Carson v. Depuy Spine, Inc. -- Yukevich Calfo & Cavanaugh and David Schmahmann granted their motion for summary judgment in part because plaintiff failed to prove promotion of ‘off-label’ use. Counsel for DePuy Spine, Inc. included Yukevich Calfo & Cavanaugh, David Schmahmann, Nutter McClennen & Fish, and Barnes & Thornburg.
Drug & Medical Device Litigation Conference News
Recent news:
- New Federal Rule of Evidence 502, limiting attorney-client privilege and work product waivers was signed into law on September 19, 2008
- US DOJ revises its corporate charging guidelines
- The Financial Accounting Standards Board (FASB) is proposing that drug manufacturers be required to disclose more information about lawsuits and be more specific about damages they might have to pay
- Drug manufacturers advised to proceed cautiously in distributing journal articles that describe off-label product indications until FDA finalizes guidance on what practices are acceptable
- Wyeth v. Levine Supreme Court preemption cases scheduled for oral arguments
- Congress seeks to overhaul the FDA and give the agency more powers
- Qui tam off-label suits not being met favorably by courts.
- Pennsylvania court rules that a brand name manufacture can be liable to plaintiffs who purchases drugs manufactured by a third party
- Congress threatens to abolish the preemption defense
- NJ Supreme Court rejects certification of a medical monitoring class in coxx2 litigation
Topics at the 2008 Drug & Medical Device Litigation conference will include:
- Assessing the influence of Congress and the 2008 election on product liability litigation
- Managing outside counsel fees and controlling discovery costs
- Understanding how jurors perceive the drug and device industries and how to use that knowledge in devising litigation strategies
- Preparing corporate witnesses for litigation
The 2008 conference will feature faculty from these industry leaders:
AGA Medical, Alcon, Allergan, Bausch & Lomb, Bayer, Boston Scientific, Cardinal Health, EMD Serono, Johnson & Johnson, Medtronic, Novartis, Novo Nordisk, Pfizer, Roche, Schering-Plough, Shire, St. Jude Medical, Stryker, Wyeth
Notable speakers will include:
Gerald Masoudi, Judge Mark E. Fuller, Judge Harry D. Leinenweber, Judge Charles R. Wolle, Judge Donovan W. Frank, Judge Janis Graham Jack, Judge Marcia S. Krieger, Judge John R. Tunheim, Judge Mark I. Bernstein