Publications
Claims and Litigation (2)
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...
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...
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,...
You’ve Been Sued, Now What?
Introduction Being the recipient of a lawsuit is unsettling and disruptive to any company. Not only can it be expensive to defend against, but the process itself can be complex,...
Who’s Driving This Bus? Issues Involving the Tripartite Relationship
The tripartite relationship describes the dynamic between an insurer, an insured, and a defense attorney hired by the insurer to defend the insured. Its scope and defense counsel’s...
Depositions in Life Sciences Products Liability Cases
Introduction Modern litigation is composed primarily of the “discovery” process, and the most visible—and arguably most important—component of the discovery process is the deposition....
Insurance Issues that Arise in Products Liability Litigation for Life Sciences Companies
Astute life sciences companies purchase products liability insurance to assure the protection of their assets and reputations in the event a claim arises alleging their product caused...