Skip to Main Content

Product Liability and Mass Tort Litigation

Our expertise in product liability and mass tort litigation includes statistical and economic expert testimony.

Our experts have testified on damages issues, litigation risk assessments for liability and damages, identification of optimal litigation strategies, structuring of complex settlements, valuation of potential insurance recovery, testimony on discount rates, and identification and coordination of expert witnesses.

Our experts have been involved in several legacy cases with mass tort liabilities related to exposure to asbestos, medical devices, welding fumes, silica, ground water contamination, tainted drywall, and manganese. We have also estimated health care costs associated with exposure to air pollutants including SOx and particulate matter in both litigation and policy making matters.

We have appeared before federal and bankruptcy courts and in alternative dispute resolution proceedings involving numerous products, such as asbestos, lead, pharmaceuticals, medical devices, construction, chemicals, and tanker ships.

Our expertise includes:

  • We conducted statistical modeling and applied decision analysis to value breast implant liability and damages claims.
  • Members of The Brattle Group projected the timing and magnitude of future asbestos claims and analyzed potential insurance recovery.
  • We evaluated a large database for leaking pipe claims and projected the magnitude and timing of future claims.
  • We estimated the level of funds required to cover future Dalkon Shield claims.
  • We provided expert analysis concerning the economic damages resulting from asbestos in state buildings.
  • The Brattle Group analyzed trends in product liability and bodily injury claims to project potential future claims related to a manufacturing firm.
  • We estimated class action damages from material degradation in a home appliance system.
  • We conducted a seminar for an oil shipping company to examine the relationship of maintenance activities to failure modes for double-hulled vessels.

Engagements
REPRESENTATIVE ENGAGEMENTS

Below is a list of representative engagements for our Product Liability and Mass Tort Litigation practice.

Pharmaceutical supply chain for opioid products

In Healthcare Distribution Alliance v. Howard A. Zucker, in his official capacity as Commissioner of Health of New York; and Barbara D. Underwood, in her official capacity as the Attorney General of New York, consultants at Brattle supported expert declarations that analyzed the expected market impacts of the New York Opioid Stewardship Act. Leveraging publicly available data on opioid sales and wholesaler financials, consultants at Brattle estimated potential effects and assessed possible responses of parties in the pharmaceutical supply chain for opioid products.

Asbestos bankruptcy proceedings

Experts at Brattle have worked on numerous asbestos bankruptcy proceedings, including those related to Federal Mogul, Wallace & Gale, WR Grace, Owens Corning, Union Carbide, Combustion Engineering, and Armstrong. In these engagements, we have estimated the total cost of past and future product liability claims arising from individuals exposure to the asbestos containing products manufactured by the company in bankruptcy. Consultants at Brattle have also analyzed trust adequacy by modeling the expected returns on the trusts assets and comparing to projected claims. These analyses have been used to help determine the rate at which claims should be paid.

Asbestos mitigation cost assessment
The Brattle Group valued the economic damages that would result from the presence of asbestos in particular state buildings on behalf of the State of Massachusetts. Our analysis considered the timing of future repairs and renovations to the buildings and the costs needed to deal with the presence of asbestos.
Home appliance product claims
As part of an insurance claim, The Brattle Group assessed the current and potential future value of product liability claims for a home energy appliance. Based on trends in historical product failures, claims, settlements, and information on historical product sales, we developed statistical estimates of the timing and value of future claims.
Breast implant liability analysis

On behalf of our clients we conducted statistical and decision analysis to value breast implant liability and damages claims. We modeled the potential universe of claims and the likelihood of various disease manifestations and pursued claims over time. We researched information on awarded damages to map the potential population of claims over time.

Federal Legislative Modeling Project for PhRMA

Between 2003 and 2005 the largest members of PhRMA sponsored a research, policy and advocacy, and legislative effort to advance legislation to remove drug related personal injury lawsuits from the tort system into a national injury compensation program. As part of the initiative, experts at The Brattle Group estimated the total costs of drug-related injury litigation in the US and modeled the impact of the proposed legislation on those costs. The analysis included an assessment of the relative efficiency and efficacy of the compensation program.

Experts
Publications
News & Knowledge