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David L. Ferrera, chair of the Product Liability and Toxic Tort Litigation practice group, presented at the American Conference Institute’s (ACI) 19th Annual Drug and Medical Device Litigation Conference on December 10. David’s panel “Developing a Crisis Checklist: Strategies for Pharmaceutical Companies and Medical Device Companies to Counteract Negative Press and Potential Juror Bias” discussed what companies should consider during a products liability litigation.

Topics included: 

• Protecting the blockbuster product: what should companies be doing before, during, and after products liability litigation? 
  • How the potential for litigation should affect how prudent companies conduct themselves in the regulatory environment 
  • Identifying a “signaling event” for impending litigation 
  • Bringing the team together once there is potential litigation: science experts, regulatory lawyers, commercial/products support lawyers, and outside counsel 
  • How can outside counsel best help? 
  • Special considerations for products still on the market during litigation: preventing the litigation from tanking the product 
• Developing a proactive media relations policy as part of your overall crisis management plan 
  • Maintaining good relations and effectively communicating with your shareholders during litigation 
  • Assessing and combating reputational risk as a result of the litigation 
• Training employees on the significance of litigation holds and good document retention practices 
• Identifying and locking in potential expert witnesses early, particularly in the case of multiple defendants

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