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OUR EXPERIENCE

Notable matters include the following:

COURT-APPOINTED SPECIAL MASTERS

Hernia Mesh Settlements

  • Ellen Reisman appointed as Special Master to develop evaluation criteria to review claims, allocate settlement funds among claimants, and adjudicate claimant appeals in Atrium C-Qur hernia mesh cases (D.N.H., MDL 2753).

  • Ellen Reisman appointed as Special Master to evaluate claims and allocate settlement funds among claimants, and adjudicate claimant appeals in Ethicon Physiomesh hernia mesh cases (N.D.Ga., MDL 2782).

PPI (D.N.J., MDL 2789)

  • Ellen Reisman appointed as Special Master in multidistrict litigation involving over thirteen thousand product liability suits brought against five primary defendants arising from the use of proton-pump inhibitors.

3M Combat Arms Earplug (N.D.Fl., MDL 2734)

  • Over two hundred fifty thousand product liability suits brought against 3M and subsidiary Aearo Technologies arising from use of Combat Arms Earplug.

  • Ellen Reisman appointed as one of the Special Masters to facilitate settlement discussions.

  • Adriane Theis appointed as Special Master to manage and oversee discovery for waves of hundreds of cases.

Syngenta (D.Ks., MDL 2591; N.D.Ill.; 4th Judicial District Court, Hennepin County, Minn.; Circuit Court of Williamson County, Ill.)

  • Tens of thousands of corn farmers and other plaintiffs asserted claims arising from Syngenta’s sale of corn seed containing genetically modified traits not approved by certain other countries.

  • Ellen Reisman appointed as Special Master by multiple federal and state courts to facilitate settlement discussions among the parties.  She helped negotiate a nationwide $1.51 billion class action settlement.

  • She was also appointed by the courts to allocate common benefit attorneys’ fees and expenses and perform various roles in the implementation of the class action settlement (e.g., adjudicating appeals, liens, communications with the parties and the courts).

Abilify (N.D.Fl., MDL 2734)

  • Several thousand cases asserting product liability claims arising from the use of Abilify.

  • Ellen Reisman was appointed Common Benefit Special Master and worked closely with the Common Benefit Committee to develop processes and procedures for time and expense entry, manage litigation budget and common benefit expenses, and establish assessments for capital contributions.

  • After settlement, she successfully negotiated an agreed-upon allocation of common benefit fees and expenses among plaintiffs’ firms.

GM Ignition Switch (356th Judicial District, Texas)

  • Ethan Greene was appointed as the Master in Chancery to develop a framework for evaluating claims and to utilize that framework to allocate fairly the settlement funds for an aggregate settlement among participating claimants.

Transvaginal Mesh (S.D.W.V., MDL 2187 and MDL 2511)

  • Ellen Reisman was appointed Special Master for settlement of transvaginal mesh cases asserted against C.R. Bard (MDL 2187).

  • Facilitated the settlement of thousands of cases utilizing a multi-faceted strategy, including holding court-ordered settlement conferences and mediating inventory and individual cases.

  • Ethan Greene was appointed Special Master for settlement of transvaginal mesh cases against Neomedic (MDL 2511).

  • Oversaw the negotiation and implementation of a global “opt-in” settlement.

PRIVATE MEDIATOR
  • Ellen Reisman has served as a private mediator by agreement of the parties, ranging from mediation of entire mass litigations, inventories of cases, to the mediation of individual cases.

  • Conduct mediations in the product liability field, as well as other areas of law (e.g., consumer class actions, commercial matters).

ADVISORS
  • Advised various types of clients on assessing and managing litigation risks by providing strategic consulting services and guidance regarding potential settlement outcomes.

  • Performed due diligence on potential investment and acquisition targets.

  • Advised clients how to avoid or mitigate litigation risk (e.g., teaching responsible business communications and conduct).

SETTLEMENT COUNSEL

Transvaginal Mesh (S.D.W.V., MDL 2325, and associated state court actions)

  • National Settlement Counsel to American Medical Systems, Inc. / Endo Pharmaceuticals.

  • Crafted strategic resolution strategy and negotiated and implemented settlements of over 71,000 claims, including drafting of settlement documentation, development and oversight of claims processing from start to finish.

  • Participated in mediations and court-ordered settlement conferences, coordinated with litigation counsel, and interfaced with MDL Court and plaintiffs’ leadership.

Deepwater Horizon Oil Spill (E.D.La., MDL 2179)

  • Lead Counsel in negotiating, drafting and implementing the Medical Benefits Class Action Settlement.

  • Counsel in negotiating and implementing the Economic Loss and Property Damage Class Action Settlement.

Diet Drugs (Fen-Phen) (E.D.Pa., MDL 1023)

  • Counsel to Wyeth Pharmaceuticals in negotiating and implementing a multi-billion dollar Nationwide Class Action Settlement for approximately 6 million people who were prescribed the diet drugs fenfluramine or dexfenfluramine.

  • Lead Counsel for Wyeth in the Global Settlement Process (inventory settlement process that resulted in the resolution of over 65,000 claims, as well as individual settlements).

 

Chinese Heparin (N.D. Oh., MDL 1953)

  • Represented Scientific Protein Laboratories and American Capital Ltd. in litigating and resolving product liability litigation and regulatory matters involving contaminated heparin from China.

Bjork-Shiley Convexo-Concave Heart Valves (S.D. Oh.)

  • Counsel to Pfizer Inc. and Shiley Incorporated in negotiating and implementing of Bowling Class Action Settlement resolving claims of tens of thousands of people worldwide who had implanted a Bjork-Shiley Convexo-Concave Heart Valve.

  • Counsel to Pfizer/Shiley in U.S. and internationally on regulatory, patient notification, and scientific research issues relating to the Bjork-Shiley Convexo-Concave Heart Valve.