About
The past year has been another turbulent one for the drug and device industry….with critical plaintiff tools such as
medical monitoring gaining footing in more and more jurisdictions… defense weapons such as
preemption losing ground… and
DTC advertising under constant scrutiny from the media and the feds. Combine those factors with the assault on
protective orders designed to make such strategic protections of a company's product virtually impotent and it's clear that the past year saw many challenges that will only intensify tomorrow's litigation.
In this volatile arena even the most sophisticated drug and device litigator needs an up-to-the-minute understanding of the latest trends and developments to remain at the leading edge in the face of these multi-faceted assaults.
The American Conference Institute's Seventh Annual Drug and Medical Device Litigation conference materials will provide you with the practical tools, insights and information you need to stay on top of this volatile litigation.
This year's conference included a focus on
medical device companies and
claims. We heard from such renowned companies as
3M, Guidant, Medtronic, Sulzer and
Zimmer. Drug companies will benefit from the exceptional updates, with several representatives from
Allegiance, Aventis, Bayer, Boehringer Ingelheim, Bristol-Meyers
Squibb, Eli-Lilly, Pharmacia and
Wyeth. The hottest topics of the year were covered, including:
- Lessons learned from the Sulzer Hip Settlement: strategies for settling your mass tort case
- The preemption defense… how extensive is it? what courts are
attempting to limit its scope? what does that mean for your case?
- Practical strategies to overcome the hurdles of the medical monitoring claim
- Litigating on your terms: successful defense techniques for vaccine litigation
- Protecting the self-critical analysis privilege
and mitigating potential exposures
- Marketing and over-promotion… making sense of the blurred legal boundaries
- Statewide proceedings and MDL: coordinating for efficient and effective litigation and getting the more favorable venue
- Preserving the utility of protective orders
- Protecting the integrity of the company with a coherent media and consumer relations strategy
Contents & Contributors
THE SULZER HIP AND KNEE IMPLANT LITIGATION: A CLASS ACTION
SETTLEMENT THAT WORKED FOR EVERYONE
Harvey L. Kaplan, Shook, Hardy & Bacon LLP (Kansas City, MO)
R. Eric Kennedy, Weisman, Goldberg & Weisman (Cleveland, OH)
Richard E. Scruggs, Scruggs Law Firm (Pascagoula, MS)
David S. Wise, Centerpulse USA Inc. (Houston, TX)
SUCCESSFUL STRATEGIES FOR VACCINE LITIGATION
Jeanne F. Loftis, Bullivant Houser Bailey PC (Portland, OR)
Linda M. Bolduan, Bullivant Houser Bailey PC (Portland, OR)
THE FEDERAL PREEMPTION DEFENSE: EXPRESS AND IMPLIED
PREEMPTION OF STATE LAW CLAIMS FOR MEDICAL DEVICES AND
DRUGS
Michael K. Brown, Crosby, Heafey, Roach & May (Los Angeles, CA)
Christina Stalnaker, Crosby, Heafey, Roach & May (Los Angeles, CA)
FEDERAL PREEMPTION OF STATE LAW MEDICAL DEVICE CLAIMS
Scot Milchman, Guidant Corp. (Minneapolis, MN)
WHEN COORDINATION FAILS: GETTING TO FEDERAL COURT AND
STAYING THERE
Barbara R. Binis, Reed Smith LLP (Philadelphia, PA)
THE ABCS OF MASS TORTS: IT'S ALL ABOUT COORDINATION
Gary D. McConnell, Bayer Corporation (Pittsburgh, PA)
Mary L. Meyer, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P.
(New Orleans, LA)
FEDERAL COURT AUTHORITY OVER STATE COURT PROCEEDINGS:
THE INTERPLAY BETWEEN THE ANTI-INJUNCTION ACT AND THE ALL
WRITS ACT
E. Paige Sensenbrenner, Adams & Reese (New Orleans, LA)
PRACTICAL CHALLENGES PRESENTED BY MEDICAL MONITORING CLAIMS
Orran L. Brown, BrownGreer, PLC (Richmond, VA)
Jan Muranaka Boivin, BrownGreer, PLC (Richmond, VA)
MEDICAL MONITORING TO DATE: THE ESSENTIAL BACKGROUND FOR
A SUCCESSFUL DEFENSE
Anthony B. Portuese, Esq., Pharmacia Corporation (Peapack, NJ)
MEDICAL MONITORING TO DATE: THE ESSENTIAL BACKGROUND FOR
A SUCCESSFUL DEFENSE
Diane P. Sullivan, Dechert Price & Rhoads (Princeton, NJ)
Jeanine M. Kasulis, Dechert Price & Rhoads (Princeton, NJ)
DOCTOR STILL KNOWS BEST: THE CONTINUED VIABILITY OF THE
LEARNED INTERMEDIARY DOCTRINE
Connie A. Matteo, Porzio, Bromberg & Newman, P.C. (Morristown, NJ)
Diane M. Fleming, Porzio, Bromberg & Newman, P.C. (Morristown, NJ)
THE IMPLICATIONS OF PROMOTING PRESCRIPTION DRUGS TO PHYSICIANS
Alice S. Johnston, Buchanan Ingersoll (Pittsburgh, PA)
STRATEGIC USE OF PROTECTIVE ORDERS – WHY COMPANIES NEED AND
WANT PROTECTIVE ORDERS: THE CLIENT'S PERSPECTIVE
Hildy Bowbeer, 3M Innovative Properties Company (St. Paul, MN)
STRATEGIC USE OF PROTECTIVE ORDERS IN LITIGATION: ELEMENTS OF
A GOOD PROTECTIVE ORDER
Michele Suggs, Bristol-Myers Squibb (New York, NY)
PROTECTIVE ORDERS IN LITIGATION
Kimberly S. Penner, Sedgwick, Detert, Moran & Arnold (New York, NY)
PRESERVING THE SELF-CRITICAL ANALYSIS PRIVILEGE
Mark S. Brown, King & Spalding (Washington, DC)
Sue R. Halverson, Medtronic, Inc. Minneapolis, MN)
DAUBERT UPDATE: SELECTED DECISIONS IN 2002
Diane E. Lifton, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.
(Newark, NJ)
Allison B. Neidoff, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.
(Newark, NJ)
HEALTHCARE INDUSTRY UNDER SIEGE: THE LIGHT AT THE END OF THE
TUNNEL REALLY IS A TRAIN
Jessica Stoltenberg, Medtronic, Inc. (Minneapolis, MN)
TIPS FROM INSIDE COUNSEL
Mark Herrmann, Jones, Day, Reavis & Pogue (Cleveland, OH)
Heather V. Miller, Jones, Day, Reavis & Pogue (Cleveland, OH)
DISCOVERY AND ADMISSIBILITY OF ELECTRONIC EVIDENCE
Lana K. Varney, Fulbright & Jaworski, L.L.P. (Austin, TX)
Publication Details