Erin M. Bosman

Erin M. Bosman

Partner

San Diego, (858) 720-5178

Education

University of San Diego (B.B.A., 1994)
University of San Diego School of Law (J.D., 1999)

Bar Admissions

California

Erin Bosman is chair of the firm’s Product Liability Practice Group. Erin is also on the board of directors of Morrison & Foerster LLP and chair of the firm’s Consumer Products and Retail Industry Group. She provides insightful and tailored advice to her clients on a broad range of product issues from mass tort litigation defense to risk assessment and product recalls.

Her clients value her litigation acumen, retaining her as national coordinating and trial counsel in class action cases and multijurisdictional and multidistrict proceedings. Her skills in the courtroom have led to successful jury verdicts and winning arguments before the Second Circuit and California Court of Appeal. A skilled negotiator, Erin has secured dismissals and favorable settlements on behalf of countless clients.

Erin is well versed in MDL procedures, having represented major companies in MDL proceedings and successfully arguing before the MDL panel. She has served as defense liaison counsel for actions involving multiple defendants with conflicting defenses. Her tactful and confident negotiating style has resolved numerous conflicts between co-defendants.

Erin also maintains a robust advisement practice. Drawing upon her litigation experience, she counsels clients on matters pertaining to their product development, helping them avoid and defeat product liability claims. When necessary, Erin can guide clients through the process of a product recall. She has represented clients before the Consumer Product Safety Commission (CPSC) in investigations and recalls. She also counsels clients regarding judicial and legislative efforts to limit liability, warning and labeling requirements, and risk assessments.

Erin is a member of the Product Liability Advisory Council (PLAC) and is also an editor for the firm’s Class Dismissed blog.

Some of her representative matters include:

  • Fitbit on the recall of its Force activity tracker. Erin represented Fitbit before the CPSC with regard to the recall, which was successfully conducted in a short timeframe, minimizing negative public relations impact. Erin currently represents Fitbit before the CPSC on reporting requirements for their products and advises on new product development and risk mitigation, including media and public relations counseling, assisting with coordination of product testing, and advising on product warnings and labels. Erin served as lead counsel for Fitbit in five class action lawsuits and over 300 personal injury lawsuits arising from the recall, all of which were favorably resolved.

  • Lethal Injection Matters
    Worked with a major pharmaceutical company to stop the states of Missouri and Texas from using a significant anesthesia drug in their executions. Faced with the threat of litigation, both states chose alternative methods for lethal injection. Our work helped to prevent a catastrophic drug shortage, as the European Union, which publicly opposes executions and had previously banned the export of drugs used in lethal injections, threatened to impose export restrictions if this drug was used for executions anywhere in the United States.

  • Fitbit as lead counsel in a class action alleging that a wearable device does not accurately track sleep as advertised and in two class actions alleging that Fitbit’s heart rate monitor does not work as advertised. The heart rate monitor class actions have spawned securities class actions against the company, and Erin coordinates the interplay between both sets of cases.

  • A major orthopedic corporation as its product liability, regulatory, and litigation counsel, advising on various matters, including the risks associated with all phases of the medical device life cycle, mergers and acquisitions, and FDA investigations, field actions, and recalls. Handling various litigations concerning product liability issues, as well as commercial litigation matters.

  • Pain Pump Matters. Served as national counsel for a large pharmaceutical company in nationwide pain pump litigation. These product liability cases alleged that local anesthetic products used in pain pumps led to postsurgical chondrolysis, a degenerative condition of the shoulder. Plaintiffs were young athletes claiming career-ending injuries. We secured the dismissal of our client from 189 cases brought by 478 plaintiffs with no settlement payments through voluntary dismissals and successful motions to dismiss.

  • In re Air Crash Near Peixoto de Azevedo, Brazil
    Represented Honeywell International Inc. in a lawsuit involving a mid-air collision between a Boeing 737‑800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600 over the Amazon jungle in Brazil. The accident resulted in the deaths of 154 passengers and crewmembers. Cases were brought in seven different districts, and we were successful in obtaining consolidation of the cases for MDL treatment in the Eastern District of New York. Our motion to dismiss the cases to Brazil for forum non conveniens was granted. On appeal, the District Court’s dismissal of the consolidated actions was affirmed by the Second Circuit.

For additional information on Erin’s representative experience, click here.

More About Erin

In 1997, Erin was a judicial extern for the Honorable James F. Stiven, U.S. Magistrate Judge, Southern District of California. Erin received her J.D. in 1999, magna cum laude, and Order of the Coif from the University of San Diego School of Law. During law school she was an editor for the San Diego Law Review.

Erin is a member of the International Aviation Women’s Association and the Editorial Board Product Liability Law360.

CONSUMER PRODUCT MATTERS

Fitbit
Represented Fitbit before the CPSC with regard to the recall, which was successfully conducted in a short timeframe, minimizing negative public relations impact. Currently representing Fitbit before the CPSC on reporting requirements for their products and advises on new product development and risk mitigation, including media and public relations counseling, assisting with coordination of product testing, and advising on product warnings and labels. Served as lead counsel for Fitbit in five class action lawsuits and over 300 personal injury lawsuits arising from the recall, all of which were favorably resolved.
Fitbit
Served as lead counsel in a class action alleging that a wearable device does not accurately track sleep as advertised and in two class actions alleging that Fitbit’s heart rate monitoring does not work as advertised. The heart rate monitoring class actions have spawned securities class actions against the company and we are coordinating the interplay between both sets of cases.
A Consumer Electronics Manufacturer
Represented a consumer electronics manufacturer in two class actions arising from an alleged defect in the shutter mechanism of a professional level camera. The matters included claims of breach of warranty, false advertising, Magnuson Moss, 17200, and fraud. The class actions were resolved very quickly following a meeting with all counsel in which we laid out our response to plaintiffs’ allegations and why plaintiffs would ultimately not succeed.
A Major Personal Care Products Company
Advised a major personal care products company on CPSC reporting, including leading a compliance and safety investigation related to children’s products.
An Automotive Brakes Manufacturer
Advised an automotive brakes manufacturer on product liability issues.
A Major Music Company
Advised a major music company on product warnings, labels, and product development.
A Consumer Products Company
Advised a consumer products company on product liability issues arising from a baby monitor recall.
An Upscale Home Furnishings Retailer
Advised an upscale home furnishings retailer on warning and labeling requirements, warranty disclaimers, product development, and risk assessment.
A Start-Up Company
Advised a start-up company on the launch of a home environmental monitor/sensor that can be programmed with a smartphone by evaluating its product liability exposure, as well as advice on certifications and compliance issues.
A Global Networking Company
Advised a global networking company on CPSC reporting and product advisement.
A Home Appliance Manufacturer
Advised a home appliance manufacturer on product liability issues arising from the Internet of Things, particularly with respect to its line of connected appliances.
A Seed Manufacturer
Advised a seed manufacturer on product warnings, labels, and product development.
An Industrial Crane Manufacturer
Advised an industrial crane manufacturer on product liability issues.
An Automotive Component Part Manufacturer
Advised an automotive component part manufacturer on product liability issues and possible recall.
A Children's Product Manufacturer
Advised a children’s product manufacturer on product safety and product liability issues in connection with the launch of a new product line.



PHARMACEUTICAL AND MEDICAL DEVICE MATTERS

In re Aredia and Zometa Litigation
Represented a major pharmaceutical company in MDL proceedings and state-consolidated cases in which more than 200 plaintiffs claimed that pamidronate, an injectable drug used in the treatment of certain cancers, causes a degenerative condition of the jaw. Before discovery commenced, we obtained complete dismissal from the MDL. The MDL court found that plaintiffs’ claims boiled down to failure to warn claims and, therefore, were preempted under the U.S. Supreme Court’s decision in Mensing. In addition to MDL proceedings in the Eastern District of New York, we represented our client in New Jersey in mass tort proceedings. There, we obtained voluntary dismissals before discovery commenced.
In re Hydroxycut Marketing and Sales Practices Litigation
Serve as national trial and coordinating counsel for a nutritional supplement manufacturer in multidistrict and state court litigation, alleging that a line of its nutritional supplement products causes a variety of medical ailments, including liver damage. The litigation involved 115 matters pending in the Southern District of California MDL proceeding, including 22 class actions, and more than 60 state courts actions in Pennsylvania, New Jersey and California.
In re Reglan/Metoclopramide Litigation
Represent a major generic pharmaceutical company in hundreds of lawsuits (comprising of more than 2,000 individual claims) that have been filed in numerous jurisdictions around the United States, alleging that Reglan/metoclopramide (when prescribed off-label for psychiatric purposes) causes significant side effects and damages health. The cases are pending in mass tort proceedings in Pennsylvania, New Jersey, and California.
Heparin Litigation
Serve as national counsel in numerous cases filed around the United States alleging side effects from heparin induced thrombocytopenia (HIT). Our client is the largest manufacturer of heparin, a prescription injectable anticoagulant (blood thinner) often used in hemodialysis and cardiac invasive procedures.
Ophthalmic Device Litigation
Defend a medical device manufacturer against a personal injury lawsuit claiming eye injury from a device used in cataract surgery.
Eye Drop Class Action Litigation
Defended a major pharmaceutical company in a class action case alleging that one of its ophthalmologic products contained insufficient preservatives and was subject to contamination resulting in an infectious injury. The case settled favorably for our clients.
Intraocular Lens
Advise a medical device manufacturer on a potential lawsuit alleging injury from the placement of an intraocular lens during cataract surgery.
Baycol
Defended a major pharmaceutical company in mass tort litigation in which Erin coordinated discovery for over 500 cases pending in federal and state courts. She also prepared 10 cases for trial and was liaison with national counsel.
Pharmaceutical Product Consumer Class Action Litigation
Represented a major pharmaceutical company in a consumer class action alleging consumer fraud and violations of the Consumer Confidentiality of Medical Information Act and of Cal. Bus. & Prof. Code section 17200. We successfully demurred to multiple amendments to the complaint and won final judgment in favor of the client.
Pain Pump Matters
Serving as national counsel for a major pharmaceutical company in product liability cases filed in jurisdictions around the United States. The cases alleged that local anesthetic products used in pain pumps contributed to the development of post-surgical chondrolysis, a degenerative condition of the shoulder. We achieved the dismissal of our client from 186 cases consisting of 478 plaintiffs. Many of these dismissals were accomplished through successful motions to dismiss, and persuading plaintiffs’ counsel to dismiss our client without it paying a single settlement.
Bayer PPA Litigation
Represented Bayer Corporation in PPA litigation. PPA was an ingredient of Alka Seltzer Plus, and other cough and cold remedies. Hundreds of cases were filed around the country alleging a correlation between the use of PPA and subsequent strokes.
Cholesterol Lowering Drug Litigation
Defended a major pharmaceutical company in mass tort litigation in which Ms. Bosman coordinated discovery for more than 500 cases pending in federal and state courts. She also prepared ten cases for trial and was liaison with national counsel.
Abbott Diabetes Care v. DexCom, Inc.
Won a motion to dismiss the complaint due to prematurity, and a motion to stay the case due to pending PTO reexaminations, on behalf of DexCom, Inc., a San Diego developer and manufacturer of a device for the continuous monitoring of glucose in people with diabetes, in a patent infringement case involving glucose monitoring patents. Seven months before DexCom's continuous glucose monitoring device received FDA approval, Abbott sued DexCom, and the DexCom litigation team convinced the court that it lacked jurisdiction to hear the dispute when filed. The DexCom patent prosecution team filed requests for reexamination of each asserted patent, all of which were granted. The DexCom litigation team then persuaded the court to stay the case pending reexamination and later convinced the court to strike an amended complaint adding more patents.
Clinical Trial Litigation
Represented pharmaceutical company in a case regarding the provision of treatment in one of the company's clinical drug studies.



AVIATION MATTERS

Getz v. Honeywell International
Obtained summary judgment based on the government contract defense for Honeywell International Inc. in litigation arising from the crash of an Army special operations Chinook in Afghanistan. Eight people died, and fourteen were injured when the special operations Chinook crashed while returning from a mission pursuing a member of Al Qaeda. The Ninth Circuit affirmed the decision, ruling that Honeywell and the other government contractor defendants were not liable for the crash.
In re Air Crash Off Point Mugu, California
Represented Alaska Airlines as lead trial counsel in multidistrict litigation involving wrongful death and survival claims by heirs and estates of the 88 passengers and crew who perished in the crash of Alaska Airlines Flight 261, near Point Mugu, California. Intensive fact and expert discovery led to a series of successful motions to remove punitive damages from the case, limit theories of recovery against the airline under the Warsaw Convention, stipulate to liability to remove potentially harmful evidence from the trials, and prepare and try damages claims. Trial commenced in the MDL Court, the U.S. District Court for the Northern District of California, in 10 wrongful death cases, leading to settlements during trial of all but one of the remaining cases. After remand to the Central District of California and transfer back to the Northern District of California for trial, the remaining case settled.
Glassman v. Southwest Airlines
Represented Southwest Airlines in a trial arising from the death of an unruly passenger. Erin argued the case on appeal to California court and won affirmation of the trial verdict.
  • Recognized by JD Supra as a top author in its annual Readers’ Choice Awards (2016 – 2017)
  • Selected as a Fellow in the Litigation Counsel of America’s Trial Lawyer Honorary Society
  • Recommended by Legal 500 US in the product liability categories (2010 – 2016):
    -Consumer Products, “highly impressive”
    -Pharmaceutical and Medical Device, “highly recommended”
    -Aerospace/Aviation, “a skilled case manager who is always organized and well prepared”
  • Recognized by the Daily Journal as one of the "Top Women Lawyers" in California (2012) 
  • Recognized by the Daily Journal as one of its "Top Women Litigators" (2010 – 2011)
  • Recognized by the Daily Journal as one of the top 20 attorneys in California under the age of 40 (2010)
  • Recommended by Best Lawyers for Mass Tort Litigation/Class Actions – Defendants (2016)
  • Ranked as a leading firm in Product Liability and Mass Torts by Chambers USA (2012 – 2016)
  • Recognized by Euromoney’s Expert Guides as a leading attorney in Litigation and Product Liability (2012 – 2014)
  • Nominated by in-house counsel as one of the outstanding practitioners in her field in the Guide to the World’s Leading Women in Business Law (2012 – 2013)
  • Named by leading legal newswire Law360 as one of the country’s “Rising Stars Under 40” in the area of Product Liability (2010)
  • Received the Wiley W. Manuel Award for Pro Bono Legal Services from the State Bar of California (2004, 2013, and 2014)

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