Practice Area

Product Liability

Practice Area

Product Liability

Our attorneys are well-versed in consumer protection laws and unfair trade practices acts, and have successfully advocated in state and federal courts for many notable cases throughout the U.S. These cases have resulted in multi-million-dollar recoveries for consumers who have been harmed by defective products, dangerous medications, misleading or improper advertising or marketing practices, fraud and other violations of the laws and acts. In addition, our attorneys have served as lead and co-lead counsel on numerous cases.

Our firm’s Founding and Managing Member, J. Gerard Stranch IV, served on the plaintiff’s steering committee in the New England Compound Pharmacy Product Liability Action, brought on behalf of consumers harmed from exposure to contaminated drugs produced at the company’s Framingham, Massachusetts, facility, which resulted in a nationwide outbreak of fungal meningitis. More than 750 individuals, including 100 Tennesseans, were injured from the outbreak, and more than 60 individuals, including 17 Tennesseans, lost their lives. Stranch facilitated both the $210 million tort trust established as a result of claims settlements and the negotiation of outstanding Tennessee claims.

Hon. Judge (ret.) John “Jack” Garvey, the founding member who leads our St. Louis, Missouri office, has been involved as co-counsel in the ongoing Paxil litigation of Orrick v. GlaxoSmithKline, St. Louis City Circuit #1322-CC00079-01. The company pleaded guilty to U.S. criminal charges in 2012 and agreed to pay $3 billion for promoting Paxil and Wellbutrin for unapproved uses. The settlement was the largest at the time between the Justice Department and a drug company.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult with an attorney.

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Product Liability

Cases Served

In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672 CRB (N.D. California) (J. Breyer). The firm served on the plaintiffs’ steering committee in a coordinated action consisting of nationwide cases of consumer and car dealerships. This action alleged that Volkswagen AG, Volkswagen Group of America and other defendants illegally installed so-called “defeat devices” in their vehicles, which allowed the cars to pass emissions testing but enabled them to emit nearly 40 times the allowable pollution during normal driving conditions. In October 2016, the court granted final approval to a settlement fund worth more than $10 billion to consumers with two-liter diesel engines, and in May 2017, the court granted final approval to a $1.2 billion settlement for consumers with three-liter diesel engines, and a $357 million settlement with co-defendant Bosch.

In re: Davidson v. Bridgestone/Firestone, Inc. and Ford Motor Co. No. 00-C2298 (Davidson Circuit, Tennessee) (Soloman/Brothers). The firm served as lead counsel in a nationwide class action against Bridgestone/Firestone, Inc. and Ford Motor Co. concerning defective tires. A settlement valued at $34.4 million was reached in conjunction with a companion case in Texas.

In re: Montanez v. Gerber Childrenswear, LLC (M.D. California). The firm represented consumers who purchased baby clothing tainted with unlawful levels of chemical skin irritants, resulting in a multi-million-dollar settlement.

In re: Cox v. Shell Oil et al., Civ. No. 18844 (Weakley Chancery, Tennessee) (Judge Malon). The firm intervened in consumer action composed of all persons throughout the United States who owned or purchased defective polybutylene piping systems used in residential constructions or mobile homes. A global settlement was reached that was valued at $1 billion.

In re: Heilman et al. v. Perfection Corporation, et al., Civ. No. 99-0679-CD-W-6 (W.D. Missouri). The firm served on the executive committee in a nationwide consumer class action composed of all owners or purchasers of a defective hot water heater. A settlement was reached that provided 100% recovery of damages for a possible 14.2 million hot water heaters and any other property damages.