Hunton Andrews Kurth LLP’s product liability and mass tort litigation team, ranked as a top national practice in Chambers USA (2024) and The Legal 500 (2024), represents companies of all sizes in preparing for and defending litigation arising from COVID-19 exposure. In response to the pandemic, Hunton has developed an integrated and interdisciplinary team that joins the experience and courtroom talent of our mass tort litigators with our OSHA and employment law lawyers to provide full service legal advice and response to workplace exposure incidents, claims mitigation strategy development and defense of claims.

Our team is knowledgeable on the interplay between workplace issues and potential tort risk, wrongful death and personal injury defense, public nuisance claims, and a host of other issues. We have conducted litigation risk analyses for some of the biggest companies in the world, and are on the front lines actively defending companies in the first wave of COVID-19 litigation. Our proven track record of success includes recently obtaining dismissal of a high-profile COVID-19 federal lawsuit against a national meat processing company and defeating a request for injunctive relief, while navigating the constantly changing, and sometimes conflicting, landscape of executive orders and federal, state and local guidance. This groundbreaking victory was recognized in The American Lawyer’s Litigator of the Week feature.

Below are some of the areas in which we can help companies mitigate against litigation claims risk and defend a claim related to COVID-19:  

• Initial Incident Response. A company’s initial response to a COVID-19 outbreak or fatality can have far-ranging effects on future liability. The initial response should include identifying key players and documents, issuing a legal hold, conducting an initial investigation, implementing a careful communications protocol and managing press inquiries and statements. We have experience advising in these areas both generally and with respect to COVID-19.
• Toxic Tort/Wrongful Death Defense. We are leaders in the defense of toxic tort and exposure claims and bring that experience to the COVID-19 arena. We can provide a liability assessment and develop a litigation strategy based on your company’s COVID-19 policies and procedures, the number of confirmed cases in the workplace and the extent of community spread, and we have leading scientific experts available to assist with this analysis. If claims are filed, we routinely spar with the leading national plaintiffs’ firms and have the background and courtroom experience to defend the complicated causation and liability issues that will ultimately be the backbone of COVID-19 exposure defense.
• Public Nuisance and Injunctive Relief. There have been a growing number of claims premised on state law “public nuisance” against employers and others seeking expansive injunctive relief to enforce COVID-19 safety measures or shut-down businesses. These claims present unique legal issues and are often heard by the court on an emergency basis. We have successfully defended such claims, and have a deep and experienced team that can respond quickly if required.
• Public Health Investigation Representation. We are actively advising companies on interactions with public health officials, and serve as the company’s liaison with public health authorities in non-adversarial cooperative efforts and outbreak investigations.
• Media/Press Management. The firm has worked with high-profile companies to assist them in their media strategy as it relates to COVID-19. We regularly track media coverage for our clients and assist in developing an appropriate response that is consistent with any litigation