Defective Drugs & Products

Silver Golub & Teitell obtained a verdict and award of $28 million for an injured smoker suffering from effects of smoking-related larynx cancer, the first smoker’s case to come to trial in Connecticut and the first jury verdict ever returned against a tobacco company in New England history. In 2018 a Federal District Court judge awarded punitive damages and interest, bringing the total judgement to $52.4 million.

The case was Izzarelliv. R.J. Reynolds Tobacco Company, No. 99-CV-2338 and was brought in the United States District Court for the District of Connecticut before Hon. Stefan R. Underhill.

Silver Golub & Teitell served as lead private counsel for the State of Connecticut from 1996-98 in its action against the American tobacco companies alleging that they were engaged in wrongful advertising and marketing of cigarettes and other tobacco products in Connecticut. Connecticut’s was part of the nationwide litigation which resulted in the November 1998 Master Settlement Agreement (“MSA”) for $246 billion being entered between plaintiffs and the four major tobacco companies Philip Morris USA, R. J. Reynolds, Brown & Williamson Tobacco Corp., and Lorillard.

The terms of the MSA provided for Connecticut to receive $3.6 billion. Additionally, the leading role of Connecticut’s counsel (led by SGT) in the nationwide litigation was specifically recognized by a special panel of former attorneys general, which concluded that the contribution of Connecticut’s legal team to the national litigation and settlement warranted that the State receive an additional $370 million of the national settlement proceeds, bringing the total recovery to nearly $4 billion.

The case was State of Connecticut v. Philip Morris, Inc., et al., No. X02-CV-960148414S

SGT is playing a leading role nationally in litigation against several baby food producers alleging violations of consumer protection statutes arising out of the companies’ failure to disclose that their products—meant for consumption by the most vulnerable members of our population—contained unsafe levels of toxic heavy metals.

SGT Partner Steven L. Bloch currently serves as court-appointed co-lead counsel in In re: Beech-Nut Nutrition Company Baby Food Litigation, 1:21-cv-00133-DNH-CFH (N.D.N.Y), and is a court-appointed member of the Plaintiffs’ executive committee in Wilson et al v. Walmart Inc. et al, No. 3:21-CV-00082 (E.D. Ark.) against Walmart, and in In re Plum Baby Food Litigation, Case No. 21-cv-02417 (D.N.J.). against Plum Organics and Campbell’s Soup Company.

SGT Partner Ian W. Sloss serves in a court-appointed leadership committee role and on the discovery committee in litigation against Philips North America LLC, Philips Respironics North America LLC, and the Dutch parent entity arising out of Philips’ recall of CPAP, BiPAP, and mechanical ventilator devices due to the presence of a dangerous PE-PUR Foam that could cause users to suffer adverse health effects. These actions seek to recover damages against Philips based on, inter alia, Philips’ negligence, breach of contract, breach of express warranty, breach of implied warranties, and breaches of various state consumer protection laws in connection with its manufacture, marketing and sales of devices containing PE-PUR Foam on behalf of plaintiffs and the proposed classes.

SGT has played a leading role in this litigation, filing the first action in the United States against Philips. The cases were consolidated for pretrial proceedings before Senior United States Judge for the Western District of Pennsylvania, Judge Joy Conti. The case is In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, No. 21-cv-01230 (W.D. Pa.).