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Product liability and mass tort projects frequently involve estimating the number and value of claims likely to be brought in the future against a defendant, as well as valuing claims that are already pending.
Combining scientific analysis with behavioral economics, NERA experts have developed rigorous models to forecast product liabilities. To forecast claims filings, we estimate the size of the population potentially exposed to a company’s product; predict levels of valid diseases or the most likely pattern of product defects; and project the number of claims filed by those affected by the exposure. Because not every injury or product defect will result in a claim, we examine historical claiming rates and assess how those rates may change in the future, e.g., with publicity, increased entrepreneurial tactics by plaintiffs attorneys, or tort reforms. To value the future claims, we uses statistical analysis to understand the drivers of the historical settlements, as well as how they might be expected to change going forward (with, for example, the aging of the claimant population).
Among other applications, NERA experts use such forecasts to establish the size of bankruptcy trusts, assess the value of insurance coverage, or help companies establish financial reserves. We frequently discuss and support the results with the companies’ auditors. We have provided analysis as part of the due diligence process for potential mergers and acquisitions--assessing existing liability estimates as well as providing projections that may include upper and lower bounds in addition to a “best estimate.” We have also helped clients evaluate potential changes to their litigation strategy by modeling the costs and benefits of alternative strategies and the anticipated impact on claim filings and settlement values.
Name | Title | Location | Phone | |
---|---|---|---|---|
Lucy P. Allen | Managing Director | New York City | +1 212 345 5913 | lucy.allen@nera.com |
Dr. Denise Neumann Martin | Managing Director | Miami | +1 305 808 7880 | denise.martin@nera.com |
Dr. Faten Sabry |
Managing Director
Chair of NERA's Global Securities and Finance Practice Bankruptcy Practice Chair |
New York City
London |
+1 212 345 3285
+44 20 7659 8618 |
faten.sabry@nera.com |
Dr. Stephanie Plancich | Director | New York City | +1 212 345 7719 | stephanie.plancich@nera.com |
Mary Elizabeth C. Stern | Director | White Plains, NY | +1 914 448 4054 | mary.elizabeth.stern@nera.com |
Drew Claxton | Associate Director | New York City | +1 212 345 3442 | drew.claxton@nera.com |
Timothy McKenna | Associate Director |
Los Angeles
New York City |
+1 213 346 3041
+1 212 345 3000 |
timothy.mckenna@nera.com |
Janeen McIntosh | Senior Consultant | New York City | +1 212 345 1375 | janeen.mcintosh@nera.com |
Dr. Kent Van Liere | Affiliated Consultant | San Francisco | +1 415 291 1000 | kent.vanliere@vanliereconsulting.com |
Title | Date | |||
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Asbestos Litigation Risks: How Recent Changes in Asbestos Landscape May Affect Your R... | 14 March 2019 | |||
2017 Women in Litigation Joint Conference | 15 November 2017 | |||
Product Liability and Environmental Law Seminar | 21 October 2011 | |||
EECMA Spring 2011 Meeting and Conference | 11 May 2011 | |||
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Title | Date | Type | ||
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NERA Economic Consulting Announces Senior-Level Promotions | 28 July 2022 | Press Release | ||
NERA Experts Promoted to Managing Director and Director | 15 February 2022 | Press Release | ||
NERA Economic Consulting Announces Senior-Level Promotions | 23 February 2021 | Press Release | ||
NERA Economic Consulting Opens Office in Miami, Florida | 14 November 2017 | Press Release | ||
NERA Economic Consulting Recognized in Who’s Who Legal: Consulting Experts Guide | 06 October 2016 | Press Release | ||
Asbestos Claims, Indemnity Payments Down: Report | 17 July 2009 | Media Coverage | ||
Lucy P. Allen Named Chair of NERA's Mass Torts and Product Liability Group | 14 December 2007 | Press Release | ||
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