Grimshaw v. Ford
Issue: 13-year-old Richard Grimshaw suffered severe burns in 1972 when the three-month-old Pinto he was riding in burst into flames in a rear-end collision. Lilly Gray, driver of the Pinto, died after the accident.
Robinson wrote: “In 1973, Ford’s engineers created a cost-benefit analysis outlined in what has come to be known as the ‘let them burn memo.’ The memo outlined the actual mathematical calculation used by the company to weigh the cost of human life against the cost of implementing safety design in the car. It showed the company knew its actions would result in burns and deaths. Yet, Ford triumphantly rolled out the Pinto anyway as ‘The Little Carefree Car.’”
1978 Verdict: $128 million
Notable: At the time, it was the single largest verdict ever in a personal injury case. Robinson noted the case was tried in Orange County, which at the time was more conservative and tended to favor corporations more than plaintiffs.
“Companies have to be careful what they do now. Pinto had an effect on companies and how they operate. I saw documents in other cases where the companies said they don’t want to be another Pinto.
“I do think companies want to do the right thing. Once in a while, there are exceptions. People lose a loved one, are burned up or needlessly crippled. The Pinto case certainly woke up Ford.”
Anderson v. General Motors
Issue: Patricia Anderson, her four children and a family friend were returning home from a Christmas Eve church service in 1993 when her Chevy Malibu was rear ended by a drunk driver, the gas tank exploded and the six were badly burned.
1999 Verdict: Los Angeles jury awarded $4.9 billion, which was called the largest award ever in personal injury lawsuit.
Aftermath: Judge reduced award to $1.09 billion.
Notable: The key was discovery of a company memo that estimated a cost of $2.40 a car, or almost $200 million in total, to fix the problem and that memo valued each human life at $200,000.
Barnett v. Merck
Issue: Gerard Barnett, 62, took the arthritis drug Vioxx regularly for 55 months and suffered a heart attack.
2006 Verdict: $51 million
Notable: Drugmaker Merck later voluntarily recalled Vioxx, citing studies showing increased risk of heart attacks.
Echeverria v. Johnson & Johnson
Issue: Eva Echeverria, 64, blamed her ovarian cancer on Johnson & Johnson talcum baby powder, which she began using when she was 11 years old. Robinson cited 20 studies that link talc to an increased use of ovarian cancer.
2017 verdict: $417 million
Notable: Robinson said it’s his largest verdict ever for single plaintiff.
Aftermath: Judge Maren Nelson overturned the verdict based on criteria including insufficient cause, legal error, jury misconduct and excessive damages. J&J says ovarian cancer isn’t caused by “cosmetic-grade talc we have used in Johnson’s Baby Powder for decades.”
Status: Now before appeals court, which may decide issue this year. Meanwhile, Robinson has 300 other clients ready to sue.
Notable: A Missouri jury last July ordered J&J to pay $4.69 billion to 22 women who said asbestos in talc caused ovarian cancer.
Imerys Talc America Inc., the company that actually got the talc out of the mines to supply J&J, declared Chapter 11 bankruptcy in February, saying it doesn’t have the financial clout to defend itself against 15,000 lawsuits.
Opioid Lawsuits
Issue: Robinson is suing five companies, including Purdue Pharma LP, that have sold prescribed opioids that are causing unnecessary deaths.
“They created the illusion that these drugs are safe and are not addicting,” Robinson said.
Latest: Purdue faces lawsuits from 1,600 cities, counties and municipalities, said considering Chapter 11 bankruptcy to resolve litigation, according to Wall Street Journal.
Notable: Purdue is no longer actively marketing OxyContin to U.S. doctors, WSJ said.
Las Vegas Shootings
Issue: Shooter in Mandalay Bay Hotel targeted nearby concert, killing 58 and wounding 850. Owner MGM Resorts is being sued in case that is now in mediation. Robinson represents 1,230 plaintiffs out of 3,500 to 4,000 altogether.
“I have a very good case. That’s all I can say.”
California Wildfires and PG&E
Issue: Plaintiffs contend PG&E poorly maintained power lines that sparked massive fires over a two year period in California.
Status: PG&E declared Chapter 11 bankruptcy in January.
Notable: CEO quit in January. Board to replace half of its 10 directors.
Update: Robinson expects state to step in to help resolve the case.
Toyota Acceleration
Issue: Robinson represented nine Utah plaintiffs who sued Toyota when a Camry killed two people.
Status: Case settled. Toyota said “we continue to stand fully behind the safety and integrity of Toyota’s Electronic Throttle Control System, which multiple independent evaluations have confirmed as safe.”
Notable: Toyota agreed to a $1.3 billion settlement with the U.S. government to resolve hundreds of lawsuits over the issue.
— Peter J. Brennan
