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Product Liability

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.

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.


Below is a list of representative engagements for our Product Liability practice.

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.

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.
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