer in asbestos litigation involving thousands of claimants in multiple states.
- Represent a major chemical manufacturer in a Massachusetts federal court action alleging occupational asthma and permanent lung damage from the client's automotive paint products.
- Acted as national product liability counsel for a major manufacturer of industrial materials handling equipment. We have supervised and conducted the company's defense in a variety of state and federal courts throughout the country, including California, New York, Illinois, Pennsylvania, Virginia, Alabama and Washington, D.C. We also regularly counsel the client about reducing product liability risks.
- Represented a major national restaurant chain in a Mississippi federal court lawsuit alleging premises liability because a young boy was fatally electrocuted by a hand dryer in the bathroom of a franchisee-operated restaurant. Our client was released without payment in the resulting settlement.
- Advised a major industrial equipment manufacturer in a Massachusetts state court action alleging that a worker suffered an amputation while using our client's well-drilling equipment. We prevailed at trial.
- Represented a major chemical manufacturer in a Massachusetts state court action alleging that a fire caused by our client's paint-stripping compound destroyed a business. We prevailed at trial, and the verdict was upheld on appeal.
- Acted as counsel to a major plastics equipment manufacturer in a Massachusetts federal court action alleging that a worker suffered an amputation due to a sudden mechanical failure of our client's plastic molding press. Near the conclusion of the trial, we obtained a favorable settlement.
- Represented another major plastics equipment manufacturer in a Massachusetts federal court action alleging that a plastic sheet molding line, manufactured by our client but modified by others, caused a severe degloving injury to a worker's arm. We obtained a favorable settlement.
Claim Prevention, Regulatory Compliance and Tort Reform
In addition to our trial and appellate defense work, Foley Hoag has a significant practice preventing product liability claims. On behalf of our clients, we conduct product safety audits, during which we review the design and manufacture of, and warnings and instructions for, our client's products. We also review prior claims or incidents involving our client’s products and relevant industry or government standards. We then suggest appropriate steps to reduce the client's potential liability.
As part of our claim prevention practice, we also advise clients about reporting obligations, product recalls and related issues under federal statutes, such as the Consumer Product Safety Act and the laws of the various states.
Foley Hoag is also active in seeking reforms that will make tort law fairer for our business clients. With the assistance of our Government Strategies Practice Group, we monitor state and federal legislative developments in the field. Our lawyers also serve on legislative task forces, file friend-of-the-court briefs and comment on existing and proposed rules of court for such organizations as the Product Liability Advisory Council and the Massachusetts Medical Device Industry Council.
Links
Agencies: Commonwealth of Massachusetts Home Page
http://www.mass.gov/
Agencies: U.S. Consumer Product Safety Commission
http://cpsc.gov/
Agencies: U.S. Food and Drug Administration
http://www.fda.gov/
Agencies: U.S. Federal Trade Commission for the Consumer
http://www.ftc.gov/
Agencies: U.S. Securities and Exchange Commission
http://www.sec.gov/
Agencies: U.S. Dept. of Labor Occupational Safety & Health Admin.
http://www.osha.gov/
Agencies: Centers for Disease Control & Prevention
http://www.cdc.gov/niosh/homepage.html
Courts: Supreme Court of the United States
http://www.supremecourtus.gov/
Courts: U.S. Courts 1st Circuit
http://www.uscourts.gov/allinks.html#1st
Courts: U.S. District Court - District of Massachusetts
http://www.mad.uscourts.gov/default2.html
Courts: Judicial Panel on Multi-district Litigation
http://www.jpml.uscourts.gov/
Courts: Supreme Judicial Court of Massachusetts
http://www.state.ma.us/courts/courtsandjudges/courts/supremejudicialcourt/
Courts: Appeals Court of Massachusetts
http://www.state.ma.us/courts/courtsandjudges/courts/appealscourt/
Legislatures: U.S. House of Representatives
http://www.house.gov/
Legislatures: U.S. Senate
http://www.senate.gov/
Legislatures: U.S. THOMAS Legislative Information on the Internet
http://thomas.loc.gov/
Legislatures: Massachusetts Legislature
http://www.state.ma.us/legis/legis.htm
Legal Research: Findlaw
http://www.findlaw.com/
Legal Research: Cornell Legal Information Institute
http://www.law.cornell.edu/
Legal Research: Code of Federal Regulations
http://www.access.gpo.gov/nara/cfr/
Bar Groups: American Bar Association
http://www.abanet.org/
Bar Groups: Massachusetts Bar Association
http://www.massbar.org/
Bar Groups: Boston Bar Association
http://www.bostonbar.org/
Bar Groups: Association of Trial Lawyers of America
http://www.atlanet.org/
Bar Groups: DRI - The Voice of the Defense Bar
http://www.dri.org/
Lawyers: Martindale Hubbell
http://www.martindale.com/xp/Martindale/home.xml
Lawyers: Massachusetts Board of Bar Overseers
http://www.state.ma.us/obcbbo/
Med. Research: Entrez PubMed
http://www.ncbi.nlm.nih.gov/PubMed/
Med. Research: ToxNet
http://www.toxnet.nlm.nih.gov/
MDs: Massachusetts Board of Registration
http://www.massmedboard.org/
MDs: State Administrators in Medicine
http://www.docboard.org/
MDs: American Board of Medical Specialties
http://www.abms.org/
Hospitals: Massachusetts General Hospital
http://www.mgh.harvard.edu/
Hospitals: Brigham & Women's Hospital
http://www.brighamandwomens.org/
Hospitals: New England Medical Center
http://www.nemc.org/home/
Hospitals: Johns Hopkins Hospital & Health System
http://www.hopkinsmedicine.org/hopkinshospital/
Hospitals: Boston Medical Center
http://www.bmc.org/
Hospitals: Duke University Medical Center
http://www.mc.duke.edu/index3.htm
Hospitals: Children's Hospital Boston
http://www.childrenshospital.org/
Med. Schools: Harvard Medical School
http://www.hms.harvard.edu/
Med. Schools: Yale University School of Medicine
http://info.med.yale.edu/ysm/
Med. Schools: Boston University Medical Campus
http://www.bumc.bu.edu/
Med. Schools: Tufts School of Medicine
http://www.tufts.edu/med/
Med. Schools: Duke University School of Medicine
http://www.mc.duke.edu/index3.htm
Businesses: Yahoo! Finance
http://finance.yahoo.com/
Standards: American National Standards Institute
http://www.ansi.org/