Drug Product Liability Litigation (21147). 2 units. More product liability lawsuits are filed against drug manufacturers than all other industries combined. As one scholar put it, the pharmaceutical industry is now “tobacco-land in terms of how much people hate it,” and drug product liability litigation is a “growth industry.” This course, taught by a practitioner with vast experience trying such cases, will consider the theory and practice of such litigation. At the outset, we will focus on the similarities and differences between pharma cases and other product liability cases, using the Diet Drug cases tried by the instructor as a model. We will then consider the doctrines governing such lawsuits—such as “failure to test”; inadequate warning; preemption of claims by federal regulation; learned intermediary; medical causation; and various forms of damages—discussing those issues both in their classic formulation in a single lawsuit, but also in the way those principles are applied in mass litigation, where there may be several thousand individual cases and multiple trials. The course will also consider the practical aspects of those cases, such as the special evidentiary problems when doctors are witnesses; techniques to present scientific material to juries; approaches to trial examination; and jury-selection strategies. Course Requirements: Short mid-term “bench" memorandum: (40 percent); self-scheduled final (open book; 50 percent); class participation (10 percent). Enrollment capped at twenty-five. Self-scheduled examination. P. T. Grossi, Jr.
SLB - 109 (Mon) Grade mode: graded CRN: 20109
Exam: 5/01/2017 - 5/15/2017 Questions available online Name or Id: Id