Product Liability and Mass Tort Litigation
For clients involved in mass tort matters, we have provided analyses of damages arising from product liability and warranty claims, allegations of fraud, negligence claims, and allegations of unfair advertising practices.
New Thinking on Product Liability
In a new analysis of product liability, Academic affiliates and leading law and economics experts A. Mitchell Polinsky and Steven Shavell have found that costs often outweigh the benefits.
On behalf of pharmaceutical companies, we have conducted many analyses following product withdrawal or issuance of FDA “black box” warnings.
We have also helped clients with financial reserving, pre-trial discovery, damages assessment, injury causation, and settlement negotiations.
Our work typically focuses on damages assessments. But we have also been called upon to help identify and support industry and technical experts on liability issues.
We are also adept at developing failure models to estimate the likelihood that a claim is attributable to alleged defects in a product. For example, we can apply “hazard models” of product failure typically used in mass tort litigation, and determine “excess risk” of product failure through application of sophisticated damages modeling.