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Overview
Vinson & Elkins' products liability practice covers every aspect of products liability and includes defense of mass products liability matters, including toxic torts.
The practice includes representation of manufacturers of pharmaceutical products, chemicals and petrochemicals, automotive products, tobacco products, medical equipment, cosmetics, pesticides, aircraft, heavy equipment, building industry products, blood, and semiconductors and other electronic devices, and suppliers of minerals.
We have a particular interest in the defense of cases involving technologically advanced products such as biogenetically engineered pharmaceutical products.
Core Capabilities
Our products liability practice provides the client with a unique combination of core capabilities. These include: - Highest quality trial lawyers capable of handling the most complex, high risk products liability matters in extremely dangerous venues in Texas and throughout the U.S.
- An uncommon degree of experience and capability in defense of mass products liability and toxic tort cases on a local, statewide, regional or national basis.
- A unique interest in defending products liability matters relative to technologically advanced products.
- Highest quality appellate lawyers capable of handling your most difficult products liability appellate needs.
Highest Quality Trial Lawyers
There are many factors leading to Vinson & Elkins' ability to provide highest quality trial lawyers. The attainment of high academic standing at an excellent law school is only a starting point for the Vinson & Elkins trial lawyer. Vinson & Elkins trial lawyers come from diverse ethnic, religious, cultural and political backgrounds. We believe that it is essential to our clients' interests to draw from the most diverse talent pool available. To serve our clients' interests, judges, jurors, and others must like, and believe in the Vinson & Elkins trial lawyer. The Vinson & Elkins trial lawyer understands that to achieve that result, the lawyer must possess a unique combination of attributes including: honesty, a caring attitude toward their fellow human being, a friendly nature, extreme capabilities, good judgment and the courage to recommend the trial of cases when appropriate. We believe we have done an admirable job attracting and holding trial lawyers who possess such attributes.
Evidence supporting our belief that we can provide highest quality trial lawyers abounds. Vinson & Elkins products liability trial lawyers are engaged to handle products liability matters which entail enormous potential financial downsides to the client. These matters have included regional and nationwide mass products liability claims, including those related to tobacco products, diet drugs, chemicals, minerals, medical devices, automotive products including tires, and hazardous wastes, and have included a wide variety of non-mass tort catastrophic injury cases. Vinson & Elkins products liability trial lawyers have been entrusted by clients with trying high risk cases in some of the most dangerous of venues, including Texas counties such as Starr County, Jefferson County, Harrison County, Cameron County, and Rusk County.
While the results depend upon the facts of each case, the successes achieved by Vinson & Elkins' products liability trial lawyers speak for themselves.
Representative Trial Results - Tried to a defense verdict in Starr County, Texas (Rio Grande City) a products liability case filed against a heavy truck manufacturer involving the death of nine people in which $6 billion in damages were sought.
- Led Firestone defense team in first trial of a Firestone/Ford rollover case which was tried in federal court in Hidalgo County; $1 billion suit was settled on third day of jury deliberations.
- Tried to a defense verdict in Oklahoma City, Oklahoma a products liability case filed against a heavy truck manufacturer in which the quadriplegic plaintiff alleged a defective design of the seat belt system and of the truck's cab and sought $160 million in damages.
- Tried to a defense verdict in Harrison County, Texas (Marshall, Texas), a products liability case filed against the manufacturer of a rotary cutter which passed over a five year old boy, killing him.
- Tried to a defense verdict in Harrison County, Texas, a products liability case filed by a quadriplegic against the manufacturer of a heavy front end loader.
- Tried to a defense verdict in Galveston County, Texas a products liability case for a heavy truck manufacturer brought by a quadriplegic who claimed steering defects caused the accident. Vinson & Elkins trial lawyers prevailed despite the fact that the steering system of the truck had been the subject of a recall campaign.
- Tried to a defense verdict in Jefferson County, Texas (Beaumont, Texas) the trial of the first group of plaintiffs who were part of 17,000 persons who brought suit against a major pipeline company for alleged injuries resulting from rupture of a pipeline and the largest inland spill in the United States.
- Tried to a defense verdict in Pima County, Arizona, a products liability case involving claims of lack of interior crashworthiness of a heavy truck filed against the manufacturer of the truck by a quadriplegic plaintiff. The accident involved a change in the occupant speed at impact of only about 5 miles per hour.
- Tried to a defense verdict in Dallas County, Texas a products liability case filed against the manufacturer of a cornheader where the plaintiff was rendered a triple amputee.
- Tried a products liability death case filed against a heavy equipment manufacturer in Jefferson County, Texas and obtained an instructed verdict for the client at the close of the plaintiff’s case.
- Tried a products liability case for a heavy truck manufacturer in Harrison County, Texas which involved the deaths of multiple teenagers who occupied a car which ran into a heavy truck, and obtained an instructed verdict for the client at the close of the plaintiff’s case.
- Tried to a defense verdict in Tarrant County, Texas a products liability case filed against a crane manufacturer in which the jib of the crane failed, one man was killed and several were injured and in which the V&E; lawyers successfully argued that although the jib of the crane admittedly contained weld defects, those defects were not the cause of the death and injuries.
- Tried to a defense verdict in Dallas County, Texas a products liability case filed against a crane manufacturer which involved a decapitation.
- Tried an asbestos case to a defense verdict in Nueces County, Texas.
- Tried to a defense verdict in Harris County, Texas a products liablity case filed against the distributor of a life vest in litigation arising from the drowning of plaintiff's decedent.
- Tried to a defense verdict in Taylor County, Texas a products liability case for a scaffold provider.
- Tried in Cooke County, Illinois, a products liability case involving a utility tractor rollover and the death of the tractor operator. Although the jury found the tractor defective due to lack of a rollover protection structure, and assessed very significant damages in the case, the comparative fault assigned by the jury to the operator of the tractor was so great and the worker's compensation carrier's responsibility in light of that fault assignment was such that the Vinson & Elkins products client paid virtually nothing in damages in the case.
- Tried in Jefferson County, Texas, a products liability case involving death by burning for a heavy truck manufacturer. The case was settled just prior to final arguments when the plaintiff's lawyer accepted the defendant's initial minimal settlement offer, which was still on the table.
Representative Non-Trial Results - Obtained voluntary dismissal of paraplegic plaintiff's claims for manufacturer of recalled tire.
- Obtained a dismissal by plaintiffs of all claims against the client in a highly-publicized products liability death case against a heavy truck manufacturer involving the truck's anti-lock braking system. The U.S. Supreme Court had previously rendered a major opinion relative to the case on preemption issues.
- Obtained multiple summary judgments for heavy truck manufacturers in crashworthiness cases.
- Obtained multiple summary judgments for heavy truck manufacturers in post crash fuel fed fire cases involving death by burning.
- Obtained summary judgment for a school bus chassis manufacturer in a products liability case involving a school bus which ran over and severely injured a school child.
- Obtained judicial dismissal for major tire manufacturer of plaintiff’s claims involving five deaths on the grounds that Texas was an inconvenient forum for the lawsuit.
- Obtained a voluntary dismissal of plaintiff's claims against a school bus chassis manufacturer in a case involving severe internal injuries to a young passenger whose body struck the seat back in front of him while sitting on the bus.
- Obtained voluntary dismissal of claims of survivors of a truck driver burned to death in post-crash fuel-fed-fire case filed against a major heavy truck manufacturer.
- Prepared and successfully argued a motion to exclude testimony from plaintiff's experts which, when granted, additionally led to the court granting a motion for summary judgment on behalf of our client. The plaintiff in the case alleged that design defects in the vehicle caused a tire blowout, a resulting rollover, and plaintiff's severe back injuries.
- Obtained for defendant tire manufacturer court imposed sanction of dismissal of plaintiff's case in products liability case involving recalled tire.
- Settled a post crash fuel fed fire case involving death by burning for a heavy truck manufacturer for $5,000.
- Defended an electronics company in a class action alleging that defects in the design of the client’s floppy disk controller could lead to corruption of computer data. In mediation, the firm convinced the parties that the client had discovered, warned the public about and corrected the defect years ago and if floppy disk controllers manufactured by a co-defendant had the defect, it was the result of illegal copying of V&E;’s clients uncorrected design. Following extensive mediation, the court approved a class settlement in which the claims against Vinson & Elkins client were dismissed while the co-defendant provided relief amounting to over $2 billion.
- Successfully arbitrated a $1 billion dispute between petro chemical manufacturers regarding products liability issues.
Vinson & Elkins trial lawyers are recognized for their excellence. A survey of U.S. practitioners conducted by Global Research, a Division of EuroMoney Publications ranked the Vinson & Elkins litigation practice in the top five among U.S. law firms. In an American Lawyer survey of 400 corporate counsel, Vinson & Elkins was rated as a top choice for service, quality and value in the area of products liability. Among Vinson & Elkins products liability trial lawyers are Fellows in the American College of Trial Lawyers and sustaining members of the Products Liability Advisory Council.
Perhaps the most significant recognition is that given Vinson & Elkins products liability trial lawyers by jurors who have seen the trial lawyers in action. For example, after the recent trial of a case for a heavy truck manufacturer involving a quadriplegic plaintiff, the client engaged a professional jury consultant to interview the jurors post-verdict regarding their thoughts on the case. The jury consultant's conclusion was that the jurors viewed the Vinson & Elkins lead trial lawyer as "being extremely effective for the defense." The bar graph showing the jurors' responses regarding this trial lawyer's effectiveness in the trial is shown below.
One interviewed juror described the Vinson & Elkins trial lawyer as a "fireball." Another described the same lawyer as being "very impressive" and another noted that one of the best parts of the defendant's presentation was "the professionalism and preparedness" of the Vinson & Elkins trial lawyer. One of the jurors also noted that the Vinson & Elkins trial lawyer was "well prepared and believable."
Uncommon Degree of Experience and Capability in Mass Products Liability Cases
Vinson & Elkins trial lawyers possess an uncommon degree of experience and capability in defending mass products liability cases, including toxic torts, on a local, statewide, regional and national basis. Our lawyer depth (approximately 50 lawyers practicing in products liability and approximately 20 in toxic torts) and strong practice support capabilities enable us to represent clients in mass tort cases throughout the country. The firm also has the necessary technological capabilities to support defense of such matters and the necessary legal and technical knowledge to appropriately handle such matters. We also have extensive experience in pursuing Daubert-type motions and in excluding the testimony of adverse experts.
Representative Mass Tort Matters - Serve as Texas Counsel for a major tire manufacturer in litigation involving national recall of certain lines of tires.
- On behalf of client, achieved pre-trial coordination of mass tort litigation pursuant to Rule 11 of the Texas Rules of Judicial Administration in every judicial region in which Rule 11 coordination was requested. In connection with Rule 11 coordination, obtained a single statewide case management order governing all Rule 11 coordinated cases involving client’s tires and co-defendant’s SUV, applicable to all rollover cases in Texas. With respect to significant statewide issues, argued for and obtained joint rulings from the seven assigned Rule 11 pre-trial judges in Texas.
- Serve as lead trial counsel for client in Texas oxycontin litigation.
- Represented refinery in class action litigation brought on behalf of 3,000 class members as a result of exposure to air and ground water contamination over a 25 year period in which damages sought were in excess of $90 million.
- Served as lead defense counsel for owners of an agrochemical plant in a toxic tort class action where thousands of plaintiffs have claimed property and personal injury damages in excess of $100 million because of exposure to arsenic and other chemicals.
- Served as counsel for a major pipeline company in mass tort actions involving the claims of some 17,000 individuals related to the rupture of a pipeline and resulting major spill.
- Serve as regional counsel on products liability cases filed against a major cigarette manufacturer.
- Serve as primary Texas counsel for a major pharmaceutical manufacturer in mass litigation related to diet drugs.
- Served in nationwide litigation as national counsel for the manufacturer of resin used to make polybutylene pipe. This included representation of the client in class actions filed in over 20 states which culminated in a national class action settlement.
- Represented multiple clients in cases involving hazardous waste generators' liability, including an individual case in which over 700 plaintiffs alleged a wide variety of personal injuries, including cancers. The plaintiffs claimed that their injuries occurred due to their inhalation of the clients' "products" which were allegedly released from a local hazardous waste disposal facility.
- Serve as Texas counsel for a major petrochemical manufacturer in litigation filed by thousands of banana plantation workers allegedly rendered sterile by application of a chemical to the plants.
- Served as national counsel for a major siding manufacturer in mass products cases filed against it, including eight statewide class actions, three national class actions and three state Attorney General's inquiries.
- Represented a major medical care provider in products cases (including one nationwide class action) filed by thousands of plaintiffs, alleging defects in artificial bone material used to replace cartilage in the temporal mandibular joints of patients.
- Represent a major chemical manufacturer in a class action filed by several thousand named plaintiffs who claim to represent a class that may be as large as 100,000 individuals in which it is alleged that the class was exposed during the Gulf War to various chemical and biological weapons components allegedly sold by the defendants. Plaintiffs claim damages in the billions of dollars.
- Represented a major chemical manufacturer in a mass tort case in which plaintiffs alleged that the manufacturer disposed of radioactive by-products of its manufacturing process in another company's waste disposal pit and that this radioactivity was disbursed through the water table and through the air causing them to develop various types of cancer.
- Represent a major building materials supplier in products cases filed by large numbers of plaintiffs relating to synthetic stucco and handle resulting class certification procedures for the client.
- Represented a major corporation in thousands of asbestos cases, including numerous lung cancer and mesothelioma cases.
- Represented a major silica supplier in statewide and regional products liability litigation relative to workplace exposures to silica.
- Represent major automotive and heavy equipment manufacturer as national consulting counsel relative to certain specific product claims.
Unique Interest in Defending Products Liability Matters Relative to Technologically Advanced Products
Certain of the Vinson & Elkins products liability trial lawyers have a particular, and perhaps, unique interest in defending the most technologically advanced products. We view ourselves as part of the engine of technological progress. Our interests include the defense of advanced pharmaceutical products, biogenetically engineered products of all types, technologically advanced occupant protection systems in heavy trucks and cars, including proximity sensing devices, air bags, pyrotechnic occupant excursion reduction devices, advanced off-road warning systems, advanced rollover protection systems, "smart car" innovations, and advanced aviation safety innovations. Our practice includes the defense of manufacturers of high tech devices including computer chips in alleged products liability actions related to the production of hazardous wastes alleged by plaintiffs' counsel to be "products."
Highest Quality Appellate Lawyers
Vinson & Elkins can also provide the highest quality appellate lawyers to assist our clients with their most difficult products liability appellate matters. (For more information on the firm's appellate section, click here).
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Prior results do not guarantee a similar outcome.
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