Trusted Defense for Complex, Multi-Plaintiff Product Liability Claims and Food Safety Disputes
Gallagher Sharp represents food producers, processors, distributors, retailers, and restaurants in food-borne illness litigation. We defend clients against claims arising from contamination incidents involving pathogens such as E. coli, Salmonella, and Listeria, as well as a consequence of other food safety issues. Our experience includes managing all types of litigation, from single cases to multi-district litigation. We handle all aspects of food-borne illness defense from presuit investigation and evidence preservation through all phases of litigation, including regulatory compliance.
Our approach combines rigorous case management with sophisticated scientific, regulatory, and legal analysis. When handling batch-related cases, we develop comprehensive case tracking systems which organize state-specific court information, plaintiff profiles, injury summaries, medical charges, case dates, and settlement status—allowing efficient coordination across multiple related actions. We conduct detailed traceback analyses to determine what specific food products plaintiffs consumed, identify tainted batches and their origins throughout the supply chain, and establish the precise point at which contamination may have occurred. We thoroughly review our clients’ compliance with applicable food safety standards, including LGMA standards, FDA, USDA, CDC, and other governing bodies, often identifying that our clients operated consistently with all safety requirements and that contamination occurred elsewhere in the production chain. We analyze jurisdictional legal issues, including variations in liability standards, damage caps, and exceptions that may apply across multiple states, to develop coordinated defense strategies and optimize settlement negotiations.
We retain specialized medical experts (including pediatric specialists and life care planners for cases involving juvenile plaintiffs and permanent injuries) and food industry experts to analyze causation, traceback analysis, and regulatory compliance. Our attorneys manage complex discovery, including the retention of experts such as physicians and industry specialists. We work strategically with co-defendants, including concerning liability allocation and applicable damage limitations. When cases proceed to trial, we develop targeted defense strategies addressing causation, liability, and damages depending on the specific facts of each case.
