ThemeVision LLC - Trial Consultants

  Life Sciences

   Representative Experience

ThemeVision’s trial consultants have worked with manufacturers of agricultural products, pharmaceuticals, and medical devices in litigation involving intellectual property as well as personal injuries. ThemeVision’s trial consultants and jury consultants also have experience consulting with life sciences companies on commercial and employment litigation.

Over time, we have developed an understanding of many of the issues that arise in connection with the development, manufacture, and sale of life sciences products, as well as the challenges that life sciences companies face both in the courtroom and in the marketplace.

Medical Device: Orthopedic Implant Case- Maryland
Conducted a ThemeTesting® focus group study on behalf of the defendant medical device manufacturer in a state court case in Baltimore City, Maryland. The plaintiff claimed the manufacturer failed to warn about risks associated with its orthopedic implants. The results of the jury research helped the trial team develop and refine case themes, assess witness credibility, and improve strategies for the presentation of scientific evidence. It also contributed to the development of a juror profile and jury selection strategies. Result: Summary judgment was granted in favor of our client the day before jury selection was scheduled to begin.
Clean Water Act Jury Trial- Indiana
Provided extensive consulting on behalf of the defense in preparation for a two-week, federal jury trial in the Northern District of Indiana. The case involved allegations that one of the country’s largest wastewater treatment companies and two of its top managers had tampered with wastewater monitoring methods, thereby violating the Clean Water Act. Our efforts included mock trial work, ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: The jury found all three defendants not guilty on all counts. The verdict represents a complete vindication for the company and the accused individuals. The verdict also avoided multi-million dollar fines and penalties to the company, as well as possible imprisonment for the employees, and it prevented a potentially business-ending debarment from future water treatment business within the United States.
Agribusiness Technology Licensing Dispute- Indiana
Conducted mock jury research, assisted with jury selection, and developed all demonstrative exhibits for the plaintiff in a jury trial in the Southern District of Indiana. The case involved breach of contract claims relating to a technology licensing agreement and the plaintiff was seeking unpaid royalties. Result: A confidential settlement was reached following the first day of what was scheduled to be a three-week jury trial.
Benzene Litigation (Herbicide Exposure)- California
Conducted verdict research for the defense in a case pending in Los Angeles County involving an allegation that trace amounts of benzene allegedly contained in the defendant’s herbicide had caused the plaintiff’s cancer. The verdict research was used by the client in the case valuation process. The case was ultimately settled before trial.
Biotech Patent Litigation- California
Conducted a six-panel, ThemeTesting® focus group study in San Francisco, California. The case centered on a patent dispute relating to complex technology used in certain medical devices. The case involved numerous and intricate arguments relating to infringement, validity, and damages. The ThemeTesting study assisted the trial team with determining which arguments and themes were likely to resonate with a San Francisco jury and with developing strategies for presenting the complex scientific and factual arguments in a manner that would be both comprehensible and persuasive. The results of the study contributed to the trial team’s decisions to develop particular themes during the remainder of discovery and, ultimately, contributed to the case valuation and the client’s favorable settlement of the matter.
Alleged Ground Water Contamination- Hawaii
Conducted a ThemeTesting® focus group study on behalf of the defense in a case involving allegations of ground water contamination resulting from pesticide products.
Mediation in Commercial Class Action- Illinois
Developed demonstrative exhibits for use in early mediation of a commercial putative class action filed in Illinois state court.
Mock Markman Hearing in Biotech Patent Litigation- California
Conducted a mock Markman hearing in patent litigation pending in the United States District Court for the Northern District of California. The case centered on a patent dispute relating to complex technology used in certain medical devices.  The study involved a panel of former federal judges who reviewed and reacted to Markman briefing and a mock Markman hearing. The study assisted the trial team with preparation of a reply brief and with preparations for the Markman hearing. The trial team ultimately secured very favorable interpretations of the patent claims.
Products Liability Trial Involving Automobile Accident- Maryland
Developed demonstrative exhibits for the defense for a products liability trial pending in state court in Maryland.  The case involved an allegation that the defendant's product had caused a driver to pass out at the wheel, resulting in a crash that killed a third party. 
Chemical Exposure Case- Montana
Conducted a ThemeTesting® focus group study in an alleged chemical exposure case involving multiple plaintiffs.  The focus group research revealed for the trial team specific themes and arguments that did and did not resonate with the focus group participants, allowing the legal team to better prepare for trial.  
Insurance Coverage Dispute Involving Pharmaceutical Company- Indiana
Conducted a ThemeTesting® focus group study in a case pending in the Southern District of Indiana. The plaintiff pharmaceutical company claimed that several insurance carriers breached their contract with the pharmaceutical company. The ThemeTesting study helped the trial team evaluate how jurors would perceive the insurance contract and the motives of the parties. The ThemeTesting study contributed to a strategically favorable settlement for our client.  
Medical Device Patent Litigation- Indiana
Conducted a three-panel mock jury project on behalf of a defendant pharmaceutical company. 
Medical Device: Wrongful Death Case- Pennsylvania
Conducted a ThemeTesting focus group study on behalf of the defense in a case involving the claimed wrongful death of an infant child. The plaintiffs alleged that a medical device used by the child's father was defective, resulting in the father losing consciousness while holding the infant, in turn causing the father to fall upon and smother the infant. The ThemeTesting study allowed the trial team to test approaches to presenting a science-based defense in a case that otherwise involved heartbreaking facts. The study assisted the trial team with case valuation as well as with development of discovery strategies and settlement strategies.
Pesticide Exposure: Multiple Chemical Sensitivity- Florida
Conducted a three-panel mock jury project on behalf of a defendant in a toxic tort action in which the plaintiff claimed, among other things, to be suffering from Multiple Chemical Sensitivity as a result of exposure to the defendant's product.
Crop Damage Litigation (Herbicide)- Washington
Conducted a two-panel jury simulation project for the defense in a case involving crop damage.  The plaintiff alleged that the crop damage resulted from application of an herbicide product.  The jury research assisted the trial team with identifying themes and arguments that resonated with mock jurors in rural Washington. 
Wrongful Termination- Illinois
Conducted a jury simulation project in Chicago on behalf of the plaintiff in a wrongful termination action filed by a physician against the physician's former employer.
  > Industries    
Appliances & Electronics 15 Appliances & Electronics
Chemicals 16 Chemicals
Energy & Utilities 17 Energy & Utilities
Insurance 18 Insurance
> Life Sciences 19 Life Sciences
Manufacturing 32 Manufacturing
Pest Control 20 Pest Control
Software and Technology 21 Software and Technology
Life Sciences  
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