Medical and Scientific Solutions

Building products manufacturer

Background:

Our client faced a products liability lawsuit alleging that defects in its construction materials led to personal injuries from mold exposure. The lawsuit raised a complex set of medical issues that, to successfully defend against, required synthesis of extremely dense medical science. 

Solution:

Our team analyzed medical records and investigated the alleged causal relationship between the construction materials and the claimed injuries. This work included a comprehensive and critical analysis of peer-reviewed medical literature, as well as identifying key professionals to assess the medical and scientific evidence.  Our team determined that there was no medical or scientific basis to support the alleged relationship between our client’s building materials and the alleged injuries. Relying on our team’s analysis and the opinions of our authorities, our client convinced the plaintiff to substantially reduce its demand, leading to a favorable settlement for the client.    


“Medical and Scientific Solutions met all deadlines and provided a cost-effective analysis of a complex set of medical issues. They were instrumental in our ability to tailor a persuasive medical defense to the satisfaction of our client.”  - Fred Rom, Partner, Product Liability

A large, full-service tertiary care center

Background:

Our client was facing potentially large scale litigation due to allegations of contamination of surgical instruments resulting in multi-system injuries. The client needed to know if the medical claims were valid, supported by scientific literature, and considered significant by medical and mechanical professionals.

Solution:

Our team developed a tiered evaluation strategy that included retrieval of key medical records and physical evidence; preparation of medical chronologies; development of comprehensive medical analyses on the potentially highest risk cases; and identification of and consultation with medical and mechanical expert witnesses. Our work allowed counsel to make early risk assessments of cases and claims, and determine settlement protocols according to claimed injury. This, in turn, allowed our client to effectively manage the litigation budget and negotiate a favorable allocation of the settlement funds.  

“We know the science as well as we know the law. That’s why clients love us. They know we hit the ground running and deliver bullet-proof results, whether it’s analysis of complicated science, vetting expert witnesses, or consulting with defense counsel and trial teams.” - Tricia Mason, Director, Medical & Scientific Solutions

Manufacturer of FDA-regulated consumer products

Background:

Our client was facing an approaching deadline for filing several marketing applications with the FDA or they would be forced to halt sales of several market-leading brands. These applications required incorporation of extensive product-specific data, as well as a thorough understanding of the relevant peer-reviewed literature.

Solution:

Our team researched and identified the relevant peer-reviewed literature across multiple scientific disciplines. We met or exceeded all of the client’s milestones, ensuring that our client’s internal, subject-matter professionals were aware of and prepared to leverage all relevant peer-reviewed publications. Our client successfully submitted all applications well in advance of the agency deadline, and the applications were accepted by the agency for scientific review.
 

“With research projects like this, the value of an experienced team can’t be overstated. You need people who know the law and the science and can deliver results quickly. Because we’ve been doing this work for decades, that’s exactly what our clients get.” - Mark Vaders, Associate, FDA Regulatory

Consumer goods manufacturer

Background:

With a multibillion-dollar plaintiff’s verdict hanging over its head, our client faced a retrial in a wrongful death products liability case involving a cancer diagnosis. The client’s trial counsel knew much of the retrial would hang on expert testimony that connected with the jury. 

Solution:

Our team analyzed the available medical evidence and scientific literature to develop a differential diagnosis based on the decedent’s background and medical history.  Based on this analysis, our expert witness team evaluated experts’ credentials and experience to select the one best suited for the case. Our team worked with the expert to develop testimony and create demonstratives that simplified and vividly explained the concepts of differential diagnoses and cancer causation to the jury.  With our expert’s medical testimony as the central theme at trial, our client obtained a complete defense verdict.

“To successfully defend cases in complex litigation, finding the right expert witness is very important. While every case has its own unique medical and scientific issues, our team delivers witnesses that are both experts in their field and commanding on the witness stand.” - Morgan Persinger, Partner, Mass Torts

Background: 

On the eve of trial, Plaintiff produced new medical records from the decedent’s last hospitalization. Our client’s trial counsel needed a trial-ready gastroenterology expert to review the data that same day to discuss cause of death.

Solution:

Medical and Scientific Solutions identified multiple gastroenterology experts with the requisite expertise, and arranged for a review and discussion.  The first expert meeting with trial counsel occurred within hours of the request.  Trial counsel conferred with multiple experts and the expert selected was deposed 10 days later. The MSS team assisted in preparing the expert who testified at trial a week after deposition.

“I have worked with the MSS Team for over 20 years. They are experts in experts, and come through every time.” - Ursula Henninger, Partner, King & Spalding