In 2009, when a world-leading medical device company issued a voluntary recall of one of its signature products, it turned to Maslon’s experienced Product Liability Group to assist in managing and defending the claims and litigation that arose out of the recall. Maslon formed a team of attorneys to quickly investigate the facts and assess the liability posed by this event. Maslon attorneys interviewed scores of witnesses, including engineers, regulatory affairs personnel, and customer service representatives; gathered thousands of documents; and analyzed the potential range of damages in individual cases.
Working closely with members of the client’s in-house legal team, Maslon formulated a comprehensive strategy to respond to the claims and litigation. Where significant claims were filed with the company, Maslon worked behind the scenes to support the company’s internal legal response. In response to litigation, and threats of it, Maslon attorneys dealt directly with plaintiffs’ counsel. They created a two-track response. On one track, Maslon implemented an early resolution program in which the parties exchanged essential information and attempted early reasonable compromise. On the other track, where early resolution was not possible, Maslon aggressively defended each individual action. Through the attorneys’ knowledge of the product and their detailed understanding of the medicine, Maslon was able to eliminate many of the claims for the client without any payment to the potential plaintiffs. Maslon successfully deterred plaintiffs’ counsel from initiating a multi-district litigation or class action lawsuit.
To date, Maslon has resolved almost all of the individual claims and civil actions arising from the product recall in a manner that has been efficient, quiet, and beneficial to the company, its reputation, and its customers.
Significant work and leadership was provided by Maslon Product Liability partners Nicole Narotzky and Larry Purdy (Of Counsel); Maslon associate attorneys Scott Aberson, Sarah Horstmann, and Joe Ceronsky; and Maslon paralegals Dwayne Bazdell, Carrie Ketterling, and Valerie Wolfe.