Our product liability lawyers represent international, national and local manufacturers and distributors throughout the United States, defending a diverse range of products. Medical devices, pharmaceuticals, automobiles and industrial machines are but a few of the products Baker & Daniels lawyers have long represented.
By teaming with clients, our goal is to find the most efficient, cost-effective solutions to their problems. Those solutions include preventive counseling to assess risks and avoid litigation, defense in litigation, media relations and dispute resolution. If a dispute cannot be resolved without going to trial, our experience allows us to mount an aggressive and innovative defense of our clients in a court of law. Baker & Daniels product liability lawyers have defended manufacturers in the federal and state courts of more than 40 states.
At Baker & Daniels, our primary goals are to help our clients avoid product liability risk and aggressively defend product liability claims. Central to achieving those goals is a team approach among our product liability lawyers, medical and technical professionals, and clients. Where appropriate, intra-disciplinary client teams – including professionals with medical, engineering, chemical and other technical knowledge – are involved.
Dispute Resolution Techniques
Baker & Daniels professionals pride themselves on getting product liability cases resolved short of trial through dispositive motions, favorable settlement negotiations or alternative dispute resolution. Our professionals have substantial experience resolving cases through mediation and arbitration. Baker & Daniels is the Indiana law firm member of the The International Institute for Conflict Prevention and Resolution, a international organization of corporations and law firms devoted to promoting the use of alternative dispute resolution. We also are a sustaining member of the American Arbitration Association, and lawyers on our team are certified mediators.
Litigation
Our product liability practice is national in scope, representing international, national and local manufacturers and distributors throughout the country. We represent a diverse range of industries, from medical device to automotive to industrial equipment companies.
We team with clients to find the most efficient, cost-effective solutions to their problems. Those solutions include preventive counseling, settlement negotiation and dispute resolution. If a dispute cannot be resolved without going to trial, our experience allows us to mount an aggressive and innovative defense of our clients in a court of law.
National Counsel Role
As national counsel for major product manufacturers, Baker & Daniels coordinates the defense of product liability cases across the country in a way that brings real efficiencies to the defense. We advise clients on strategies for handling individual and class actions, as well as multidistrict litigation. Our specialized knowledge of our clients' businesses, products and industries, our experience in complex litigation and our competitive rates allow us to provide high quality and cost effective services at a national level.
Pharmaceutical & Medical Devices
At Baker & Daniels, our product liability lawyers have extensive experience representing medical device and pharmaceutical manufacturers and distributors. From serving as counsel in single plaintiff matters to leading the charge as national trial counsel in multidistrict and class action litigation, we bring significant experience to bear. Our lawyers attend technical, medical and industrial meetings with clients; provide advice on labeling, warnings and packaging; and possess a network of national and international experts and local counsel.
Preventive Counseling
An important part of our role is helping clients prevent product liability lawsuits through loss prevention strategies and product liability risk management. Baker & Daniels professionals provide guidance on appropriate warning labels and instructions, drafting warranty language, reviewing sales and distribution methods, drafting liability limitation and indemnification provisions, determining whether a recall is appropriate, and reviewing insurance and other risk-management options.
We also assist clients in developing internal loss prevention procedures such as design review, document retention and government compliance programs. If a product recall is necessary, whether voluntary or government mandated, Baker & Daniels professionals develop appropriate strategies and procedures for effective recalls and minimizing product liability risk, while effectively handling related communication strategies.
Technology & Document Management
Managing information, sharing resources and providing timely advice are critical in the product liability area. Baker & Daniels has invested significant resources in the development of a state-of-the-art electronic case management system that allows our professionals and clients around-the-clock access to case information through secure, encrypted links. We also have developed media-based presentations for use in trials, mediations and dispute resolution.
At Baker & Daniels, our computerized litigation support provides consistent dissemination of company information across multiple cases. It includes effective database and tracking systems to address the review, management and production of the mass documentation often generated in product liability cases. In addition, we regularly advise clients on privacy and confidentiality issues, document creation and retention policies, and electronic discovery. Baker & Daniels professionals serve as national speakers on electronic discovery and related issues. We provide in-house seminars and counseling on document creation, retention and electronic discovery issues to product manufacturers.
Industry Leadership
Baker & Daniels' product liability lawyers hold leadership positions and are active in industry and legal organizations relevant to our manufacturing clients, including the Product Liability Advisory Council, Defense Research Institute’s Product Liability Section, the Indiana Medical Device Council, and the Indiana Manufacturers Association. We also are active in the American Bar Association’s Product Liability Committee and its subcommittees – Pharmaceuticals, Medical Devices, and Women In Product Liability.
Our lawyers regularly speak and write publicly on topics relevant to manufacturers, such as the liability risks attendant to manufacturing products that combine medical devices and pharmaceuticals, the admissibility of expert testimony in product liability cases, the discovery of electronic data maintained by manufacturers and numerous other topics.
Whether you have a simple matter or "bet the company" litigation, Baker & Daniels' professionals strive to develop and execute the most efficient and effective strategies for our clients.