When a global-leading medical device manufacturer faced a voluntary recall of a key product in 2009, it turned to Maslon's experienced Tort & Product Liability attorneys. Our lawyers immediately responded to protect and defend the organization. They managed the claims and litigation that arose from the recall, quickly investigated the facts, and assessed the potential liability posed by this event. The Maslon team interviewed scores of witnesses, including design and quality engineers, manufacturing and regulatory affairs personnel, and customer service and sales representatives; gathered thousands of documents; and analyzed the potential exposure for every individual case. Maslon resolved all of the individual claims and civil actions arising from the product recall in a manner that proved efficient, quiet, and beneficial to the company, its reputation, and its customers.

Building on this successful partnership, Maslon’s team continued to serve for more than a decade as lead national counsel for the company for all product liability litigation related to its diabetes insulin pump systems and related devices, including claims management, device testing, recall counseling, and ensuring a consistent, strategic defense across the entire nationwide portfolio. Our well-coordinated attorney team successfully resolved hundreds of unfiled claims and filed litigation matters alleging injury as a result of multiple Class I and II recalls, including many successful early dispositive motions on federal preemption and other grounds along with extensive favorable pre-suit resolution based on limited exchange of preliminary information and medical records. The Maslon team gained a reputation for savvy expert strategy leading to resolution or even full dismissal of high-stakes claims.

Maslon’s proven success led the company to turn to Maslon for its other business units too, including neurostimulation devices, implantable cardioverter defibrillators, spinal hardware, and products used for minimally invasive surgical procedures, among others. Maslon attorneys also served as national counsel partnering with both large and boutique firms to defend the company in cases related to Class III intrathecal infusion systems for treatment of intractable pain and severe spasticity. The attorney team executed litigation strategy, coordinated discovery across a state and federal portfolio, conducted device testing, and managed unfiled claims and mass settlements.

Significant work on behalf of the client was provided by Maslon Tort & Product Liability Partners Keiko Sugisaka, Katie Maechler, Stephanie Laws, Joe Ceronsky, Erica Holzer, Steve Schleicher, and Terry Newby.