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 management, product preservation, and more—this article compiles the takeaways and best practices from the exploration of each area.
Litigation Challenges for Life Sciences Companies
Joint & Several Liability
Transparency as a Regulated Industry
Sensitivity of Potential Plaintiff Class
You’ve Been Sued, Now What?
- Venue and jurisdiction matter to the outcome of the claim. Your attorney should be conscious of the desirability of and alternative options to the court in which your case was filed. Most often, corporate defendants prefer to litigate in federal court when possible.
- Discovery is a lengthy and expensive process. Your company should be willing and ready to dispense a “litigation hold” (to preserve documents for trial) and have a document management system already in place to minimize the timely and costly process of producing hundreds of thousands of documents.
- Experts are critical. In most products liability cases, and especially in life sciences products liability cases, the role and weight of experts cannot be underestimated.
Working with Your Insurer – The Tripartite Relationship
Responding Effectively When Your Product Is Under Attack
Crisis Management: Steps You Can Take Now to Be Prepared
Adopting a Safety Policy and Assembling a Safety Team
Managing Litigation Expenses: Ebbing the Tide
Insurance Issues that Arise in Life Sciences Litigation
Case Resolution Strategies: Considering the Alternatives
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Medmarc is a part of ProAssurance Group, a family of specialty liability insurance companies. The product material is for informational purposes only. In the event any of the information presented conflicts with the terms and conditions of any policy of insurance offered from ProAssurance, its subsidiaries, and its affiliates, the terms and conditions of the actual policy will apply.
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