Product Liability

Established in Chicago in 1914, Lord, Bissell & Brook LLP is a national law firm of approximately 300 lawyers and 350 paralegals and technical support staff with offices in Atlanta, Chicago, London, Los Angeles, New York, Sacramento and Washington.

Lawyers in our Product Liability Practice Group provide comprehensive services ranging from defending product liability cases, supervising nationwide litigation, as well as counseling to avoid future claims. We are known for successfully defending nationwide class actions and winning complex product liability trials involving catastrophic injuries. Our attorneys have earned a national reputation as authorities on product liability defense. Our product liability lawyers speak at trade associations, serve as members of the Product Liability Advisory Council, and have published articles in law and manufacturers’ journals.

Our product liability trial lawyers become involved in the details of a product’s design, manufacture, distribution, marketing and labeling. We are skilled, forensic investigators with respect to the scientific, engineering and practical aspects of a client’s products and how it fits into our complex world. We are also well-versed in disease physiology and trauma biomechanics to ascertain how and why a disease, injury or death occurred.

Manufacturers and insurers frequently retain us to supervise the work of local counsel in product liability cases across the country. In addition, we have mediated, arbitrated and settled hundreds of cases at great savings to our clients and actively pursue alternative dispute resolution in complex cases. Because of our extensive experience, we can help prevent or reduce product liability claims by consulting with product designers on product quality control, document retention, and accident investigation objectives and techniques.

We draft and evaluate product instructions and owner’s manuals, warning labels, product literature, distributorship and licensing agreements, and warranty documents. We also advise manufacturers, insurance companies and industry trade associations on case management and strategy, document retention, information gathering and quality control.

We work quickly to protect your products and your reputation in a cost effective manner and to minimize the disruptions litigation can cause to your business. Our experience enables us to work with your in-house attorneys, product designers, engineers and scientists to develop defenses that take maximum advantage of your research and development and product knowledge. With a nationwide practice, we can defend you in state and federal courts, or in administrative or regulatory proceedings throughout the country. We have worked with and advised manufacturers on product recalls involving the CPSC, NHTSA, FDA, FTC, and the United States Coast Guard.

We have represented small and large manufacturers in a variety of industries, including automotive, aviation, pharmaceuticals, and industrial products to name a few. Our expertise includes the following:

Automotive

As national, regional, and local counsel for automotive manufacturers and component part suppliers, we have developed extensive experience in both the range of automotive products we have defended, and in the jurisdictions in which we have litigated and tried cases. We have handled automotive product liability cases in more than 40 states as lead counsel. We have represented automotive manufacturers and component part suppliers in cases involving numerous products and allegations of defect, including the following allegations:

Air Bag Sensors: Failure to deploy, improper deployment
Air Bag Modules: Overly-aggressive deployment, deployment-induced chemical injuries
Seat Belts: Inadvertent actuation, inertial unlatch, false latch, pretensioner; performance, retractor spool out, webbing strength
Vehicle Crashworthiness: Seat back, head rest, side impact protection (structure and air bags), hood design, occupant impact with vehicle interior
Vehicle Rollover: Vehicle instability, roof strength, crashworthiness of vehicle interior
Door Latch
Acceleration and Braking Systems
Steering Gears
Window Glazing
Tires/Wheels
Location and Design of Fuel Tanks
Tractor-trailers: Rear bumper underride, trailer conspicuity, design of gasoline trailer
Buses: Braking, crashworthiness
Police/Fleet Vehicles

The breadth of our automotive product knowledge and experience enables us to:

Quickly understand the design of your products and the defect allegations involved in your case;
Partner with your in-house attorneys and engineers to develop a successful defense strategy;
Retain and work with highly respected, experienced, and effective outside experts in product design and performance, bio-mechanics, accident reconstruction, life-care planning, and economics to support your defense; and,
Prepare informative and accessible presentations to enable judges and juries to quickly and easily understand the critical issues in your case.

NHTSA Experience We also have considerable experience advising suppliers and manufacturers in the automotive industry relating to the NHTSA and a wide range of compliance issues. Specific engagements include:

We serve as national trial counsel for a Tier I automotive supplier providing litigation, loss prevention and regulatory compliance services. As part of this representation, we work with in-house engineers regarding compliance with OEM and NHTSA guidelines, handle discovery and evidentiary issues relating to client and independent test lab testing, and formulate litigation strategies that may result from supplier compliance with OEM and NHTSA specifications.
We have represented a Tier I and Tier II supplier with respect to communications with NHTSA. Specifically we have participated in responding to NHTSA information requests and engineering analyses. In that regard we have coordinated collection of responsive documents, gathered information and data, and drafted the formal response to NHTSA. We have also drafted the requests to NHTSA seeking confidentiality for the documents produced. We have counseled clients with respect to various NHTSA issues including recalls, confidentiality, and scope of authority.
We counseled a South African-based seat belt supplier relative to a potential recall of one of its products. In this engagement, we reviewed the client’s internal documents and testing, advised them regarding litigation and regulatory compliance issues and guided them through the recall process with the NHTSA.
On a day-to-day basis for more than 25 years, we have represented OEMs and major automotive suppliers in product liability litigation nationwide. As part of that representation, we have dealt with virtually every aspect of NHTSA and the FMVSS standards applicable to the automotive industry, including but not limited to FMVSS 208, 209, 210, 214 and 301.

Automotive Commercial Disputes As a result of our vast automotive experience, we also counsel clients in the automotive industry with respect to commercial issues and contractual disputes. Specifically, we have assisted Tier I and Tier II suppliers by participating in numerous root cause analyses. As part of this work, we have reviewed engineering documents, gathered information, conducted employee interviews and assisted in the preparation of responses/positions. In other words, we assisted in putting our client in the best possible negotiating position with respect to a claimed product defect. This work has involved both North American and European manufacturers.

We have also represented manufacturers with respect to various pricing disputes on a variety of purchase orders and are familiar with automotive contracts terms and conditions. We have provided both preventative counseling and advice in anticipation of potential litigation.

Aviation/Marine

Lord, Bissell & Brook LLP was founded by admiralty attorney John S. Lord, and marine matters have always been on the firm’s docket. We have defended the marine and aviation industries as well as their insurers on a variety of products. In recent years we have handled cases involving major international airline accidents, vessel losses and damage, personal injury and death, and cargo loss and/or damage. The cases include multi-district international litigation, mass tort litigation, and class actions. In addition to matters involved in active litigation, we are often called upon to evaluate claims, supervise local counsel throughout the world, and negotiate the resolution of claims. In addition, we offer a dedicated appeals team for U.S. product liability cases.

Our attorneys have “hands on” experience which includes time spent on board seagoing vessels, offshore oil platforms, marine terminals and ship repair facilities. Our attorneys include experienced pilots, aerospace engineers, mariners, and licensed vessel officers. Our attorneys have experience in a wide variety of technical matters, including: airline operations, vessel operations, fixed wing and rotary wing aircraft, reciprocating and small turbine aircraft engines, ship propulsion and refrigeration systems, industrial aid operators, FAR Part 135 operations, flight schools, agricultural/firefighting operations, deicing compounds, marine environment paints and epoxies, blimp flight control systems. Our attorneys are also knowledgeable regarding structural components in various aircrafts and vessels including skins and frames, fuselage, instrument panels, autopilot components, navigation systems, vessel electronics, nose landing gear, antenna and radar systems, wheel assemblies, lateral control surface PCUs and actuator, and rudder power control units.

Our experience and background enables us to work with in-house counsel, product designers and engineers to develop defenses that take maximum advantage of your research, development and product knowledge. We are equipped to aggressively defend product liability claims in all jurisdictions. Our experience includes:

Product integrity review
Product liability training
Accident investigation
Post occurrence investigation of potential design defects and construction flaws
Contract interpretation
Drafting and evaluation of product literature
Product recalls
Representation before National Transportation Safety Board and other agency investigations and public hearings

Due to our extensive experience, we can help prevent or reduce product liability claims. We consult with product designers on product quality control, document retention and accident investigation objectives and techniques. We draft and evaluate instruction and owner’s manuals, warning labels, product literature, distributorship and licensing agreements and warranty documents. We also advise manufacturers, insurance companies and industry trade associations on document retention, information gathering and quality control. In particular, we are national counsel for two aircraft manufacturers for which we provide product integrity and loss prevention seminars.

Our lawyers have defended product manufacturers at all levels of the U.S. legal system and internationally. With offices strategically located across the United States and in London, we can service our clients’ needs throughout the Americas, whether in North America through our various offices, or in Latin America and the Caribbean through our comprehensive international network of correspondents and contacts. Our London office permits us to provide all the services that previously required instructing multiple firms, thereby significantly improving cost-effectiveness and streamlining the entire process. The firm’s London office is often used to support litigation and arbitrations pending in the United States, Europe and elsewhere.

Lord Bissell has attorneys serving as members of the National Business Aviation Association, the National Air Transport Association and as legal counsel to the Equipment Manufacturers’ Institute.

Drug & Medical Device

Lord, Bissell & Brook attorneys are routinely called upon to represent the interests of pharmaceutical and medical device companies in product liability matters through mediation, arbitration, trial and appeal. We have experience with a range of areas, including patented and generic drugs, medical devices and equipment, surgical instruments, surgical scrubs and chemicals, durable medical equipment, neuromodulation technology and implantable microelectronics, and virtually all forensic neurosciences. In addition to litigation matters, our attorneys also are intimately familiar with the regulations and amendments to such legislation as the Federal Food, Drug, and Cosmetic Act. We have been active in advising a variety of clients on the classification, listing, and regulation of devices before the FDA. Our attorneys also have substantial experience in handling corporate compliance matters and investigations focused on the healthcare arena, particularly with regard to pharmaceutical and medical device matters.

Attorneys at the firm have handled, or are currently handling, the following matters:

Represented a defibrillator manufacturer in several product liability matters filed in Illinois. The client was dismissed from each of the matters.
Represented a manufacturer of heparin in a case involving heparin-induced thrombocytopenia resulting in catastrophic injuries.
Represented a manufacturer and its supplier of tuberculosis test equipment in a matter involving a brain damaged minor alleging non-diagnosis for TB. The firm obtained a defense verdict after a three-week jury trial.
Lead national and trial counsel for implanted cardiac pacing wires manufacturer in over 400 putative class actions and other claims that were filed in the United States and consolidated for pre-trial purposes in multidistrict litigation. Case alleged defective product, medical monitoring and related claims. Responsible for all aspects of the defense of the Australian parent including alter ego and related veil piercing claims. Tried case to successful summary jury trial verdict in district court in Cincinnati. Limited fund, class action certification decisions handled before the 6th and 9th Circuits.
Defended companies in FDA investigations and recalls relating to implanted cardiac pacing wires.
Defended related pacing wire litigation in France, Indonesia, Japan and Australia and associated regulatory proceedings.
National and trial counsel in consolidated multidistrict litigation involving defective product claims associated with allergic reactions and other alleged injuries associated with latex gloves and related items.
Represented a major U.S. pharmaceutical company in numerous product liability cases, one of which involved claims against a self-administering morphine pump for surgical patients.
National counsel for one of the country’s largest pharmaceutical companies involving such products as intravenous solutions and DES.
Regional counsel for one of the country’s largest consumer product companies related to tampon-related toxic-shock syndrome.
Defended the design of implanted spinal cord stimulation devices.
Represented manufacturer in surgical povidone-iodine cases.
Represented and successfully defended claims involving surgical instruments.
Advised on the format and placement of instructions and warnings for an intra-ochlear device.

Industrial Products

Due to our vast product liability experience, our attorneys are often called upon to represent the interests of manufacturers and distributors of industrial machinery, equipment, instruments, tools and devices, ranging from small tools to complex industrial machinery systems. Products include construction tools, vehicles and products, such as construction cranes, mass excavators, backhoes, trench and drilling machines, tractors, lifts, scaffolding, trench shoring materials, nail guns and hand tools of any kind. Further, we have attorneys who have worked on construction sites, providing a unique perspective and expertise. We also have experience defending a wide range of industrial manufacturing products found in the food, automotive and textile industries, such as conveyor and assembly line systems, hand-held and free standing power tools such as saws, drills, press brakes, punch presses, plastic injection molding machines, wire rope, complex machine tools, milling machines, paper processing machines, and paper recycling machines.

Toxic Tort

Lord, Bissell & Brook was extensively involved in assessing and litigating toxic tort matters well before the term "toxic tort" came into widespread use to describe these matters. From the earliest days of litigating claims involving alleged exposure to diethylstilbestrol (DES) and asbestos to current trends encompassing alleged exposures to silica, benzene and other petroleum components, and solvents such as perchloroethylene, our attorneys have been and continue to be involved in handling a wide range of toxic tort matters. We were involved in many of the seminal decisions concerning the issues that today surface routinely in toxic tort cases. The unique combination of our product liability, toxic tort, consumer product and commercial class action expertise—coupled with our front line trial experience and acknowledged leadership in the insurance and reinsurance fields—sets Lord, Bissell apart. We defend clients in Proposition 65, mold, acrylamide, silica, vinyl chloride, welding rod, benzene and other complex and emerging claims because of our vast knowledge of both the products themselves and the litigation trends.

Film Industry Chemicals We represented the interests of the largest film development laboratory in the country in this $5.3 billion bet-the-company litigation venued in Los Angeles. The case was filed by prominent plaintiffs' lawyers including one that gained significant media exposure as a result of his prior involvement in similar litigation thereafter immortalized in the Erin Brockovich film. The suit, brought by more than 80 past and then-current employees of the film lab, claimed that the workers were intentionally exposed to numerous chemicals utilized in film processing such as perchloroethylene, benzene, etc., and that the workers were injured and/or died as a result. A team of fifteen Lord, Bissell lawyers worked to vigorously defend the laboratory for three years, ultimately reaching a very favorable settlement from the standpoint of the film laboratory.

(CA) Proposition 65 This statute, which was adopted under the voter initiative procedure, requires a written warning on anything that contains a substance that is on the governor’s list of agents “known by the state” to cause cancer or reproductive harm. The statutory scheme has been criticized by many as leading to ubiquitous warnings, but perhaps doing little to advance legitimate public health concerns. A bounty hunter provision allows the firm who brings such an action to recover attorney’s fees. Attorneys in our Los Angeles office have handled a significant number of these cases concerning a wide range of diverse substances including acrylamide, perchloroethyelene, and tobacco smoke. We have dealt with many of the most prominent plaintiff’s groups that pursue Proposition 65 litigation and are “go to” attorneys for these types of claims.

Mold We have a team of lawyers who devote a large part of their practice to mold litigation. They track jury verdicts, settlements and class certifications in mold cases and monitor state mold legislation. They keep abreast of not only judicial opinions which address the issue of a connection between indoor mold and bodily injury but they also maintain a consulting relationship with two renowned scientists for the purpose of monitoring the scientific and medical research regarding mold claims. Their expertise, combined with our proven track record in consumer class actions, construction and product liability knowledge create a perfect marriage of skills which could be of great assistance to any organization confronted with allegations of mold exposure.

Asbestos Initially we were involved in the evaluation of asbestos liabilities on behalf of a variety of domestic and foreign clients. In this capacity we audited assureds, TPAs and other entities in connection with their asbestos claims, claims handling procedures and reserves. Beginning in the 1980’s we became heavily involved in asbestos coverage litigation. We also represent clients in private arbitrations and mediations over asbestos related issues before distinguished neutrals around the country. Our proficiency in this area extends into the bankruptcy field where many companies are driven by the sheer volume and growth of these claims.

We have many experienced lawyers who have devoted their professional careers to asbestos claims and litigation -- as trial counsel, national coordinating counsel and as local counsel. Some of our lawyers have over twenty years of experience in the asbestos litigation field. In addition, we enjoy the assistance of a capable bankruptcy department where needed.

Silica We act as national coordinating counsel for an international supplier of specialty minerals in hundreds of silicosis cases involving over 12,000 claimants across the United States. We have developed the technical defenses for these cases and have selected and prepared the company and outside expert witnesses who will present the defense case. We have systemized the company’s responses to discovery requests and work closely with local defense counsel in defending the cases.

Vinyl Chloride We were hired by the largest consumer product manufacturer in the country to represent them in over a dozen vinyl chloride aerosol exposure cases which were recently refiled in Cook County. We took the lead in seeking dismissal on product identification grounds and played a major part in shaping the strategy in aggressively pursuing and obtaining dismissals based on forum non conveniens.

Benzene We were recently hired by a manufacturer of laboratory cleaning products to represent them in 30 cases involving benzene exposure filed in Madison County, Illinois. We have already successfully moved to dismiss 27 of those cases based on insufficient product identification. In addition, we are currently acting as defense counsel for corporate clients defending allegations of benzene exposure in several California counties.

In summary, we can assemble a top team to address toxic tort and emerging claim-related issues affecting our clients. We are current on all aspects of the law, strategy and science. We can provide secure extra-net access to individual case files where needed. We are capable of handling a matter in any jurisdiction in the country and at any level. We can and do provide national coordination, hands-on litigation, local counsel supervision and counseling for corporate direction and control.

National Coordinating Counsel

At Lord, Bissell & Brook, as with any large law firm, size and experience alone do not make the difference. The key to providing value-added service is efficiently bringing the right people and resources to bear on the key issues. As your national council, we become intimately involved with all aspects of your product. Our product liability experience enables us to quickly protect your interests and assess the product design, documents and witnesses. Due to our national coordinating counsel experience, we have the ability to efficiently and effectively coordinate discovery, retain experts and develop case strategies with you.

We have developed synergistic, long-standing relationships with local firms in every area of the country through decades of serving as national coordinating counsel for several domestic and international clients. Nationally consistent positions and strategies are essential to effective business and litigation management. It is our experience, as well, that hiring the best available counsel in each forum is instrumental to success.

The following is a representative list of matters for which Lord, Bissell & Brook acted as national coordinating counsel:

National coordinating counsel for one of the ten largest automotive suppliers in the world for their product liability work for approximately 8 years. In that role, we directed all aspects of the litigation, as well as retained local counsel, took all key depositions, retained and produced all experts for deposition, prepared discovery responses and all significant pleadings, participated in mediations and arbitrations, conducted mock juries, and tried their cases. We participated in key decisions in defending the cases and also provided counseling on product liability issues not in litigation.
National litigation coordination counsel for the American distribution arm of an international automobile manufacturer in multi-district class action antitrust litigation with related state actions. We have directed local counsel in the state actions while also working with a large joint defense group.
National counsel for the world’s largest automotive corporation and full-line vehicle manufacturer in both their seat back and X-car brake litigation. We also were one of 5 regional counsel for their unwanted acceleration litigation, responsible for handling a region of the United States.
National counsel for a global, broad-based health care company in their DES litigation.
National counsel for an international industrial equipment manufacturer for its litigation involving R0PS (rollover protective structures) related to its tractors. This involved similar work coordinating discovery and lead counsel case handling.
National counsel for the world’s leading vegetation management company in which the firm supervised local counsel, coordinated all discovery, and directed case handling/strategy for all its cases.
National coordinating counsel for a defunct raw asbestos fiber supplier for claims pending in various jurisdictions in the U.S., in which the Lord, Bissell & Brook developed, implemented and executed a nationwide defense strategy. It is an aggressive defense strategy that has resulted in 7 out of 8 successful verdicts and reduced the cash flow by approximately 40% of what had been projected before our involvement 4 years ago.
Lead national and trial counsel to an international manufacturing and marketing company and an international cardiac pacemaker manufacturer in over 400 putative class actions and other claims in the United States which were consolidated for pre-trial purposes in multidistrict litigation. Case alleged defective product, medical monitoring and related claims based on failures of implanted cardiac pacing wires. Responsible for all aspects of the defense of the Australian parent including alter ego and related veil piercing claims. Tried case to successful summary jury trial verdict in district court in Cincinnati. Limited fund, class action certification decisions handled before the 6th and 9th Circuits.
National and trial counsel to a multinational health care equipment and services company in consolidated multidistrict litigation involving defective product claims associated with allergic reactions and other alleged injuries associated with latex gloves and related items.
Regional counsel for a multinational consumer product manufacturer in product liability litigation involving tampon-related toxic-shock syndrome.
National coordinating counsel for a large mining company for their silicosis litigation throughout the country. We coordinate company witness selection and preparation, prepare discovery responses, supervise scientific research and direct case handling/strategy for all cases.
National coordinating counsel for a Tier I automotive supplier for their product liability work. We direct all technical aspects of the litigation, as well as participate in the retention and production of experts, and prepare discovery responses and other significant pleadings. We participate in key decisions and strategy in defending the cases. We also provide counseling on product liability issues not in litigation and participate in internal investigations.