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

General Credits
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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

Lecturer Bios

Judge Marina Corodemus

Judge Corodemus is a highly experienced professional in Alternative Dispute Resolution (ADR) and a sought after special master by Federal and State Courts involving class actions, mass torts, environmental contaminations, natural resource damages, products liability, consumer fraud and serious aggregate litigation. She brings over 10 years experience on the bench as New Jersey's sole Mass Tort Judge. Judge Corodemus is the Director of ADR Practice in her firm Corodemus & Corodemus LLC with a national practice. She has lectured throughout the country. She is a member of the ALI Aggregate litigation Advisor Committee, is a Board and Executive Board Member of the Sedona Conference and is a adjunct Professor at Rutgers Law School in Newark, New Jersey.

Ellen Relkin, Esq.

Ellen Relkin is of counsel to Weitz & Luxenberg, P.C. in New York City and Cherry Hill, New Jersey and represents plaintiffs in pharmaceutical product liability and toxic tort cases. She is certified by the New Jersey Supreme Court as a Certified Civil Trial Attorney. She has been elected as a 2012 “Super Lawyer” of New Jersey and New York in the peer election process. Ms. Relkin was appointed by the Hon. David A. Katz as co-lead counsel in the DePuy MDL litigation. She was a member of the trial team of the Vioxx case, McDarby v. Merck, a case that resulted in a $13.5 million verdict, and has successfully argued the appeal before the New Jersey Appellate Division She has published articles on scientific evidence issues in the Cardozo Law Review, the Dickinson Journal of Environmental Law and Policy, and the Hofstra Law Review. She also serves on the Board of Advisors for BNA Product Safety and Liability Reporter, the Toxics Law Reporter, and MDEX Daubert Reporter. Ms. Relkin is an elected member of the American Law Institute, and serves on the Board of Governors of the New Jersey Association for Justice as well as the roscoe Pound Foundation. She is a member of the American Association for Justice, the New York State and New Jersey Trial Lawyers Associations, New Jersey, New York and American Bar Associations, and is former chair of the Toxic, Environmental and Pharmaceutical Torts Section of AAJ. She holds a law degree from Rutgers School of Law and an undergraduate degree from Cornell University where she graduated cum laude with Distinction in all Subjects. She was law clerk to the Honorable Sylvia Pressler, former Presiding Judge of the New Jersey Superior Court, Appellate Division.

Glenn Zuckerman, Esq.

Binghamton University 1993; JD from Benjamin N. Cardozo Law School 1996. Senior Associate Attorney at Weitz & Luxenberg P.C. For 16 years; managed the firm's Sulzer Hip, Vioxx, Bextra and Celebrex litigations; currently in charge of the general intake and settlement departments for W&L's Drug and Medical Device unit.

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