Defending the largest mass torts case in history
Leading brands trust Dechert with their most complex, reputation-critical litigation. Dechert’s product liability and mass torts team is currently lead counsel in some of the country’s most high-profile disputes.
“Our team’s experience goes back decades,” says Sheila Birnbaum, co-chair of Dechert’s PLMT practice, “with deep sector expertise, innovative strategies to settle or win in court, and the national teams to defend multiple cases simultaneously across the U.S.” Military earplug manufacturer 3M is currently defending what is shaping up to be the largest mass torts case in history. This litigation, co-led by Los Angeles-based partner Kimberly Branscome, involves hundreds of thousands of individual claimants and multiple complex areas of law. Atop several bellwether trials that have already occurred, there are a number of additional trials scheduled through mid-2022. The MDL is expected to be one of the most closely watched matters of the year. Dechert also supported French multinational Saint-Gobain in the settlement of claims alleging that it contaminated groundwater with Perfluorooctanoic acid (PFOA). “PFOA is a widely used chemical, unregulated for most of its history and now the object of emergent public attention,” says partner Mark Cheffo. “Dechert has defended numerous claims against Saint-Gobain, including putative class actions in New York, New Hampshire and Vermont.” In July 2021, a settlement of the putative class action in New York was achieved without an admission of wrongdoing, with Saint-Gobain and other defendants agreeing to
Band 1 Chambers USA 2021, USA-Nationwide Product Liability &Mass Torts: The Elite
pay US$65 million to residents of Hoosick Falls, NY, saving lengthy and expensive litigation. Other major cases in 2021 include defending Pfizer and Viatris against claims that Lipitor, Pfizer’s best- selling statin, caused plaintiffs to We offer clients everything they need to defend bet-the- company cases, including innovative strategies to settle or win in court.” Sheila Birnbaum Partner “
develop type 2 diabetes. In the latest of a series of key wins, the team set a precedent under the emerging defense of pre-emption under the Food, Drug and Cosmetic Act (FDCA). This victory is pivotal for the remaining Lipitor litigation in state courts, and for the conduct of other complex pharma cases involving pre-emption issues. Co-chair Mark Cheffo is also advising GSK in connection with MDL and state-court litigation over heartburn medication Zantac, and Atrium Medical Corporation in more than 3,000 personal injury lawsuits and pre-suit claims involving Atrium’s hernia mesh products.
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