Samantha became a partner in the London office in 2015. She advises on recalls and product liability claims (including group litigation orders), with a focus on the pharmaceutical and medical device sectors. The claims she handles frequently have an international dimension and are often of a commercially sensitive nature.

Samantha is instructed on some of the market’s largest and most high-profile cases. She led the successful defence of a landmark group litigation action on behalf of medical device manufacturer, DePuy International Limited. The action was brought by more than 300 claimants in relation to DePuy’s Pinnacle ULTAMET® Metal-on-Metal Articulation, a total hip replacement prosthesis, which the court found not to be defective under consumer protection legislation.

She acts as monitoring counsel for some of the market’s largest insureds, in various jurisdictions including Italy, Germany and Belgium; in particular, working closely with local French counsel monitoring and advising on claims in relation to a range of orthopaedic medical devices.

She has advised on the EMEA aspects of a global voluntary recall in the medical devices sector, to include assessing the content of recall notices, internal company messages documents and press releases. Samantha was also instrumental in the creation and implementation of a claims system for reimbursement of expenses flowing from the recall, and a claims protocol for cost effective rejection/resolution of claims as well as developing appropriate reporting mechanisms.

She has expertise in the field of insurance coverage disputes, and has successfully represented defendant insurance markets in the High Court. In addition, Samantha also has experience in defending professional negligence claims on behalf of solicitors, surveyors and actuaries.

She is a member of the Forum of Insurance Lawyers, is co-founder of the popular Life Sciences Conference series held regularly at Kennedys’ offices, and enjoys delivering training sessions both at Kennedys and client offices.

Qualifications

  • Qualified in England and Wales in 1999

She is a terrific lawyer - very insightful and strategic.

Chambers UK 2021

Market recognition

  • Recommended lawyer for 'Product liability: defendant (London)'
    "Samantha Silver has know-how in medical devices, consumer products and pharmaceuticals cases."
    The Legal 500 UK 2022
  • Notable practitioner for 'Product Liability: Mainly Defendant (UK-wide)'
    "She is a terrific lawyer - very insightful and strategic."
    Chambers UK 2021
  • Recommended lawyer for 'Product liability: defendant (London)'
    "Samantha Silver is well versed in group litigation"
    The Legal 500 UK 2021
  • Notable practitioner for 'Product Liability: Mainly Defendant (UK-wide)'
    "Samantha Silver enjoys an established reputation for her product liability practice, which centres primarily on large-scale disputes and product recalls, particularly for medical device manufacturers."
    Chambers UK 2020
  • Recommended Lawyer for 'Product liability: defendant (London)'
    The Legal 500 UK 2019/20
  • Notable practitioner for 'Product Liability: Mainly Defendant (UK-wide)'
    "Absolutely fantastic, loved by clients, and completely on top of the law."
    Chambers UK 2019
  • Recommended Lawyer for 'Product liability: defendant (London)'
    The Legal 500 UK 2018/19
  • Recommended Lawyer for Product Liability (defendant).
    The Legal 500 UK 2017

Work highlights

  • Rachealle Cameron v Ipswich Hospital NHS Trust [2017]. Successfully defended the Defendant Trust at trial at the High Court which involved alleged mismanagement of Cauda Equina Syndrome. Damages reserved at £3,462,000.
  • EP [2017]. Represented a Trust in an application for child safeguarding, where concerns were raised by medical practitioners as to the welfare of the child and possible Fabricated/Induced Illness allegation against the parents. Mediation successfully utilised and Family Division of High Court ordered it was lawful to remove the child from her home to a specialised medical environment.
  • LJ v Kettering General Hospital NHS Foundation Trust [2017]. Liability admitted for some injury as a result of delay in management of Cauda Equina Syndrome. Causation for remaining injuries denied. Schedule amounted to £9,300,000. Successfully maintained causation arguments and negotiated settlement at significantly reduced sum of £1,300,000.
  • Inquest into the death of RB [2017]. Represented Trust in inquest which involved software failure. Required sensitive management of the relationship with the other Interested Persons (software company) and negotiation of complex medical and technical issues.
  • Inquest into the death of MF [2018]. Represented Trust in inquest following death of a baby born at 24 weeks. She had significant problems including respiratory distress, jaundice, bleed to the brain and extremely fragile skin. During her time on the neonatal ward there was an outbreak of MRSA (it was not deemed to be an outbreak until later). MRSA on the skin was picked up from swab, which was very difficult to treat due to the extreme fragility of the skin. Baby went on to develop sepsis, which was not detected. It became overwhelming and she sadly died. The Coroner concluded that antibiotics given at an earlier time would have prevented the timing of the death but, in light of the other competing complications, it was unlikely she would have survived.
  • Wrongful termination case [2018]. Advised Trust following termination of pregnancy, which was believed to be 16-17 weeks gestation but which transpired to be 27-28 weeks (confirmed by post mortem). Advised on legality of abortion, coronial jurisdiction, Human Tissue Act, internal investigations, police/police investigation, safe guarding issues and consent/confidentiality.
  • Advising NHS England on compliance of NICHE report following fatal stabbing of a young woman by a mental health patient known to mental health services [2018].
  • Court of Protection matter of Bedford Hospital NHS Trust and Mr Bentley [2018]. Application made to determine the validity of an Advance Decision to refuse treatment made by Mr Bentley, who had motor neurone disease, when he had capacity.
Market recognition
  • Uk Recommended Lawyer 2022

    Recommended Lawyer

    The Legal 500 UK 2022

  • Web Chambers GPG 2021 Product Liability & Safety Contributorbadge

    Contributor

    Chambers Product Liability 2021 Global Practice Guide

  • Legal-500-UK-2021-recommended-lawyer.png

    Recommended Lawyer

    The Legal 500 UK 2021

  • Legal-500_UK_Recommended-lawyer.png

    Recommended Lawyer

    The Legal 500 UK 2020

  • Recommended_lawyer_2019.png

    Recommended Lawyer

    The Legal 500 UK 2019

  • 2017 - The Legal 500 - UK_recommended_lawyer (low res).png

    Recommended Lawyer

    The Legal 500 United Kingdom 2017