Adam W. Green

Defended Legionella-related outbreaks and sporadic episodes in health care, hotel, manufacturing, and remote-exposure settings on behalf of premises owners, general contractors, engineers, consultants, manufacturers, chemical water treaters, and others.

Defended the first reported Legionella wrongful death case against a chemical water treater from the trial court through the U.S. Court of Appeals.

Defeated the first reported public and private nuisance claims related to Legionella exposure.

Defended a first-of-its-kind remote-exposure Legionella outbreak involving contemporaneous positivity, drift studies, wind pattern analysis, and molecular evidence.

Built and led multidisciplinary teams in infectious disease, epidemiology, public health, water chemistry, microbiology, mechanical engineering, industrial hygiene, plumbing design, and related fields.

Extensive knowledge and experience with the history, development, and context of American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 188, the 2017 Centers for Medicare & Medicaid Services (CMS) Memorandum, "Requirement to Reduce Legionella Risk in Healthcare Facility Systems to Prevent Cases and Outbreaks of Legionnaires' Disease (LD)", the Centers for Disease Control and Prevention (CDC) Toolkits, and related guidance documents.

Examined and excluded testifying experts on epidemiology, source attribution, specific causation, molecular sequencing, environmental sampling, water treatment, and related issues.

Examined and excluded public health investigators and public health reports.

Advised clients on ASHRAE, CMS, CDC, Cyber Threat Intelligence (CTI), AWT, ASPE, World Health Organization (WHO), and water safety guidance.

Prepared Legionella-related water treatment contracts, field service reports, water management plans, hyperchlorination, secondary disinfection agreements, and specifications.

Defended hospitals, skilled nursing facilities, and other long term care providers in Legionella-related surveys, public health investigations, citations, public health orders, and compliance disputes.

Secured removal or reduction of penalties, including allegations of immediate jeopardy, through compliance meetings, Independent Dispute Resolution (IDR) proceedings, and administrative appeals.

Challenged Statements of Deficiencies and defended scientific, diagnostic, CDC surveillance-category, and causation issues in public health citation proceedings.

Advised clients on compliance programs, internal investigations, and negotiations with state and federal authorities.

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

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

Successfully defended, challenged, and appealed Legionella public health citations resulting in the outright removal or reduction of penalties.

Advised clients on implementation of and compliance with American National Standards Institute/Association for the Advancement of Medical Instrumentation (ANSI/AAMI) ST108:2023 – Water for the Processing of Medical Devices.

National counsel for a global water treatment and production program.

Defended multimillion-dollar construction and equipment-failure claims involving both process and comfort cooling arising from corrosion, scale, erosion corrosion, improper design, passivation, layups, winterization/glycol issues, steam blows, operational errors, commissioning, hydraulic balancing, water flow, dead legs, stagnation, improper material selection, caustic gouging, flame impingement, improper boiler selection, improper hydrostatic pressure testing, and quick-fire boilers.

Obtained complete dismissal and attorney's fees in multiparty "bet-the-company" under-deposit corrosion-based failure litigation wrongfully implicating the chemical water treater.

Defended complex construction, indemnity, and premises disputes involving general contractors, HVAC mechanical subcontractors, architects, engineers, pipe suppliers, building maintenance providers, and water treaters.

Prepared and negotiated performance-based and health-based water treatment service agreements, Legionella testing agreements, wastewater treatment agreements, and related specialty contracts.

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

Advised on and defended water-related contamination issues involving lead and E.-coli.

Prosecuted and defended water treatment-related non-competition, nondisclosure, and non-solicitation disputes.

Served as national and lead defense counsel in catastrophic failures involving condenser water systems, mechanical equipment, industrial and commercial cooling systems, boilers, and heat exchangers.

Handled disputes involving open- and closed-loop systems, large- and small-bore condenser water piping, boiler water systems, and heat exchangers.

Defended national mass actions and products liability MDLs, securing dismissals and landmark rulings from the Texas and Nevada Supreme Courts.

Secured outright denial of national MDL from the Texas Supreme Court.

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

Secured venue transfers in multicounty mass actions, defeating improper aggregation of claims.

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

Defended a $25 million California class action.

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

Secured full defense decisions in complex product liability arbitrations.

Advised on products liability cases involving American Society for Testing and Materials (ASTM), International Association of Plumbing and Mechanical Officials (IAPMO), and NSF standards.

Defended wrongful death and serious injury claims involving bacteria, pesticides, urethanes, polymers, biocides, asbestos, benzene, silica, and other exposures.

Served as lead counsel in chemically induced disease and exposure-fatality matters for national chemical, pesticide, and fumigant manufacturers.

Obtained full defense outcomes in exposure-induced Spasmodic Dysphonia, Dysphagia, and Thrombotic Thrombocytopenic Purpura matters.

Defended pharmaceutical, premises, employer, equipment, respiratory protection, and product defendants in complex toxic tort litigation.

Served as lead counsel in the full defense of glutaraldehyde exposure-induced Spasmodic Dysphonia and Dysphagia matters.

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

Tried a wrongful death trucking fatality case to verdict.

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

Defended railroad crossing fatalities and crossing closure actions.

Defended Federal Employers Liability Act disputes.

Served as lead counsel in the defense of personal injury claims incident to rail cars.

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