Drug and Device Product Liability Litigation Strategy

Paperback | January 5, 2012

byMark Herrmann, David B. Alden

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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 occasionallybecomes 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 forattorneys 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 Riegelv. 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.

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From the Publisher

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 occasionallybecomes life-threatening for the defendant corp...

Mark Herrmann is Vice President and Chief Counsel - Litigation at Aon Corporation, which is the world's leading insurance and reinsurance broker. Before joining Aon, he was a partner at Jones Day, where his practice focused on the defense of class action and mass tort litigation, including pharmaceutical and medical device cases. Mr....

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Format:PaperbackDimensions:538 pages, 9.25 × 6.12 × 0.68 inPublished:January 5, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199734941

ISBN - 13:9780199734948

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Table of Contents

Acknowledgments1. Introduction2. The FDA's Regulation of Prescription Drugs and Devices3. Pre-litigation Counseling4. Legal Issues and Theories5. Consolidated Proceedings6. Aggregated Proceedings - Class Actions7. Aggregated Proceedings - Multidistrict Litigation8. Fact Discovery9. Expert Retention and Discovery10. Expert Testimony, Rule 702, And Daubert11. Preemption12. The Learned Intermediary Doctrine13. Motions In Limine14. Jury Selection15. The Trial Of A Drug Or Device CaseTable of AuthoritiesIndex