In 2011, King & Spalding partner Chilton Davis Varner and her colleagues earned a complete defense verdict for Merck in a bellwether trial in multidistrict litigation in New York involving Merck’s osteoporosis medication, Fosamax®. What was at the forefront of Varner’s mind upon hearing the verdict? Following up with client witnesses afterward to inform them of the outcome. “They are owners and stakeholders in these cases,” she said. “They should be treated as such.”
Mass tort defense cases are obviously tough on a company. What is less often considered, however, is how difficult they can be for the company’s personnel, particularly those serving as witnesses. Varner has seen this firsthand numerous times in her work with pharmaceutical companies like Merck. “Litigation is the business and the profession of trial lawyers at firms like King & Spalding, but company witnesses assume this burden on top of their job responsibilities,” she said. “They have other important work to do, people and issues to manage, and productivity standards to meet.”
Varner sees the respectful treatment of company witnesses as one aspect of a team-building spirit inherent within King & Spalding – a quality that can have a direct impact on results obtained for clients. “With mass tort litigation, it’s very rare for one firm to handle all aspects of the matter,” she said. “You work with local counsel and in-house counsel as well as company witnesses and those involved with the scientific aspects of the case. Everyone works together to get the best and most efficient outcome.”
