BREAKOUT SESSIONS (CHOOSE A OR B)

A — Tactics for Combatting “Non-Traditional” Liability Theories in Drug and Medical Device Product Liability Cases

B — Addressing The Latest and Greatest in Plaintiffs’ Bar Attacks on OTC Drugs and Consumer Health Products

December 6, 2022 4:30pm

Track A:
Wendy West Feinstein

Wendy West Feinstein
Partner
Morgan, Lewis & Bockius LLP (Pittsburgh, PA)

Sandra Di lorio
Senior Litigation Counsel
Endo

Amy Vanni
Partner
McCarter & English LLP (Philadelphia, PA)

Steven Weisburd
Shareholder
Carlton Fields (Los Angeles, CA)

Track B:

Paul J. (PJ) Cosgrove
Partner | Co-Group Leader, Product Liability
Ulmer & Berne LLP (Cincinnati, OH)

Thomas Kurland
Counsel
Patterson Belknap Webb and Tyler LLP (New York, NY)

Stephen J. McConnell
Partner
Reed Smith LLP

A — Tactics for Combatting “Non-Traditional” Liability Theories in Drug and Medical Device Product Liability Cases

In recent years, the plaintiffs’ bar has increased their creative attempts to expand or circumvent traditional liability theories. This panel will explore new theories of tort liability, as well as how to best combat claims that expand the confines of traditional liability. Topics to be discussed include:

  • How the defense bar can prepare for the latest plaintiff bar attempts to circumvent traditional liability theories in drug and medical device claims
  • Examining “public nuisance” theory of how this is playing out in the courts today
  • Assessing the recent trend of plaintiffs pushing “failure to warn” claims under the guise of “failure to report” adverse events to the FDA
    • Understanding the implications of Glover v. Bausch & Lomb, Inc., — A.3d –, 2022 WL 2035805 (Ct. S. Ct. Jun. 7, 2022)
  • Analyzing the recent string of lawsuits against Gilead alleging that their life-saving HIV drug (Truvada) should have been replaced sooner with a better version
  • Devising defense strategies to succeed against these non-traditional claims

B — Addressing The Latest and Greatest in Plaintiffs’ Bar Attacks on OTC Drugs and Consumer Health Products

  • What lessons can be taken from OTC Class Actions OTC Class Actions that may apply to litigation in the Rx pharma space?
  • Addressing the rising trend of consumer advocacy research labs (e.g. Valisure, Emery Pharma) performing their own testing on OTC products that are spawning product recalls and class litigations
  • Understanding the role of these consumer advocacy groups and their behind-the-scenes coordination with the plaintiffs’ bar
  • Navigating the unique challenges inherent to OTC/consumer product litigations, such as lack of prescriptions, receipts and written records of product use
  • Examining the growing number of Tylenol lawsuits are now being filed against manufacturers of acetaminophen-based drugs: will this be the next big MDL?