Gross McGinley Team, led by Attorney Samuel E. Cohen, Together with Hogan Lovells, Welsh Recker, Greenberg Traurig, and Duane Morris obtain Monumental Decision on behalf of B. Braun.
Allentown, PA – Attorney Samuel E. Cohen of Gross McGinley, LLP, together with Jennifer Adams of Hogan Lovells and Sam Silver of Welsh & Recker, Greg Ostfeld of Greenberg Traurig, and Dana Klinges of Duane Morris recently secured a significant victory for B. Braun US Device Manufacturing LLC in high-stakes litigation before the Court of Common Pleas of Lehigh County. The trial team for the week-long evidentiary hearing included Samuel E. Cohen (Gross McGinley), Jennifer Adams (Hogan Lovells), and Sam Silver (Welsh Recker). The briefing team included Jennifer Adams (Hogan Lovells), Bruce Merenstein (Welsh Recker), Greg Ostfeld (Greenberg Traurig), and Dana Klinges (Duane Morris).
In a detailed decision issued December 31, Judge Michele Varricchio denied the plaintiff’s motion for class certification in a lawsuit challenging B. Braun’s use of ethylene oxide (EtO) at its Allentown, Pennsylvania, facility. Reflecting the significance of the Lehigh County decision, The American Lawyer’s “Litigator of the Week” January 9th column recognized Cohen, Adams, and Silver for their work on the matter.
The action sought to certify a broad class of individuals who had lived near the facility over the past three decades and to obtain court‑ordered medical monitoring for alleged increased health risks from EtO emissions. The named plaintiff, who has not been diagnosed with any illness related to the alleged exposure, argued that the company’s emissions warranted medical screening for thousands of nearby residents.
Cohen, supported by the litigation team at Gross McGinley, mounted a comprehensive defense at the hearing, alongside Attorneys Adams and Silver and in-depth support from their respective offices, advocating that B. Braun’s EtO emissions complied with applicable governmental regulations and did not create an increased risk that would justify class‑wide medical monitoring. The defense further argued that the plaintiff’s claims did not satisfy the rigorous legal standards required for class certification, including deficiencies in the proposed class definition and the reliability of certain expert opinions.
Judge Michele Varricchio agreed, ruling that the plaintiff and his counsel had failed to meet nearly all of the elements necessary to proceed as a class action and denying the request for certification. Cohen serves as Deputy Managing Partner at Gross McGinley and Co-Chair of its litigation practice group, where he focuses his practice on commercial litigation, employment litigation, and complex business disputes. He regularly represents clients across industries such as health care, insurance, government, construction, banking, and real estate, and is known for delivering strategic, results‑driven counsel in high‑exposure matters. As Deputy Managing Partner overseeing Operations, Cohen plays a key role in guiding the firm’s next chapter, helping shape strategy, mentoring rising attorneys, and championing a collaborative, client-first culture.
About Gross McGinley, LLP
As Gross McGinley celebrates 50 years of serving the Lehigh Valley, its reputable attorneys and legal professionals continue to grow the firm’s Business & Banking, Commercial and General Litigation, Real Estate, Criminal Defense, Education Law, Employment, Wills, Trusts and Estates, Family Law, Healthcare Defense, Municipal, Sports Law, and Tax practices. With offices in Lehigh, Northampton, Monroe, and Philadelphia counties, Gross McGinley, LLP has steadily grown into one of the most comprehensive law firms in Eastern Pennsylvania while remaining a consistent and reliable source of trusted counsel. The firm’s client-first philosophy, as well as a focus on collaboration and innovation will continue to drive its success for the next 50 years and beyond. Learn more about Gross McGinley, LLP at GrossMcGinley.com.
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