Obtained a defense verdict in Monticello, Indiana, in a lawsuit brought by a plaintiff in a premises liability case. In this case, the plaintiff claimed that he was injured during a ride at an amusement park in Indiana. Plaintiff claimed that the safety restraint on the seat behind him came loose and struck him from behind three times. Plaintiff claimed a traumatic brain injury (concussion and post concussive syndrome) from the incident and sought $600,000 in damages. In addition, plaintiff complained of headaches, nausea and memory problems. Defense countered by introducing evidence that the incident could not have occurred as the plaintiff claimed because it was not possible for the restraint to come loose. Defense also provided medical records that showed plaintiff had numerous pre-existing problems with memory and cognition. After three days of trial in White County, Indiana, the jury deliberated for one hour before returning a verdict in favor of the defense
Represented a national pharmacy chain in the defense of a large number of serious personal injury claims as a result of the use of products containing Ephedra. Due to several manufacturer bankruptcies, this litigation resulted in both multi-district litigation in the U.S. District Court for the Southern District of New York and five separate bankruptcy mediations in New York, New Jersey, California and Canada. The largest piece of this litigation resulted in a mediated multi-million dollar settlement of more than 270 claims, involving more than 50 defendants.
Represented a national pharmacy chain as national counsel in the following mass tort matters: L-Tryptophan; Fen/Phen; Albuterol; Baycol; Vioxx; Bextra; Celebrex; Hormone Replacement Therapy; PPA and other matters. This representation included negotiation of defense/indemnity agreements, document collection, review and production as well as all other aspects of these mass tort matters.
Represented a pharmacy defendant in a wrongful death case involving a 46-year-old male, leaving a wife and three adult children in which the decedent, a chronic pain patient, allegedly died as a result of an overdose of methadone prescribed by his pain clinic physician and dispensed as written by the pharmacy. The theory against the pharmacy involved failure to warn of an alleged dramatic increase in methadone and supposed dangerous interactions with other drugs dispensed by the pharmacy. The pharmacy defendant ultimately prevailed on its summary judgment motion.
Represented a pharmacy defendant in a wrongful death case involving a 57-year-old female, leaving two adult children where the decedent was involved in a single motor vehicle accident leaving her in a paraplegic state and ultimately succumbing to her injuries several years later. The decedent had a long history of uncontrolled seizure disorder, and the theory against the pharmacy was that it voluntarily undertook a duty to warn the decedent not to drive when dispensed an anti-seizure medication. The pharmacy defendant prevailed on its summary judgment motion based on plaintiff’s failure to sustain the proximate cause and duty elements of the claims against the pharmacy.
Obtained summary judgment on behalf of a retail business that sold SCUBA equipment to a drowning victim whose estate claimed wrongful death due to a defective buoyancy control device and breathing regulator.
Represented a national retailer in a wrongful death case in which a product allegedly caused a home fire resulting in both injuries and a death.