transactions

  • BrandMuscle, Inc.
  • Aquisition of Saepio Technologies, Inc.
  • National Dentex Corporation
  • Public company merger with GeoDigm Corporation
  • RoadOne IntermodaLogistics
  • Acquisition of the logistics operations of RoadLink USA, Inc. and certain affiliates

Product Liability Defense

Overview

Posternak’s Product Liability Practice Group is focused principally on the defense of product manufacturers, either as self-insureds or through their liability insurers.  Posternak has handled a wide variety of product liability claims, including medical devices, pharmaceuticals, industrial machinery, electrical appliances, construction products and automotive equipment.  We have represented clients in state and federal courts in Massachusetts, Connecticut, Vermont, New Jersey, Iowa, and Rhode Island, and before federal administrative agencies in Washington, DC.

We are active members of a number of defense industry groups, including the Defense Research Institute and Eagle International.

Representative cases

  • Represent the world’s largest manufacturer of implantable medical devices in a variety of product liability cases involving pacemakers, neurological stimulators, coronary stents, drug pumps and other products, in Massachusetts and elsewhere.  Most recently, we obtained a defense verdict in a federal court jury trial in a case involving a pacemaker lead.
  • Have represented a Fortune 500 company in asbestos personal injury litigation in Massachusetts for over 20 years, in which our client has never paid a judgment or settlement.
  • Defended the manufacturer of an electrical appliance in a catastrophic fire case, involving a child’s death and serious burn injuries to another child, in which our client paid a modest settlement after lengthy mediation.
  • Represented the manufacturer of an industrial sealant product in a case involving two plaintiffs with leukemia alleged to have been caused by their exposure to our client’s product.  We developed a medical causation defense heavily dependent on expert testimony, which enabled us to negotiate a settlement at a small fraction of what other similarly-situated defendants were required to pay.
  • Represented the manufacturer of a concentrated vitamin additive in a wrongful death case involving a dairy that had been over-fortifying its milk products with vitamins, in which our client was completely exonerated by the jury.
  • Represented the leading manufacturer of motorized scooters for the handicapped in a case involving serious head injuries.
  • Represented the manufacturer of industrial equipment in a case that made favorable appellate law in Massachusetts on a manufacturer’s duty to warn.

Representative clients
Medtronic, Inc.
H. B. Fuller Co.
The Holmes Group 
Shand Morahan & Company, Inc.

Related Services Areas

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