Publications
Defending a Products Liability Lawsuit
Medical device and drug manufacturers have no intent or desire to introduce harmful devices or drugs into the marketplace. In addition, FDA’s strict regulation of these companies is...
Developing a Medical Device Recall Action Plan
Medical device recalls are initiated when a medical device is defective, poses a risk to health, or both. The medical device manufacturer is generally charged with voluntarily initiating...
Proactive Document Management for Device Manufacturers – Part 2
Part 1 of this article discussed the importance of documents in designing and manufacturing products and how the existence of or lack of drawings, plans, and other records has hurt...
The Foreign Corrupt Practices Act
What is the Foreign Corrupt Practices Act? The Foreign Corrupt Practices Act (FCPA) is a federal law that makes it illegal for companies to make payments to foreign government officials...
Claims Burgeoning in California Courts
Question:Why are we seeing more life sciences cases in California? Answer: One of the biggest obstacles facing defendants in medical device litigation is jurisdiction and forum...
Mitigating the Risks of Foreign Suppliers
Question:How can life sciences companies mitigate the products liability risks associated with using foreign suppliers? Answer:As pricing pressures weigh on medical device and...
Manufacturing and Design Defects
Introduction Manufacturing defects were the original defects envisioned when strict liability was first conceived in the early 1900s. Strict liability was developed in the context of...
Post-Sale Duties: Common Law and Post-Sale Safety Management
Introduction Merely manufacturing, designing and selling a safe product may not satisfy a product manufacturer’s legal duties. Many years ago, courts held that a manufacturer has a duty...
The Learned Intermediary Doctrine
The Doctrine The Learned Intermediary Doctrine provides that a drug or medical device manufacturer has no legal duty to warn consumers of a drug or medical device’s harmful side effects...
Crisis Management: Steps You Can Take Now to Be Prepared, Part I
Imagine you learn of a serious adverse event that involves your product. Upon receiving notice of the occurrence, your company is obligated immediately to perform certain activities,...