Product Liability

In re Acetaminophen – ASD/ADHD Products Liability Litigation, MDL 3043 (S.D.N.Y.); Davey v. Johnson & Johnson Consumer, Inc., et al. (Cal. Super. Ct.)
Representing multiple parties including Johnson & Johnson in multidistrict and state court litigation alleging personal injuries from maternal use of Tylenol during pregnancy, in which the federal court excluded all of plaintiffs’ experts under Daubert. Kirkland secured summary judgment in full in state court on similar grounds (plaintiffs’ theory lacks scientific support). Representation ongoing.

In re Oral Phenylephrine Marketing and Sales Practices Litigation, MDL 3089 (E.D.N.Y.; 2d Cir.)
Representing Haleon U.S. Holdings LLC in industry-wide multidistrict litigation asserting consumer fraud claims relating to sale of over-the-counter cold medicine that contains phenylephrine, a nasal decongestant. Kirkland led the joint defense effort with respect to the motion to dismiss briefing and argument, leading to the Court’s dismissal of all claims on preemption and standing grounds. Pending appeal.

Pelvic Mesh Litigation
Representing Ethicon, Inc. and Johnson & Johnson in product liability litigation concerning pelvic mesh. Kirkland attorneys have helped to secure defense verdicts in each of the eight most recent jury trials. Kirkland continues to serve as trial counsel in this litigation, including two upcoming trials in 2026, as well as strategic expert and company witness work up. 

In re Exactech Polyethylene Orthopedic Products Liability Litigation, MDL 3044 (E.D.N.Y.)
Represented TPG Inc. and its affiliates in multidistrict mass tort product liability litigation alleging TPG portfolio company, Exactech, designed and manufactured defective knee, hip and ankle implants. Plaintiffs tagged TPG into the case on indirect liability theories of veil-piercing and successor liability. Kirkland secured a significant victory for TPG and its affiliates, winning dismissal of 160+ cases against TPG.

In re Elmiron (Pentosan Polysulfate Sodium) Products Liability Litigation, MDL 2973 (D.N.J.)
Lead Defense Counsel and National Coordinating Counsel to Janssen Pharmaceuticals in multidistrict litigation alleging that long-term use of the prescription drug Elmiron® results in unique vision-related issues. Oversaw the strategic development of all aspects of the cases and responsible for coordination across multiple jurisdictions. Representation ongoing.

Martin, et al. v. Actavis, Inc., et al. (N.D. Ill.; 7th Cir.)
Represented Actavis, Inc. (n/k/a Allergan) and certain of its affiliates in litigation concerning allegations of injuries regarding Androderm®, a testosterone replacement therapy (TRT) drug. After less than one hour of deliberation, a seven-person jury returned a unanimous defense verdict for Actavis following a two-week trial. Kirkland later defeated plaintiff's motion for a new trial. Verdict affirmed on appeal with costs.

Owens, et al. v. Johnson & Johnson, et al. (Cal. Super. Ct.)
Lead defense counsel for Johnson & Johnson in coordinated California proceedings concerning talcum powder. Kirkland secured a full defense verdict in the second ovarian cancer bellwether trial.

In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, MDL 2738 (D.N.J.)
Representing Johnson & Johnson in multidistrict litigation in New Jersey federal court as well as numerous state court coordinated matters totaling over 65,000 plaintiffs alleging they contracted ovarian cancer from exposure to Johnson’s Baby Powder. Representation has covered case work up, trials, appeals, interaction with federal agencies, congressional hearings and media appearances. Following a two-week Daubert general causation hearing, the court denied all of the plaintiffs’ challenges to Johnson & Johnson’s experts and excluded significant proffered testimony from two of the plaintiffs’ experts. Representation ongoing.

VanCleave, et al. v. Abbott Laboratories (Cal. Sup. Ct.)
Represented Abbott in putative class action challenging Abbott’s labeling statements on its PediaSure products. Kirkland defeated class certification and secured a full defense verdict after a four-week trial.

Martinez v. Kraft Heinz Company, Inc., et al. (E.D. Pa.)
Represented Mondelez International in personal injury case in which plaintiff alleged harm from “ultra-processed foods.” Achieved dismissal of the case and defeated plaintiff's motion to amend.

In re 3M Combat Arms Earplug Products Liability Litigation, MDL 2885 (N.D. Fla.; 11th Cir.)
Representing 3M Company and its subsidiary Aearo Technologies in products liability litigation concerning 3M’s allegedly defective dual-ended Combat Arms Earplugs™ version 2 (CAEv2). To date, thousands of actions have been filed related to the product throughout the United States in both federal and state courts. Kirkland has secured six complete defense verdicts for 3M.

In re Juul Labs, Inc., Marketing, Sales Practices and Products Liability Litigation, MDL 2913 (N.D. Cal.; 9th Cir.)
Trial counsel and co-lead defense liaison counsel in MDL and related state cases brought by consumers, schools, attorneys general and municipalities alleging personal injury and economic damages related to e-cigarette product and marketing. Filed successful Rule 23(f) petition for review of an order certifying two economic-harm classes made up of consumers who used Juul’s products. Parties entered into a global settlement shortly after the 9th Circuit agreed to review the certification order.

PFAS Litigation Advice (Various)
Advising DuPont in personal injury and environmental contamination lawsuits related to PFAS, including acting as settlement counsel for DuPont in the aqueous film forming foams (AFFF) South Carolina MDL. DuPont secured a $1.1 billion settlement agreement resolving all claims brought by public water systems serving the majority of the U.S. population.

Plastics Industry Litigation and Investigation
National lead counsel to a major petrochemical company in connection with civil litigation and related government inquiries into the recyclability of plastic waste. These claims, which generally allege that the industry misled consumers and policy makers by promoting recycling as a false solution to waste management, involve complex legal and scientific issues set against a backdrop of decades of evolving historical conduct. The pending litigation includes a purported nationwide class action alleging claims under federal antitrust and state consumer fraud, nuisance, trespass and product liability law. 

1,4-Dioxane Product Liability Litigation 
Kirkland is Dow’s national counsel in litigation over the alleged presence of 1,4-dioxane in groundwater. Drawing on decades of experience in products-related environmental claims, Kirkland has directed the development of the company’s legal, factual and scientific defenses in over thirty separate cases across multiple jurisdictions alleging negligence, strict liability, nuisance and trespass claims as well as state-wide claims for natural resource damages. Kirkland oversees all aspects of the docket and will serve as trial counsel when the lead action is set for trial.

Dorsey, et al. v. Eastman Chemical Co. (E.D. Tex.)
Representing Eastman Chemical Company in litigation brought by plaintiffs alleging personal injuries from exposure to ethylene oxide (EtO) emissions from Eastman's facility in Longview, Texas.

Union Carbide Asbestos Litigation (Various)
For over 20 years, members of the Kirkland team have served as National Coordinating Counsel and Trial Counsel for the only domestic supplier of chrysotile asbestos in the sprawling national asbestos litigation. UCC sees well over 10,000 new claims filed each year in every state and territory in the country. Our team handles the strategic work up of the cases from filing to trial to appeal, including factual investigation, expert development, theme testing, settlement negotiation and everything in between.