About This Course
In a culture where lawsuits are often a client’s first response, it’s essential to evaluate potential cases on the basis of firm criteria. This is particularly important with regards to pharmaceutical, medical device and toxic tort litigation. While a person’s pain and suffering are certainly relevant issues, the viability of a claim rests on others. This CLE course will explain the criteria to consider when evaluating the viability of a mass tort litigation with regards to these areas and will review such issues as:
Pharmaceutical and Supplement cases:
- Over the counter (OTC) vs prescription
- Nutritional supplement as a branch of OTC
- Role of package insert on warnings case viability
- Timing of the label change in relation to the injuries
- Design defects
- Injury Assessments
- Statute of limitations
- Injury prevalence in population of product users
- Generic drug cases – preempted or viable??
- Solvency of defendants
Medical Device Cases:
- Preemption Class III PMA
- Substantial Equivalence
- Manufacturing Defects
- Design Defects
- Confounding Medical Malpractice
- Device Preservation and Storage and Analysis
Toxic Tort Litigation:
- Criteria
- Number of Defendants – Less is More
- Worker Cases and Exposure levels
- Compensation bar; sophisticated user and bulk supplier defenses
- Environmental exposure and exposure pathways
- Polluters and their viability, pollution exclusion
- Proof of exposure levels
- Medical monitoring – pros and cons
- Proving and Modeling Exposure
- Daubert and Frye factors
