The rise of the Internet has been an effective tool to promote mass tort litigation targeting modern businesses.  Sooner or later the majority of successful U.S. manufacturing companies will face product liability lawsuits.  Nutter is at the forefront of defending such claims, working either individually or as part of national networks of defense counsel.  Companies trust Nutter to provide advice on how to avoid exposure, and – when the inevitable happens – to defend lawsuits vigorously, effectively and cost efficiently.

For decades, one of the backbones of Nutter’s civil litigation practice has been products liability defense.  Our attorneys have years of real-world experience defending companies through trial and appeal in all types of product liability litigation, with a particular emphasis in the areas of toxic torts and drug and medical device claims.

Toxic Tort Defense
Nutter has a cutting-edge toxic tort practice in the defense of claims arising from alleged exposure to asbestos-containing products.  Our attorneys have additional expertise in claims involving alleged exposure to lead, vinyl chloride, and a wide variety of other industrial solvents and chemicals.  Among our recent experience is:

• the nationwide defense in asbestos litigation, including trials of dozens of lengthy cases to jury verdict
• the nationwide defense of a specialty chemical company in chemical exposure claims
• the defense throughout New England of a major chemical company in claims arising from alleged exposure to vinyl chloride
• the local defense of a multi-national printing company in claims arising from lead-containing dust

Nutter attorneys are fully familiar with the organization and presentation of all aspects of the defense of a complex toxic tort case, including ongoing analysis of the various legal issues to mount an effective defense with great efficiency.  In addition, we have worked with leading scientific and technical experts throughout the country and around the world on the development of expert testimony that is a critical aspect of toxic tort defense.

Nutter has successfully tried claims in state and federal courts in California, Kansas, Minnesota, Pennsylvania, Maryland, New York, Michigan and Massachusetts.  Similarly, we have handled a wide variety of appellate matters in both Federal Circuit Courts of Appeal and various state appellate courts involving issues such as the application of the Daubert doctrine and the degree of proof necessary to establish causation under Restatement Section 402A.

Drug and Medical Device Defense
Nutter has represented manufacturers of pharmaceuticals and medical devices for over 25 years  and is engaged in an ongoing basis in depositions, mediations, hearings and trials throughout the country.  Relying on our longstanding expertise and broad knowledge of emerging medical science, we help our clients respond aggressively to rapidly evolving theories of liability.  Among our recent experience is:

• the nationwide defense of claims against an orthopaedics manufacturer involving prosthetic knee, hip and spinal implants, including so-called “mass tort” litigation
• the defense throughout Massachusetts and New Hampshire in medical device claims involving natural rubber latex gloves
• the local defense of a host of diverse pharmaceutical products, including DES, contraceptives, over-the-counter analgesics and psychotropic drugs

Our proximity to Boston-area medical centers gives us a unique advantage in providing ready access to some of the top scientific experts in the world.  Working with a team of highly regarded surgeons, biomaterial scientists and other experts, Nutter has developed a cost-efficient approach to evaluating and quickly resolving cases.  Our lawyers emphasize the efficient coordination of responses and strategies, and keep our clients and local counsel aware of both case-specific concerns and nationwide development trends through such modern techniques as secure extranets and web-based conferencing.  We also routinely manage preservation, collection and production programs for paper and electronic discovery.

In addition to single case pre-trial proceedings and trials, Nutter routinely participates in multi-district litigation (MDL) proceedings and other coordinated national litigation.  Counsel around the country rely on us to respond to litigation needs whenever called upon, and trust our in-depth knowledge of the Massachusetts federal and state trial courts and judiciary.  Our multi-disciplinary practice also encompasses other aspects of litigation and investigations involving medical devices, drugs and biopharmaceutical products, including internal and criminal investigations, licensing, technology sharing, and supply agreements and distributor relationships.

For more information on Nutter’s practice,  please contact the group chair or any of the attorneys listed in the related attorneys link on the navigation bar to the right.

Chair:  David L. Ferrera