Mass Torts: Viability Evaluation in Pharmaceutical, Medical Device and Toxic Tort Litigation


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About This Course

In a culture where lawsuits are often a client’s first response, it’s essential to evaluate potential cases on the basis of firm criteria. This is particularly important with regards to pharmaceutical, medical device and toxic tort litigation. While a person’s pain and suffering are certainly relevant issues, the viability of a claim rests on others. This CLE course will explain the criteria to consider when evaluating the viability of a mass tort litigation with regards to these areas and will review such issues as:

Pharmaceutical and Supplement cases:

  • Over the counter (OTC) vs prescription
  • Nutritional supplement as a branch of OTC
  • Role of package insert on warnings case viability
  • Timing of the label change in relation to the injuries
  • Design defects
  • Injury Assessments
  • Statute of limitations
  • Injury prevalence in population of product users
  • Generic drug cases – preempted or viable??
  • Solvency of defendants

Medical Device Cases:

  • Preemption Class III PMA
  • Substantial Equivalence
  • Manufacturing Defects
  • Design Defects
  • Confounding Medical Malpractice
  • Device Preservation and Storage and Analysis

Toxic Tort Litigation:

  • Criteria
  • Number of Defendants – Less is More
  • Worker Cases and Exposure levels
  • Compensation bar; sophisticated user and bulk supplier defenses
  • Environmental exposure and exposure pathways
  • Polluters and their viability, pollution exclusion
  • Proof of exposure levels
  • Medical monitoring – pros and cons
  • Proving and Modeling Exposure
  • Daubert and Frye factors

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