Trials and Appeals
In addition to serving as national and/or regional Daubert counsel in mass tort litigation involving asbestos, breast implants, and fen/phen, David Herrick has defended a wide variety of products liability and pharmaceutical claims involving numerous drugs, medical devices, industrial chemicals, and consumer products.
Represented Texas Instruments in premises liability case in which the plaintiff alleged traumatic brain injury. Fernandez v. Texas Instruments, Inc., No. 04-10272-L, 193rd Judicial District, Dallas County, Texas.
On behalf of Exxon Mobil, obtained final summary judgment by successfully excluding on Daubert grounds plaintiff's causation experts in personal injury case in which the plaintiff alleged low platelet count from petrochemical exposure. Marsch v. Exxon Mobil Corp., 2005 WL 2246006 (E.D. Mo. 2005)
Handled Kerr-McGee's Daubert objections in personal injury case in which plaintiffs alleged neuropsychological injuries from hydrogen sulfide exposure on oil rig. Rodeghero v. Kerr-McGee Oil & Gas Corp., No. G-04-528, U.S. District Court, Southern District of Texas.
Represented Wyeth subsidiary American Cyanamid in property damage case in which plaintiff alleged crop damage from herbicide. Geye v. American Cyanamid Co., No. 35-851, 91st Judicial District, Eastland County, Texas.
Represented 3M in a personal injury case in which the plaintiff alleged kidney failure resulting from exposure to a 3M solvent. Smith v. Minnesota Mining & Mfg. Co., No. G-01-900, U.S. District Court, Southern District of Texas.
Obtained summary judgment for Pharmacia in personal injury case in which plaintiff alleged labor and delivery complications relating to off-label use of prescription drug. Wilemon v. Franklin, No. 2000-30014-211, 211th Judicial District, Denton County, Texas.
Handled Exxon's Daubert objections in a personal injury case in which the plaintiff alleged dry eye syndrome from gasoline exposure. Brumfield v. Exxon Corp., No. 97-52103, 61st Judicial District, Harris County, Texas.
Prepared Daubert and summary judgment briefing for automotive part manufacturer in airplane crash action in which automotive part was used in airplane engine. Barr v. PZL, No. 5-01-CV-241, U.S. District Court, Eastern District of Texas.
Prepared amicus brief for the Washington Legal Foundation successfully requesting rehearing en banc in a Fifth Circuit products liability case that would have weakened Daubert. Bartley v. Euclid, Inc., 169 F.3d 215 (5th Cir. 1999) (granting motion for rehearing en banc); 180 F.3d 175 (5th Cir. 1999) (en banc).
Represented bicycle distributor in personal injury case in which plaintiff alleged severe brain damage resulting from defective part subject to Consumer Product Safety Commission recall. Bettis v. Target Corp., No. 01-CV-68, U.S. District Court, Eastern District of Texas.
Prepared amicus brief for Washington Legal Foundation that successfully urged elimination of cause of action for "conspiracy to be negligent" (parties were not seeking this relief). Triplex Communications, Inc. v. Riley, 900 S.W.2d 716 (Tex.1995).