Before 2006, when the Centers for Disease Control and Prevention reported a link between ReNu Moisture Lock saline solution and a fungal eye infection called fusarium keratitis (prompting recall of the product), Bausch & Lomb Inc. had never been the target of mass tort litigation. It had also never hired Shook, Hardy & Bacon, the venerable Kansas City, Missouri-based product liability firm.
“It was important to find a firm that could support the defense of multiple actions in multiple jurisdictions,” recalls A. Robert Bailey, Bausch & Lomb’s general counsel. Shook won the work over better-known East Coast firms, he says, because it “has a deep and broad bench.” It also helped, he says, that the firm, which pushed hard for the assignment, was “more cost-efficient” than its competitors.
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