Adam W. Green

Consulted and defended Legionella related outbreaks and sporadic episodes (whether nosocomial or otherwise) in Mississippi, Ohio, Texas, Louisiana, Illinois, Missouri, California, Florida, Wisconsin, Connecticut, and others.

Defended the first reported Legionella wrongful death case against a chemical water treater from the trial court through the United States Fifth Circuit Court of Appeals.

Persuaded numerous potential litigants to dispense with prospective Legionellosis claims and litigation.

Assembled and consulted with a world-renowned team of experts in the fields of infectious disease, pulmonology, water chemistry, heat rejection, microbiology, industrial hygiene, chemical engineering, mechanical engineering, plumbing design, wind patterns, public health, and related fields.

Successfully cross-examined experts in epidemiology, public health, mechanical engineering, water chemistry, and microbiology regarding Legionella outbreaks, causation, control, testing, treatment, and remediation.

Extensive knowledge and experience with the history, development, and context of ASHRAE 188, the 2017 CMS Memorandum, "Requirement to Reduce Legionella Risk in Healthcare Facility Systems to Prevent Cases and Outbreaks of Legionnaires' Disease (LD)", the CDC Toolkits and related guidance documents.

Successfully assisted clients with public health investigations and public health orders and mitigating the effects thereof.

Authored Water Treatment Service Contracts, Field Service Reports, Hyperchlorination Agreements, Water Management Plans, Secondary Disinfection Agreements, and related items.

Extensive knowledge of guidance documents from the Cooling Technology Institute (CTI), Association of Water Technologies (AWT), the American Society of Heating, Refrigerating & Air-Conditioning Engineers (ASHRAE), the American Society of Plumbing Engineers (ASPE), the Centers for Disease Control and Prevention (CDC), and World Health Organization (WHO).

Successfully defended public health citations alleging deficiencies, including immediate jeopardy resulting in the outright removal or reduction of penalties.

Assisted hospitals, skilled nursing facilities, and other long term care providers with state and federal survey issues.

Prevailed in compliance and informal dispute resolution (IDR) meetings.

Successfully challenged Statements of Deficiencies with the state Departments of Public Health and appeal of deficiencies with the Centers for Medicare and Medicaid Services.

Assisted clients with compliance programs, including internal investigations and negotiating with government authorities.

Successfully argued Legionella science, diagnostics, CDC surveillance categories, and related items in the context of defense of public health citations.

Worked in tandem with chemical water treatment experts to assist facility owners in the defense of public health investigations and citations.

National counsel for a carrier's global Water Treatment and Production Program.

Defense of multi-million-dollar construction claims arising from corrosion-related failures of mechanical equipment and condenser water systems.

Consulted and defended disputes relating to a litany of failure modes and causes, including operational errors, design issues, improper commissioning and passivation, inadequate cycling, over-firing, inadequate hydraulic balancing, improper layup, inadequate water flow, dead legs, and stagnation.

Secured complete dismissal and an award of attorney's fees in corrosion-based failures of system water piping in HVAC, process cooling, and fire water systems.

Lead counsel in successful defense of claims arising from failures incident to caustic gouging, flame impingement, erosion corrosion, improper material selection, and lack of legacy knowledge.

Served as counsel in construction litigation involving personal injuries and wrongful death claims, including defense of alleged OSHA, NIOSH, and ANSI violations; risk management assessment; delay claims; indemnification disputes; and premises defects.

Defended complex disputes, including contractual indemnity claims involving general contractors, HVAC mechanical subcontractors, architects, engineers, pipe suppliers, building maintenance, and water treaters.

Authored and negotiated performance-based and health-based water treatment service agreements.

Authored specialty contracts, including Legionella Testing Agreements and Wastewater Treatment Agreements.

Consulted about and defended issues incident to lead contamination and E. coli bacteria.

Lead counsel in counsel in water treatment related non-competition, non-disclosure, and non-solicitation disputes.

National defense of the catastrophic failure of condenser water systems and mechanical equipment.

Lead counsel in cooling technology cases involving the catastrophic failure of condenser water systems and mechanical equipment.

Lead counsel in matters relating to industrial and commercial cooling through open- and closed-loop systems, large- and small-bore condenser water pipes, boiler water, and heat exchangers.

Obtained outright dismissal and an award of attorney's fees after serving as lead counsel in multi-million-dollar claims incident to chemical water treatment.

Successfully defended mass actions on a national scale.

Secured dismissals of national mass action products liability litigations.

Secured outright denial of national multidistrict litigation (MDL) from the Texas Supreme Court.

Prevailed in forum non conveniens dismissals for a nationwide docket of claims filed in Texas and Nevada.

Secured outright denial of national mass actions from the Nevada Supreme Court.

Prevailed in securing venue transfers of multicounty mass actions, thus defeating improper aggregation of claims.

Secured complete defense verdicts in Idaho and Michigan based on the nuanced application of the Economic Loss Rule.

Successfully defended products liability mass actions with hundreds of claims in more than 35 states, with landmark victories in the Nevada Supreme Court and the Texas Supreme Court, including the defense of a $25 million California class action.

Successfully defended more than 500 products liability actions on a national scale.

Achieved a full defense decision in products liability arbitration proceedings.

Represented a consumer products manufacturer in a complex product liability matter wherein statutory indemnity rights were contested and secured.

Provided counsel in products cases involving standards from the American Society for Testing of Materials (ASTM), the International Association of Plumbing and Mechanical Officials (IAPMO), and National Science Foundation (NSF).

Successfully defended exposure-induced wrongful death and serious personal injury claims incident to bacteria, pesticides, urethanes, polymers, biocides, asbestos, and others. 

Lead counsel in the defense of claims of chemically induced diseases incident to exposures to urethanes, polymers, ethers, and biocides against a national chemical manufacturer.

Defended Amyotrophic Lateral Sclerosis matters.

Lead counsel in the defense of a global pesticide and fumigant manufacturer in exposure fatalities resulting from restricted use pesticides.

Lead counsel in the full defense of glutaraldehyde exposure-induced Spasmodic Dysphonia and Dysphagia.

Lead counsel in the full defense of exposure-induced Thrombotic Thrombocytopenic Purpura.

Defended a national product, premises, employer, equipment, and respiratory protection defendants in complex asbestos, benzene, and silica litigation.

Defended employers, premises owners, and product manufacturers against personal injury and wrongful death claims arising from chemical and dust exposures.

Defended a pharmaceutical manufacturer from claims of personal injuries resulting from ingestion-based injuries and death.

Successfully represented a railroad carrier in claims involving derailments and services failures arising from rail defects.

Defended a mass tort action arising from acrylamide release from container cars.

Defended railroad crossing fatalities and crossing closure actions.

Defendant Federal Employers Liability Act disputes.

Lead counsel in the defense of personal injuries claims incident to rail cars.

Defended an aviation company in litigation involving multiple-fatality plane crash involving allegations of pilot error, mechanical failure, negligent maintenance, and failure to secure cargo.