Sales Representative in the OR: Navigating a Liability Minefield a 15-year Retrospective
Fifteen years ago, Attorney Eric Zalud joined Medmarc as the inaugural Risk Management webinar presenter, speaking on a topic of great importance to the Medmarc audience – the products liability risk created when sales reps enter an operating room (OR) setting. Proving that, as much as technology changes, many aspects of products liability risk in life sciences stay the same, Eric returns in this special edition webinar with an update for us for a 15-year Retrospective. The discussion covered the role of sales representatives, their interactions with doctors and hospital staff, and the potential for legal issues arising from their presence in ORs. Eric highlighted the importance of understanding the legal principles involved in such situations, as they can become complex and challenging. The presentation also touched on the role of sales representatives in providing technical support and training to surgeons. Eric wrapped up the webinar with a useful top 10 tips for minimizing liability in the OR.
On-demand Chapters:
00:00 - Introduction About the Speaker; Eric Zalud | Benesch
05:16 - Primary Role of a Sales Representative
06:57 - Sales Representatives in the OR: What They Know May Be Dangerous
13:17 - Consent Form Examples
15:59 - Preemption
19:46 - Liability of Sales Representative for Acts Occurring in the OR
25:48 - Learned Intermediary Doctrine
32:04 - Lightning Round!
35:18 - Duty to Train
36:47 - The Hospital’s Perspective
38:34 - The Sales Rep's Perspective
41:24 - Top 10 Tips for Minimizing Liability for Reps in the OR
44:53 - One Last Buzz Word that Could Win Your Case
46:22 - Questions and Closing
Presenter
Eric Zalud | Co-Chair, Transportation & Logistics Practice Group; Vice Chair, Litigation Group
Eric is Co-Chair of the firm’s Transportation & Logistics Practice Group and a Vice Chair of the Litigation Group.
Eric has litigated or arbitrated matters in 33 states, before state and federal trial and appellate courts in various jurisdictions, and before the Surface Transportation Board, the Department of Veterans Affairs, the United States Olympic Committee, the Better Business Bureau, the Federal Maritime Commission and the Court of International Trade.
Over the last 18 years, he has tried 35 cases, and his trial record is 31-4.
In his litigation career, Eric has saved his clients over $14.9 billion in potential litigation exposure and risk, through his litigation wins for them.
Eric has extensive medical device and pharmaceutical defense practice. In 2002, he was named Medmarc Medical Device Attorney of the Year. Overall, he has litigated over 100 product liability claims involving variety of biotech/life science products.
