Adrienne brings valuable knowledge of business goals and corporate vision into her litigation practice. Adrienne defends manufacturers. She is a litigator. She counsels her clients from product inception and development through trial. Adrienne’s work focuses on medical devices, women’s health, airway support, animal health, and biomaterials, as well as liability in the context of the practice of medicine. Her product liability experience also includes consumer and personal care products, food and beverage labeling, Proposition 65, slackfill, component part manufacturing, design and construction, fire cause and origin, and fighting mass tort fraud and abuse.
Adrienne helps her clients avoid litigation by benchmarking industry best practices, forecasting and mitigating risks, and resolving conflicts early. In 2016, she was on loan with a global pharmaceutical and medical device manufacturer, handling mass tort, personal injury, and commercial cases. She has expertise dealing with U.S. and foreign regulators, media, sales, marketing, medical affairs, patient advocacy and public policy, suppliers, and insurance claims resolution. With in-house perspective, Adrienne’s practice embodies her clients’ corporate vision.
Adrienne’s work includes serving as national coordinator of high-stakes product liability litigation, representing major product manufacturers on trial teams, and managing large dockets and teams in federal multidistrict litigation. She defines early case strategy by how a lawsuit will be won at trial. She regularly takes and defends depositions, prepares witnesses, argues motions, and negotiates settlements. She enjoys the narrative, investigative, and creative aspects of the practice of law.
Outside the courtroom, Adrienne is committed to advancing women and diverse attorneys in the legal profession, as well as mentoring young lawyers.
Jury trials. Adrienne has been a trial team member in a number of cases, including:
- a three-week bellwether pelvic mesh injury trial that concluded in the first defense jury verdict for any mesh manufacturer (Albright v. Boston Scientific Corp.); and
- a three-week pelvic mesh jury trial in Texas (Salazar v. Boston Scientific Corp.).
Appeals. In one notable example, Adrienne and her team persuaded the U.S. Court of Appeals for the Eighth Circuit that multiple groups of fewer than 100 plaintiffs filing suit in the city of St. Louis and seeking joint trials created federal jurisdiction under the Class Action Fairness Act. (Atwell v. Boston Scientific Corp., 740 F. 3d 1160 (8th Cir. 2013))
Pretrial successes. Adrienne and her teams recognize that early legal and discovery victories can narrow litigation before trial. Notable successes include:
- Melvin v. Wal-Mart, No. 11-2542 (M.D. Fla. 2013) (granting motion to compel financial information on a proof of purchase)
- Smothers v. Boston Scientific Corp., No. 12-4078, WL 3495977 (S.D. W.Va. July 11, 2014) (dismissing case on statute-of-limitation grounds)
- In re Boston Scientific Corp. Pelvic Mesh Repair Sys. Prods. Liab. Litig., No. 12-2326 (granting motion to compel against medical lien company involved in scheme to fund device removal surgeries); and
- Thornton v. Blitz, 850 F.Supp.2d 1374 (S.D. Ga. 2011) (denying plaintiff's motion for sanctions and finding that no evidence that any relevant material was destroyed as a result of failure to implement a litigation hold).
Bryan Pratt, Adrienne Hernandez and Amanda Tamayo, Emerging Theories of Product Liability, Shook, Hardy & Bacon's 11th Annual Update of the Law (2014).
Bryan Pratt and Adrienne Hernandez, Inside the Courtroom on Class Certification, Litigation Exchange, New York (2013).
Mark Hegarty and Adrienne Hernandez, Clinical Trials on Trial, Drug Information Association Annual Meeting, June 24-28, Philadelphia, 2012.
Mark Hegarty and Adrienne Hernandez, Clinical Trials on Trial, Drug Information Association Annual Meeting, June 19-23, Chicago, 2011.