In the past 50 years, the Products Liability Practice Group in the Litigation Department of Dinsmore, has represented scores of manufacturers in cases filed in various state and federal courts throughout the United States. Included in the group are individuals who are trained in medicine, nursing, pharmacy, x-ray technology, toxicology and engineering.
Over the years, the Firm has represented manufacturers of a wide variety of products in a myriad of markets. These have included products in the following sectors:
Automobiles, tires, safety appliances, brakes, seatbelts, airbags and child restraints
Bendectin, DES, Thalidomide, Accutane, Phentermine, Parlodel, Phenylpropanolamine, Oxycontin and Pyridostigmine Bromide
Household Products and Appliances
Detergents, hair care products, fabric softeners, home appliances, power tools, mowers, grills, lawn chairs, wheelbarrows, electrical line hose, cribs, baby monitors and disposable diapers
Airplanes and helicopters, firearms, fire suppression systems, fuel dispensing systems, logic automated machinery and robotics, machine tools, nozzles, breakaways and cutoffs and power presses
Blood and blood products, bone screws, breast implants, food supplements such as L-tryptophan and ephedra, neutraceuticals, orthopedic implants, over-the-counter cough, cold and sleep aid medications, pacemakers, pacemaker leads, penile implants, silicone implant products, surgical gloves, tampons and urethral stone retrieval devices
Basketball backboard systems, bicycles, bowling pinspotting equipment, chemistry sets, exercise equipment, power boats and personal watercraft, rollercoasters and amusement park rides, running shoes, trampolines and treadmills
Cigarettes and smokeless products
Asbestos, pesticides, manufacturers of chemicals in toxic exposure cases, building product manufacturers in mold litigation and artificial butter flavoring
Experience as National Trial Counsel
Dinsmore has served as national trial counsel for manufacturers in the Silicone Gel Breast Implant litigation, the tobacco litigation, the Phenylpropanolamine (PPA) litigation; the Rely Tampon/Toxic Shock Syndrome litigation and the Bendectin birth defect litigation; distributors in the Fen-Phen diet drug litigation; and for manufacturers of artificial butter flavoring. In the industrial sector, we have served as national trial counsel for manufacturers of industrial machinery and fuel delivery systems.
In these positions we have defended not only individual cases throughout the country but also have defended – and tried – both class action and consolidated cases in state and federal court. Members of the Firm’s Products Liability Practice Group have argued multiple matters before the Federal Judicial Panel on Multi-District Litigation (JPML). They have also represented clients in actions consolidated for coordinated pretrial proceedings by the JPML before federal courts in Cincinnati, Ohio; Birmingham, Alabama; Seattle, Washington and Philadelphia, Pennsylvania. In addition, Dinsmore has assisted clients in establishing a network of local and regional products liability trial counsel to defend mass tort and complex litigation. Attorneys in the Products Liability Practice Group have also assisted clients of the Firm in retaining experts in various medical specialties and scientific disciplines who can evaluate cases, assist in preparation and, where appropriate, serve as expert witnesses at trial. As national trial counsel for product manufacturers and distributors, we have built and maintained extensive databases of legal research, briefs and transcripts of both plaintiff and defendant-oriented expert testimony. We have also advised our clients on a wide variety of regulatory, compliance, product development issues, as well as case management and insurance concerns including coverage and premiums.
Experience as Regional and Local Counsel
Attorneys in the Firm also serve or have served as local and regional trial counsel for defendants in mass tort and complex litigation involving pacemakers, pacemaker leads, over-the-counter cough medicines, pedicle bone screws, post-partum lactation suppression drugs, DES, L-tryptophan, artificial butter flavoring, DPT vaccine, polio vaccine, pesticides, asbestos, building products, automobiles, industrial equipment and machinery, manufactured homes, bicycles and others. In handling these matters we have tried cases in state and federal courts and argued before appellate courts in many state and federal jurisdictions. In our role as national, regional and local counsel we have also handled prominent, media-intensive litigation. Several of the attorneys in our Products Liability Practice Group have received formal media relations training. The Firm has worked with its clients to develop public relations strategies which maintain client confidentiality while, at the same time, conveying appropriate messages through the electronic and print media.
In our role as national defense counsel in mass tort cases, Dinsmore has acquired notable experience in conducting discovery of large numbers of plaintiffs; coordinating written discovery responses for cases pending in multiple jurisdictions; and managing extremely large document productions. We have conducted many multi-million page document reviews in both the pre-litigation and litigation context. Specifically, our attorneys, legal assistants and technical staff have been involved in collection, evaluation, processing and production of documents, both in hardcopy and electronic format. We also have experience in niche document production needs such as the creation of privilege logs and document depository guides.
Mass Tort and Complex Litigation Tort System
In handling mass tort actions and other complex litigation, Dinsmore has developed sophisticated case management applications and provides technological assistance to clients in responding to discovery requests and collecting, organizing, storing and analyzing vast amounts of litigation and claims information in a secure web-based environment. These applications assist with organizing and delivering the day-to-day information required to manage large cases as well as complex legal issues at a broader level. Because our systems are able to handle many different types of information including scanned images, e-mail and word processing documents, they provide a general framework for managing all aspects of complex litigation. Our technical consulting services include trial presentation preparation, assistance and training, in addition to set up and support of remote trial facilities.
In view of our experience in handling products liability litigation we have, on occasion, been retained by manufacturers to perform audits of the corporation’s documents, products and manufacturing processes and quality control systems as a component of the company’s risk management process.