Products Liability and Mass Torts

Our products practice involves a wide range of products, and includes local, regional and national responsibilities.  We have managed the activities of local counsel in case development of individual cases or in the mass tort context.  We have tried numerous cases to verdict in Colorado and many other jurisdictions.  We specialize in the development of scientific evidence  and challenges to opposing experts through discovery and Daubert motions.  We have developed creative strategies for many Daubert hearings, and worked with court appointed experts or technical advisors in a variety of contexts.

Representative Products:

Vehicles and component parts: airplanes, recreational vehicles, automobiles, riding lawn mowers, bicycles, engines, and forklifts.

Heavy equipment:  hoists, rock crushing and asphalt plant equipment, furnaces, and ski lift equipment.

Pharmaceuticals/chemicals: various human pharmaceuticals, blood products, cleaning products, herbicides, pesticides, and fertilizers.

Medical devices: heart valves, catheters, IV pumps, breast implants, and hip implants.

Safety equipment: respirators for industrial and home application, helmets, and vehicle restraint systems.

Miscellaneous: in floor heating systems, engines, ladders, lawn care equipment, water heaters, beverage dispensers, baggage movers, food, beverages and food and beverage processors, asbestos, and silica.

Significant Representations

National responsibilities for a Fortune 100 company includes trials, development of expert testimony, challenges to opposition expert testimony and causation evidence in respirator products litigation.  Our first efforts for this client resulted in termination of 12 years of litigation for this client, by summary judgment.

Responsibility for development of expert testimony, trials, and appeals for a Fortune 100 company involved in national litigation including multiple cases pleaded as class actions.

Representation of recreational vehicle manufacturer in catastrophic injury cases.

National counsel for three clients in asbestos litigation.

Defense of aircraft and component parts manufacturers, maintenance and repair facilities, and airports.

Trial of eight plaintiffs’ cases to verdict in the breast implant litigation and responsibility for the trial testimony of one of the court-appointed expert members of the National Science Panel, appointed by MDL Judge Sam Pointer, U.S. District Court for the Northern District of Alabama.

Representation of two manufacturers of phentermine in the “fen/phen” litigation, including responsibility for the defense of all Colorado cases, and participation on the clients’ national science team.

Crashworthiness issues in a wide variety of contexts including automobiles, airplanes, recreational vehicles, and heavy equipment.

Numerous amicus briefs for the Product Liability Advisory Council filed in the U.S. Supreme Court, as well as federal and state appellate courts.


Wells, Anderson & Race, LLC
1700 Broadway, Suite 900
Denver, CO 80290

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