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Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.
This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
This edition of Professor Owen's classic treatise refines and updates the first edition's acclaimed examination of products liability law and theory in action. Topics include introductory discussions of the nature and history of this field of law in America and abroad; detailed treatments of theories of liability, product defectiveness, causation, defenses, and proof; considerations of various special types of litigation; and punitive damages. Throughout, the treatise explores the underlying tensions and policies in this area of law and explains the impact of the Restatement of the Law of Torts, Third: Products Liability.
Focus the expertise & practical advice of Products Liability, Second Edition on your next trial. This invaluable courtroom aid puts at your fingertips all the information you need to organize a powerful products liability case. Citing extensive trial & appellate case law, this volume gives the practicing attorney the latest developments for attacking or defending with greater precision & effect. Products Liability challenges hidebound interpretations & finds new approaches to dogmatic rules (such as unforseeable misuse, contributory illegality, etc.). This treatise will ignite your imagination to use these rules to create opportunities, not limit your options.
In Drug and Device Product Liability Litigation Strategy, Mark Herrmann and David B. Alden provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices.