Publications
Series: Litigation 360
What You Need to Know About Products Liability Litigation: Key Takeaways
Products liability litigation has several unique facets when life sciences products are involved. Having explored several areas in which this is particularly true—case resolution, crisis...
Products Liability Litigation Challenges for Life Sciences Companies, Part II
In addition to the challenges that were addressed in the previous installment of Litigation 360—negative jury biases and joint and several liability implications—there are a couple of...
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...
Case Resolution Strategies
When products liability claims arise, we often conceive of the options for resolving them as binary—either settle the claim or, should settlement not be reached, litigate it in a trial....
Adopting a Safety Policy and Assembling a Safety Team
Large or small, every life science or medical technology company will eventually have to deal with a products liability claim or event. A lack of adequate planning for such an...
Managing Litigation Expenses: Ebbing the Tide
You’re the CEO of a medical device company that manufactures implantable orthopedic devices. Your company has enjoyed years of success with limited FDA involvement. But then the Warning...