Adam practices in product liability and toxic tort for the firm's manufacturing and technology clients, representing national and regional companies in complex consolidated and class action cases. As a trial attorney in complex mass tort product liability litigation, his significant case management experience includes:
•Obtained summary judgment for Monsanto in a first-of-its-kind “food-chain” polychlorinated biphenyl (PCB) case.
•Defended a cigarette manufacturer against a certified class of West Virginia smokers seeking medical monitoring for lung cancers and chronic obstructive pulmonary disease (COPD).
•Defended client in more than 250 related lawsuits alleging groundwater contamination arising from the historical use of perchlorate.
Adam has appeared in mass toxic tort and product liability cases in state and federal courts in numerous jurisdictions, including Alabama, Arkansas, California, Louisiana, Massachusetts, Mississippi, Montana, Oklahoma, Texas and West Virginia.
He has been extensively involved in complex mass tort and class action product liability litigation involving consumer and commercial products containing benzene, solvents, iodine uptake inhibiting compounds, dioxins, PCBs, caustics, tobacco products, creosotes and environmental contaminants such as mercury and perchlorate. He has defended manufacturers, suppliers and industrial users of these products against claims involving cancers, thyroid and endocrine-related disorders, neurological complaints, neurodevelopmental deficiencies, pulmonary and cardiovascular diseases, diabetes, fear of future diseases and medical monitoring. Adam also specializes in the legal and scientific responses to claims for medical monitoring and future medical surveillance.
Adam has played an integral part in the development of his clients' medical and scientific defenses and trial strategies relating to these issues, including the identification and development of medical and scientific expert witnesses and the effective cross examination of opposing experts. In these pursuits, Adam has effectively applied principles of toxicology, pharmacology, epidemiology, risk assessment, physiology-based pharmacokinetic modeling and biostatistics.
Awards and Recognitions
•Martindale-Hubbell AV Preeminent
•National Law Journal, “verdict of the week,” Dec. 5, 2001
•Obtained summary judgment in favor of Monsanto Co. in a three plaintiff polychlorinated biphenyl (PCB) case set for trial in July 2012. Plaintiffs alleged that they suffered from non-Hodgkin's lymphoma as a result of PCBs in their blood, which they ingested through the food chain. (Monsanto ceased manufacturing and selling nearly 40 years earlier.) After months of consideration, state judge agreed that there was no duty and that to hold Monsanto responsible would render Monsanto an insurer of its product.
•Obtained defense verdict for a Fortune 500 global provider of technology-based agricultural products in the first-ever PCB personal injury cases to be tried to verdict in Alabama. Three plaintiffs claimed that a myriad of diseases - including cardiovascular disease, neurodevelopment delays, and colon cancers and polyps - were caused by the plaintiffs' life-long exposure to PCBs emitted from client's Anniston, Ala., PCB-manufacturing facility. Before trial, the neurodevelopment claims were dismissed after plaintiffs' causation expert was precluded on Daubert grounds from offering such opinions. During trial, the same expert's testimony relating to the plaintiff claiming colon cancer was stricken after cross examination, also on Daubert grounds. Directed verdict was then granted to client on that plaintiff's claims. In the end, jury deliberated only over whether PCBs caused or contributed to a colon polyp removed from a 78-year-old woman.
•Defended a cigarette manufacturer against a certified class of West Virginia smokers seeking medical monitoring for lung cancers and chronic obstructive pulmonary disease (COPD) involving the use of low-dose helical computed tomography (CT) scans and positive electron topography in 2001. The case resulted in a defense verdict and was identified by the National Law Journal as a “verdict of the week.”
•Defended client in federal court in San Jose, Calif., in more than 250 related lawsuits, including putative class action cases, alleging groundwater contamination arising from historical use of perchlorate. Plaintiffs sought certification of a medical monitoring class, as well as actual and punitive damages for alleged property value diminution. A four-week jury trial resulted in a complete defense verdict in selected bellwether cases. All remaining cases resolved favorably for the client.
2.01.14 Eat, Drink, but Be Wary: Plaintiffs' New Attack on Chemicals in the Food Chain, DRI Toxic Torts and Environmental Law Seminar
Winter 2014 Eat, Drink, but Be Wary: Plaintiffs' New Attack on Chemicals in the Food Chain, In-House Defense Quarterly, Defense Research Institute
Food & Agribusiness Article
9.01.09 Environmental Law, Future Regulatory Policies and Law on Going Green, Annual Meeting of the Missouri Bar
1.01.04 Medical Monitoring, Defense Research Institute's Product Liability Conference
In The News
5.22.14 Law360: Husch Blackwell Partner Adam Miller Aides Monsanto in Defense Victory: PCBs Not To Blame For Cancer Cases
Food & Agribusiness Technology, Manufacturing & Transportation