Product Liability & Mass Torts

BRG experts have worked on a broad range of matters relating to alleged product defects and failure to warn, including in the context of mass torts. We specialize in the assessment of causation and liability and quantification of damages; as well as analysis of harms across large populations, including economic losses, property damage, loss of use, enhanced risk, and personal injury. We also have experience in the valuation of aggregate contingent liabilities in bankruptcy and related proceedings.

Our expertise spans a comprehensive range of analytical tools, tailored to the unique demands of each case. We conduct thorough market analyses to understand product reach and the economic impacts of alleged product defects, develop econometric models to identify causal links between product use or exposure and claimed damages, and estimate aggregate damages using robust statistical techniques and large datasets. In the context of widespread and long-lived toxic exposures, we produce long-term forecasts to assess defense liability for long-tail claims, simulate disease incidence based on epidemiological models, and develop appropriate benchmarks. We have also conducted statistical analyses of the impact of events and trends on claims values and patterns.

We combine these tools with our deep understanding of consumer and market behavior using conjoint and survey analysis and discrete choice experiments to ensure that our analyses account for all relevant facts surrounding a product’s design, manufacture, marketing, and use.