We know from our clients’ experience that mass tort claims, and sometimes just the potential of them, can threaten the future of a product, a business or even an industry. The key is to control the prospect of litigation early and take on any litigation that cannot be avoided with an aggressive strategy in hand.

Success in controlling any prospective litigation often hinges on what is done before the first case comes in the door, rather than how one simply manages the flood through the gates. Depending upon the product, the earliest steps may be audits of product literature and warnings–which our firm does for clients.

Once a litigation threat actually materializes, we assist clients with pre-litigation product failure investigations. We also work with the client on identifying and retaining key experts, and then obtaining mastery of the literature, client and regulatory communications to discourage and control any prospective litigation. As lawsuits first surface, we assist corporate and insurer clients in efforts to control and define the issues for the courts in a manner favorable to the defendant, not the plaintiffs.

Our experience in product protection, prevention, management and litigation includes:

National and local counsel advising and defending manufacturers of silicone breast implants, diet medications, prosthetic hips, and oral contraceptives

National counsel overseeing and coordinating over 100,000 asbestos-related cases for a pipe and block manufacturer

Representation of a manufacturer in the defense of 18,000 third-party suits brought by ship manufacturers under federal maritime jurisdiction

Pre-litigation and litigation advisor to one of the largest vaccine manufacturers in the country over reactions to a “superpotent” vaccine

Trial of what has been described as the nation’s largest consolidated product liability case to a defense verdict

Dismissal of “nuisance” actions brought against dozens of multiple gun manufacturers, wholesalers, and retailers

Handling first Persian Gulf Syndrome case and defeating allegations that attempted to blame an anti-nerve gas medication prophylactically administered to soldiers.

In addition to this experience, which includes multidistrict cases, the Kitch firm brings to its clients’ mass tort claim prevention, deterrence and defense:

Recognized expertise in “Daubert/Kumho Tire” challenges to hired gun experts

Support from one of the finest appellate practices in the country, with a win rate of over 80%

Development and maintenance of a sophisticated science literature and document database for mass litigation

Mastery of document management, using state of the art electronic methods.

Added to this experience and capability, the Kitch firm has been able to develop unique and widely-acclaimed techniques for cost forecasting and budgeting. This allows the firm to manage and often vastly reduce defense costs for national and local counsel. We are also able to supply the experience, creativity, negotiation, and advocacy skill needed to maximize our client’s success in mass tort litigation.

Mass Tort

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