Protecting our clients interests
National Practice
At Foley Hoag, we have a long history of successfully defending companies against product liability and other complex tort claims, including unfair and deceptive practice, genetic misdiagnosis, breach of privacy, toxic tort and premises liability claims. We have served as national and regional counsel as well as counsel in individual lawsuits, and many of the claims we defend are class actions, aggregated government claims or other mass torts.
Our practice is national in scope, and we have defended claims in the majority of states. The industry base of our practice is equally broad, covering pharmaceuticals and medical devices [1], industrial products [2] and consumer products [3], as described further below.
Highly-Qualified Lawyers and Technical Support Staff
Our lawyers are graduates of top law schools, many of whom were also selected to serve judicial clerkships. A number of our lawyers have been recognized for superior achievement through such publications as Best Lawyers in America and Chambers USA: The Client’s Guide.
Based on our many years of experience, we have deep industry knowledge, including in the pharmaceutical and medical device fields. We are active in national defense bar groups such as the Product Liability Advisory Council and Defense Research Institute.
In addition to our lawyers, we have an in-house staff of physicians, scientists and engineers to provide sophisticated technical support. We also have extensive contacts with leading outside experts, both at our excellent local academic institutions and across the country.
Creative Strategies Produce Excellent Results and Excellent Value
We do not take a “cookie-cutter” approach to your case. We devise case-specific strategies to achieve your goals, whether they relate to result, cost or otherwise. As described elsewhere in these pages, we achieve excellent results.
In today’s business world, we know that you need to deliver excellent value to your customers. To help you in that quest, we deliver excellent value to you, both through traditional and alternative fee arrangements.
Supporting Civil Justice Reform
We do not stop at seeking justice for you in the individual case. Rather, we seek to create a legal system in which fair and sensible liability rules are applied through a fair and sensible litigation process. To that end, we are active in the civil justice reform efforts of organizations such as the Product Liability Advisory Council, Defense Research Institute and Lawyers for Civil Justice.
Claim Prevention and Regulatory Compliance
We also provide claim prevention and regulatory compliance services. We can help with safety audits to review your products’ design, manufacturing, warnings and other literature. We can also advise about your obligations under federal statutes such as the Consumer Product Safety Act and under state law.
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.
