Product Liability and Mass Torts

Asbestos and Other Toxic Torts

Unquantified toxic tort liability can create financial uncertainty that can damage a firm's stock price, its future earnings, and possibly its prospects for survival. Experts in NERA's Product Liability and Mass Torts Practice have been analyzing issues related to toxic torts for 20 years. We bring together the required disciplines--including economics, statistics, accounting, epidemiological modeling, computer programming, and insurance modeling--to address complex valuation problems that arise in mass torts and product liability matters. Our work encompasses a broad array of industry sectors and product lines, including:

• Asbestos, silica, and mixed dust
• Industry chemicals, including beryllium and manganese
• Food additives, including diacetyl
• Mold
• Ground water contamination
• Automotive vehicles and products
• Building products
• Pharmaceuticals and medical devices
• Tobacco
• Firearms

NERA experts have developed claims forecasting models, which often rely on epidemiological studies or product failure rates, as well as behavioral economics. We have experience projecting newly emerging torts (with limited data and uncertain filing patterns) and more mature torts (in which filing and settlement trends may be more stable). With respect to an established tort such as asbestos, our experience with estimation across many different industries and geographic areas allows us to monitor current trends in filing and settlement patterns and adjust our forecast assumptions accordingly.

We also have an expertise in capturing, coding, and organizing claim files, as well as developing protocols to avoid data errors or bias. Using rigorous statistical techniques, we are able to determine whether the coded sample is representative of the population and, if so, can make observations about the characteristics of the population, e.g., types of product failures or claimed exposure.

Our experts have testified in bankruptcy hearings and insurance disputes. We have presented our analysis to Boards of Directors, risk managers, insurance counsel, and companies contemplating an acquisition. We have supported our analysis before companies’ auditors and have helped companies respond to questions from the SEC.