Proof Of Performance
Gary Douglas said the consortium’ s PFAS experience matters not because of headlines, but because of how the work was done.
“ Our consortium has been working together for more than a decade on some of the most consequential and complex cases, with some of the greatest successes, including landmark, recordsetting verdicts,” Douglas said.“ Often in MDLs, firms that don’ t know each other are forced to work together, and that creates inefficiency.”
By contrast, Douglas said, the lawyers involved here have already tested their working relationships under intense pressure.
“ The firms and lawyers in our consortium have been in the trenches together, standing shoulder to shoulder in some of the most complex and challenging trials and the biggest litigations in the last 20 years, with record-breaking results,” he said.
Those shared experiences created a level of coordination that cannot be replicated quickly.
“ It’ s to the point where when we’ re together, we almost don’ t even have to say anything,” Douglas said.“ Each team member already knows their role.”
That element of coordination proved decisive during PFAS litigation, even under extraordinary circumstances.
“ During the pandemic, locked down, we nonetheless completed over 150 depositions, reviewed millions of pages of documents, and ultimately secured the largest water contamination settlement in American jurisprudence history,” Douglas said.“ We are, in a nutshell, the most finely tuned machine in the MDL world.”
Gary Douglas( far left) and Ned McWilliams( far right) are members of the 1,4-Dioxane consortium, along with Wes Bowden, of Levin Papantonio, and Michael London and Rebecca Newman, of Douglas & London( not pictured). The photo, also depicting actor and activist Mark Ruffalo and attorney Rob Bilott, was taken at the international premiere of” How to Poison a Planet,” in New York City. The documentary film tells the story of PFAS contamination, the injuries it has caused, and the attorneys who have fought to obtain justice for victims. Pictured in the center with a green ribbon is Michael Strande, father of Amara Strande, a Minnesota woman who died at age 20 from cancer. Toxic chemicals, particularly PFAS, were linked to Strande’ s cancer diagnosis.
“ Now is actually the perfect time for water systems to bring cases related to 1,4-dioxane,” Newman said.“ Many water systems that have PFAS contamination also have 1,4-dioxane contamination, and from an engineering efficiency perspective, it makes sense to design treatment systems that account for both.”
These systems, she emphasized, are extraordinarily expensive.
“ Having the opportunity to have some of the funding come from the polluters rather than the water system’ s customers is paramount,” Newman said.
Referral, Not Reinvention
Despite the emphasis on collaboration, Douglas was clear that the consortium’ s goal was for firms to refer their dioxane cases to the group. If a firm has a relationship with a water provider but no experience in water contamination cases, Douglas emphasized that referral a better option than trying to build something themselves.
According to Douglas, lawyers who attempt to go it alone often underestimate what these cases require.
“ Some of the risks lawyers overlook are the ever-burgeoning costs, the resources required, the contacts needed to retain world-renowned experts, and most of all the experience and reputation required to take on the biggest corporations in the world,” Douglas said.
Referral, he explained, protects both the client and the referring firm.
“ There is no consortium of law firms more well-equipped, experienced, resourced, and well-funded to take on these challenges than ours,” Douglas said.
Why Water Providers Come First
As with the PFAS playbook, the 1,4-dioxane litigation begins with public water systems, not personal injury claims. McWilliams explained that because these utilities are tasked with providing clean drinking water to their communities, they are the ones sustaining immediate damages.
However, Rebecca Newman offered one point of distinction with earlier PFAS litigation: Utilities are in a stronger position now than they were in the early PFAS years.
What Comes Next
For firms with relationships with municipalities or water providers, the dioxane consortium members agree that the first step is straightforward.
“ Reach out to us,” McWilliams said.“ Tell us where you have contacts. We can tell you if the chemical is there and what the levels are.
“ PFAS worked,” he added.“ This is PFAS part two.”
62 The Trial Lawyer