LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

National Distributor of Medical Devices and Healthcare Products

The Facts: There were numerous claims against multiple defendants related to alleged contamination of surgical instruments by used hydraulic fluid at two community hospitals. The hydraulic fluid had been stored in used, empty containers of a product originally distributed by WWHGD's client to the hospitals. Once filled with the hydraulic fluid, the containers were inadvertently returned to WWHGD's client as misdirected freight, with the actual content of the containers unknown to WWHGD's client. The client then redistributed the containers – of what was thought to be surgical instrument cleaning and lubrication fluid – to the hospitals for use in their instrument cleaning services area. Claimants assert a variety of personal injury claims with complex theories of liability, including civil conspiracy and violation of North Carolina's Uniform Deceptive Trade Practices Act.

Discovery: Because of the number of parties involved and the complexity of the claims, discovery will include review of in excess of 500,000 pages of documents, reconstruction of industrial cleaning processes used by the hospital at issue, and the involvement of dozens of medical, chemical, industrial and healthcare experts.

Case Results: Ongoing

Number of Claimants: More than 100 

Location: Raleigh-Durham, North Carolina

Trials

Print PDF