Drug and Device Product Liability Litigation Strategy

In this high-stakes, rapidly-evolving field of practice, this book provides valuable assistance to lawyers through strategic guidance, practice pointers, and discussion on key shifts in the legal landscape since the first edition.

Drug and Device Product Liability Litigation Strategy

Drug and Device Product Liability Litigation Strategy

Thousands of lawsuits continue to be filed in federal and state courts each year to seek recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into federal multidistrict litigation, multi-plaintiff cases, and class actions. As drug and device litigation remains as active as ever, companies that develop new drugs and devices continue to face significant and often costly product liability litigation in the United States. This new and revised edition of Drug & Device Product Liability Litigation Strategy provides detailed background, discussion, and strategic guidance to those practicing in this field. The book offers lawyers a detailed analysis of the full range of issues involved in drug and device litigation, including pre-litigation counselling, document preservation and discovery, consolidation and mass joinder, multidistrict litigation, class action litigation, admissibility of expert testimony, dispositive and pre-trial motion practice, jury selection, and trial. This second edition not only contains thorough revisions to reflect recent changes in the legal landscape following key court decisions and statutory developments in areas such as preemption, admissibility of expert testimony, the learned intermediary doctrine, and innovator liability, but also contains new analyses of issues such as personal jurisdiction, pre-litigation counselling, and the amended Federal Rules of Civil Procedure. It is an indispensable guide to lawyers handling cases in this high-stake, high-profile, and rapidly evolving area.

Drug and Device Product Liability Litigation Strategy

—HOWARD CYR, Senior Corporate Counsel for Fortune 100 Pharmaceutical Companies “Drug and Device Product Liability Litigation Strategy is a 'must read' for both novice and veteran litigators in the field of medical product liability.

Drug and Device Product Liability Litigation Strategy

Drug and Device Product Liability Litigation Strategy

Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.

Product Liability

From the initial client interview through every step in building the case, this book provides hundreds of valuable ideas and tactics from the perspective of both plaintiffs' and defendants' counsel.

Product Liability

Product Liability

From the initial client interview through every step in building the case, this book provides hundreds of valuable ideas and tactics from the perspective of both plaintiffs' and defendants' counsel.

Drug and Medical Device Product Liability Deskbook

Thus , applicability of MSP to settlements or judgments in private product liability litigation was controversial . ... product liability litigation will have to factor federal repayment demands into their litigation strategies .

Drug and Medical Device Product Liability Deskbook

Drug and Medical Device Product Liability Deskbook

This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.

Medicinal Product Liability and Regulation

60See, MHermannandDB Alden, Drug and Device Litigation Strategy (Oxford, Oxford University Press, 2012) 317. 61 Ibid 317–18. 62 Ibid318. 63 DG Owen, Products Liability Law, 2nd edn (St Paul, MN, Thomson/West, 2008) § 14.4, 939.

Medicinal Product Liability and Regulation

Medicinal Product Liability and Regulation

The piecemeal developments in product liability reform in Europe have their origins in the tragic association of phocomelia in children with thalidomide in 1962. In many ways these events have continued to generate pressure for reform of product liability, especially for the victims of drug-induced injury. This monograph attempts to address the major problems that typify claims for drug-induced injury, as well as highlighting the complex interrelationship between liability exposure and drug regulation. While medicinal products are subject to strict liability under the product liability directive, the claimant may have considerable difficulty in establishing that the relevant product is defective and that it caused the damage. It may also be necessary to overcome the development risk defence where this is pleaded. The monograph addresses these problems on a comparative jurisprudential basis, and seeks to determine whether medicinal products should be treated as a special case in the field of product liability. It examines the role of epidemiological evidence in assessing causation in product liability cases concerning medicinal products in the light of recent developments in the UK Supreme Court, the United States, Canada and France. In particular, it addresses the difficulties in reconciling the standards of proof in law and science, including the theory that causation can be proved on the balance of probabilities by reference to the doubling of risk of injury. An important case study compares and contrasts the approaches of the UK and the US to the measles, mumps, rubella Litigation. The book also examines the question as to whether compliance with regulatory standards should protect pharmaceutical manufacturers from product liability suits. It seeks to support a via media whereby the victims of drug induced injury can receive justice, while at the same time encouraging drug safety and innovation in drug development.

Shapo on the Law of Products Liability

This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and ...

Shapo on the Law of Products Liability

Shapo on the Law of Products Liability

A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.

Products Liability

In the context of mass tort claims over drugs and devices , allowing offensive collateral estoppel to both plaintiffs ... 98 See 1 Drug Product Liability $ 105 [ 8 530 EFFECT OF JUDGMENTS Litigation Strategy in Light of Res Judicata and ...

Products Liability

Products Liability


Food and Drug Law Journal

Communications Strategies in Product Liability Crises WAYNE L. PINES * 1. INTRODUCTION The number of product liability cases involving drugs and medical devices has spiraled in recent years . The products that have been the subject of ...

Food and Drug Law Journal

Food and Drug Law Journal


Product Defects and Hazards

This volume ties in civil liability's reach into design and warnings, and contrasts those defects with each of the product categories in which governmental regulatory agencies make thier defect decisions.

Product Defects and Hazards

Product Defects and Hazards

This volume ties in civil liability's reach into design and warnings, and contrasts those defects with each of the product categories in which governmental regulatory agencies make thier defect decisions.

Legal Newsletters in Print

19 Class Action Litigation Reporter . 40 Drug Recall Litigation Reporter 66 FTC : WATCH . . 93 Impact .. 108 Litigation Watch : Arthritis Drugs . 137 LJN'S Product Liability Law and Strategy . 138 Mealey's Litigation Report ...

Legal Newsletters in Print

Legal Newsletters in Print


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