Drug and Medical Device on Trial

About

2009 has been a whirlwind year for the drug and device industries – numerous developments in the industry are predicted to lead to increased product liability litigation in 2010.

With a final decision on FDA preemption still unannounced at press time, a newly-developing set of caselaw seeking to re-establish the limits of innovator vs. generic product liability and an unwavering initiative by the government to crackdown on off label promotion, plaintiff’s counsel will no doubt, continue to utilize poor juror perception, media bias and even government investigation as their motivation for continuing to bring high-profile, high-publicity litigation against the drug and device industries. With jury verdicts in the past two years totaling in the billions, there is no room for error in the courtroom.

Back in it’s 3rd installment, ACI’s Drug and Medical Device On Trial, offers participants a rare opportunity to witness tried and true litigation witness examination tactics, as well as opening and closing statement strategies, demonstrated live over the course of an intense, two-day mock trial.

Attend Drug and Device On Trial to Learn – From the Experts -
How to Most Effectively Defend Against Your Next Product Liability
Case When It Strikes

For the past 13 years, drug and device litigators from across the country have relied on ACI to provide them with the most cutting edge insights on issues currently being litigated, at our annual Drug and Medical Device Litigation event. In contrast to the annual event, Drug and Medical Device On Trial, provides the ultimate trial skills demonstration for pharmaceutical and device manufacturers and their counsel. Drawn from one central adverse event fact pattern (see page 6-7 infra), and updated this year to reflect emerging issues in drug and device product liability litigation, including off label promotion and DTC advertising, this event brings together the top defense litigators in the country, who are in the trenches, making news and setting precedent, defending the top drug and device manufacturers in the world.

Demonstrating and offering novel jury communication strategies on the most challenging aspects of drug and device product liability trials, this mock trial event will explore, by way of direct and cross examination, how to effectively:

• connect with the jury during opening and closing statements
• conduct a cross examination of key plaintiff witnesses including, the plaintiff; prescribing/treating physician; regulatory/FDA expert; cardiologist; marketing expert and pharmacologist
• conduct a direct examination of the company witness; in-house scientist; company regulatory professional; defense cardiologist, FDA expert; and pharmacology expert

Also, to provide additional insight into how and what the process is for selecting the right company witness, an in-house roundtable discussion has been added to this year’s agenda as well. Featuring in-house co-chairs representing both the drug and device industries (Eli Lilly and Company and Medtronic), as well as commentary following each segment from renowned federal and state judges who are actively involved in these cases, Drug and Medical Device On Trial will be one of the most useful and innovative conferences you’ll attend in your career.

A unique opportunity for law firm litigators and in-house counsel to learn from the best drug and device litigators, while also obtaining firsthand insights by evaluating litigation tactics and approaches currently being used in high-stakes, high-profile drug and device litigation, there is no other event on the market to offer the intense benefit you will take away from this conference!

Contents & Contributors

Crafting a Compelling Opening Statement – Strategies for Engaging the Judge and Jury While Introducing the Court to Your Theory of the Case
Andrea Roberts, Partner, Baker & Daniels LLP (Indianapolis, IN)

Cross-Examination of the Plaintiff
Lori G. Cohen, Shareholder, Greenberg Traurig, LLP (Atlanta, GA)

Cross-Examination of the Prescribing/Treating Physician
Joseph P. McMenamin, Partner, McGuireWoods LLP (Richmond, VA)

Cross-Examination of the Plaintiff’s Cardiologist
Harvey L. Kaplan, Partner, Shook, Hardy & Bacon L.L.P. (Kansas City, MO)

Cross-Examination of the Plaintiff’s Regulatory/FDA Expert
Debra M. Perry, Partner, McCarter & English, LLP (Newark, NJ)

Cross-Examination of the Plaintiff’s Pharmacologist
Stephen A. Wood, Partner, Kelley Drye & Warren LLP (Chicago, IL)

Direct Examination of the Company Witness
Caryn M. Silverman, Partner, Sedgwick, Detert, Moran & Arnold LLP (New York, NY)

Direct Examination of the Company Regulatory Professional Responsible for FDA Submissions
John J. Sullivan, Partner, Dechert LLP (Princeton, NJ)

Direct Examination of the Defense FDA Expert
John Garde, Partner, McCarter & English LLP (Newark, NJ)

Direct Examination of the Defense Pharmacology Expert
Charles F. Morrow, Partner, Butler, Snow, O’Mara, Stevens, and Cannada, PLLC (Memphis, TN)

Persuading the Jury Through a Well-Crafted Closing Argument
Joseph J. Ortego, Partner, Nixon Peabody LLP (New York, NY)