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Published on: 2/24/1999
Last Visited: 11/21/2001
"Eighty to ninety percent of litigation costs are judgments and settlements [while] only 10 to 20% are fees and expenses," says Gary J. Spahn, co-chair of the Products Liability Team."Therefore, the most significant factor in reducing costs is winning cases or favorably settling them as soon as possible."
In the last 12 months, the Products Liability Team has obtained summary dismissals or very favorable settlements of several products liability claims, including eight lawsuits involving pedicle screw implants (medical device) and five other lawsuits involving a variety of products and significant liability exposure.The team currently serves as the Virginia counsel for major defendants in fen-phen diet drug litigation and pedicle screw litigation, two of the largest mass tort litigations in the country.
How does the Products Liability Team maintain such an excellent batting average?
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For example, Spahn wrote the only current treatise on Virginia products liability law in 1990 and has released updated versions every year.Team co-chair Dabney Carr also edits an annual update on Virginia products liability law containing articles on current products liability issues written by members of the Products Liability Team.
"Our lawyers know the ramifications of a products liability suit that may go beyond a particular case," says Spahn."The lawyers on our team are required to be involved in professional and business associations, to write articles and to give speeches so they learn on their time, not the client's time.Knowing what the cutting edge issues are helps us better evaluate a case, give clients good advice and save clients money."
Another way that the Products Liability Team maximizes its success is to treat clients as partners.The team keeps clients informed at every stage of the litigation process and involves them in all significant strategic, tactical and procedural decisions.It presents a case budget early in the process, then regularly produces status reports using state-of-the-art case management technology.
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"Manufacturers focus on making valued products and marketing them, but some don't have a sense of the product liabilities they face," concludes Spahn."For example, a major pharmaceutical company made only a small profit on a single medical device and that one product drove them into bankruptcy.Manufacturers need to know how to protect themselves, or at least mitigate their exposures.They need an expert with an outside perspective to help identify and address potential product liabilities."
Sidebar Three Members of the Products Liability Team:
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Gary J. Spahn, co-chair of the Products Liability Team, has 20 years of experience as a trial lawyer.Spahn has defended American Home Products Corporation, Bayer Corporation, Hamilton Beach/Proctor-Silex and many other manufacturers against products liability lawsuits.In addition, he has lectured for the National Business Institute and the Virginia Manufacturers Association on products liability issues and tort reform legislation and wrote the only current treatise on Virginia Products Liability law in 1990.He is a member of the Products Liability Advisory Council, composed of products liability trial lawyers and national manufacturing companies.
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Gary J. SpahnPartnerRichmond OfficePersonal Injury and Products Liability
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Gary Spahn joined the firm after a two-year federal clerkship.He tries cases in state and federal trial and appellate courts in the areas of products liability and personal injury, commercial tort, toxic tort, hazardous waste and insurance.He also counsels in products liability safety, prevention and risk management and practices before the Consumer Products Safety Commission.
Spahn handles complex litigation involving wrongful death, catastrophic bodily injury and large commercial property damage claims.Examples of cases he has successfully handled include:
Serving as managing counsel in automatic coffeemaker litigation for a leading appliance manufacturer involving hundreds of claims and lawsuits nationwide, various coverage issues, prosecuting third party claims against component parts suppliers and planning and implementing a nationwide recall of several hundred thousand coffeemakers Serving as Virginia trial counsel for major international pharmaceutical companies in the multi-district Fen/Phen diet pill litigation and wrongful death litigation involving hemophiliacs who allegedly were terminally infected with the AIDS virus from tainted plasma products and for major medical device manufacturers in what has become known as the "pedicle screw" multi-district products liability litigation and the latex glove toxic tort litigation Obtaining summary judgments in multi-million dollar toxic tort litigation (chemical exposure / blindness) and medical device litigation (fetal monitor / infant death) Obtaining for another major pharmaceutical company a nominal settlement of a $5 million suit which was brought by a physician who allegedly became paralyzed from injection of a defective influenza vaccine manufactured by the company
Spahn is co-author of the well recognized treatise, Virginia Law of Products Liability.He is co-chair of ABA Litigation Section's Pharmaceuticals and Biologicals Sub-committee and an active member of the Products Liability Advisory Council, International Association of Defense Counsel and Association of Defense Trial Attorneys.
EducationB.A., Long Island University, 1971J.D., University of Richmond, 1975M.A., Long Island University, 1976
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