基本説明
Provides useful practice pointers and overall strategic guidance for attorneys involved in product liability litigation for prescription drugs and medical devices.
Full Description
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 & 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 involved in product liability litigation for 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.
Contents
Acknowledgments ; 1. Introduction ; 2. The FDA's Regulation of Prescription Drugs and Devices ; 3. Pre-litigation Counseling ; 4. Legal Issues & Theories ; 5. Consolidated Proceedings ; 6. Aggregated Proceedings - Class Actions ; 7. Aggregated Proceedings - Multidistrict Litigation ; 8. Fact Discovery ; 9. Expert Retention and Discovery ; 10. Expert Testimony, Rule 702, And Daubert ; 11. Preemption ; 12. The Learned Intermediary Doctrine ; 13. Motions In Limine ; 14. Jury Selection ; 15. The Trial Of A Drug Or Device Case ; Table of Authorities ; Index
