Product Liability – Recent experience
Recent product liability experience includes:
Agriproducts and chemicals
Representing Ridley in a series of class actions
brought by Canadian farmers in relation to mad cow disease, for Incitec Pivot in
relation to a series of actions commenced by farmers because of their use of
dieldrin-impregnated fertilisers, and for Du Pont in one of the biggest ever
product liability cases in Australia regarding the product Benlate fungicide.
Blood products
Played a pivotal role in advising The Australian Red Cross
Society, Commonwealth and state governments and insurers in multi-claimant
litigation and alternative dispute resolution relating to alleged viral
transmissions through Australian and New Zealand blood products. We have also
advised US, UK and Canadian lawyers and foreign government commissions of
inquiry.
Pharmaceuticals
Handling a wide variety of claims and other issues for clients
including GSK and Astra Zeneca. We have acted in the pharmaceutical area on such
matters for many years, commencing with the Thalidomide cases in the 1960s and
1970s. We have also provided recall advice on a range of pharmaceutical products
including the product tampering issues that affected the paracetamol products of
Herron and (then) Smith Kline Beecham.
Building and construction
Successfully advising Du Pont (Australia) in a
number of matters, including a product liability action concerning Standox
acrylic paint. We also advised various companies in the James Hardie Group on
product liability matters and commercial litigation arising from its manufacture
and supply of asbestos-containing products. This involved complex medical,
scientific and legal issues, and test cases in the NSW Court of Appeal and the
High Court of Australia.
Consumer products
Acting for various clients manufacturing, distributing or
selling products such as toys, clothes, whitegoods, paint and sporting goods. We
acted for an international toy manufacturer in various product liability
disputes, as well as the Warehouse Group in relation to safety compliance of
imported products. We also acted for the Coles Group in a contractual dispute
with Mistral concerning Mistral's liability for faulty and allegedly faulty
goods which it supplied to Coles (K-Mart). We recently acted for Miele in a
vacuum cleaner product recall in both Australia and New Zealand, after a safety
issue and potential fire risk was identified.
Coronial inquests
Acted for Rail Infrastructure Corporation (and its
predecessor Rail Access Corporation) on the Waterfall and Glenbrook Rail
Inquiries in defending claims arising from those incidents.
Food and beverage
Handling a wide variety of claims and other issues in this
product area. Our clients manufacture many of Australia's leading brands and
include Kraft Foods, Cadbury Schweppes, Fosters, Sara Lee, George Weston Foods
and Smith's Snackfoods.
Gaming
Advising gaming clients on potential suits brought on behalf of
plaintiffs alleging addiction.
Lead contamination
Acted for Pasminco in one of Australia's largest class
actions concerning emissions from its smelters.
Motor vehicles
Advised manufacturers, including Ford, DaimlerChrysler, Toyota
and Porsche, about passenger and commercial motor vehicle product issues,
including product recalls.
Tobacco
As national legal advisers to Philip Morris, we have represented the
company in some of the largest and most complex, multi-claimant actions pursued
in Australia and assisted in addressing numerous issues involving Commonwealth,
state and territory governments and regulators. We also acted for Philip Morris
in Australia's first and only class actions brought against Australian tobacco
manufacturers. The class actions were brought on behalf of smokers and the
Tobacco Control Coalition and were wholly unsuccessful.
Breast implants
Acted for Dow Corning Australia and Dow Corning Corporation
(US) in international breast implant class actions alleging negligent design of
silicone breast implants and failure to warn the purchasers of the risks
involved.
|
