M&C Team Obtain Summary Judgment in Product Defect Case

Congratulations to Senior Partner Guy R. Gruppie, Partner Matthew E. Voss, and Associate Partner Julie A. Esposito on their summary judgment victory in the Van Nuys branch of the Los Angeles Superior Court. The team successfully defended a pharmaceutical company in a case alleging product defect/failure to warn.

The lawsuit stemmed from a claim by the plaintiff, who alleged permanent burns from using a popular heat patch for pain relief. After careful legal strategy, the court granted summary judgment, concluding that the plaintiff failed to adequately establish a failure to warn as the legal cause of the injuries. The plaintiff previously rejected the defendant’s Statutory Offer to Compromise, enabling our client to recover expert expenses in addition to prevailing party costs.

This marks the second major dispositive motion victory in as many years for Mr. Gruppie and Mr. Voss on behalf of our insurance client, following a prior partial dismissal secured for an international entertainment company. Ms. Esposito played a pivotal role in shaping and implementing the early discovery strategy, which included obtaining records from the plaintiff’s primary care physician confirming the heat patches were used in a manner inconsistent with the product’s instructions.