Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The defense of a pharmaceutical or medical device product liability case often turns on the testimony of the core treating physicians. As defense counsel, we often are left holding our breath waiting to see how the physicians testify at their depositions or at trial. In addition to providing helpful factual testimony regarding their treatment of the plaintiff and the prescription of the drug or device at issue, the treating physicians may also hold opinions that support the defense, including opinions regarding causation, the adequacy of warnings, or the design of the product. Further, the treating physicians' testimony can lay the foundation for a dispositive motion based on the learned intermediary doctrine, which remains a strong and viable defense for pharmaceutical and medical device manufacturers. On the other hand, treating physicians may also be used by plaintiffs to support their liability allegations or to establish causation. It is, therefore, important for defense counsel to identify the key treating physicians early, to discover the potential scope of their testimony and opinions, and to try to work closely with their counsel.
The disclosure of the treating physicians under Rule 26 of the Federal Rules of Civil Procedure can determine the scope of the physician's testimony at trial. If the treating physician is not properly disclosed, a court may exclude or severely limit the physician's testimony. Thus, it is imperative that defense counsel be aware of current court decisions interpreting the disclosure of treating physicians under Rule 26 in their relevant jurisdiction. This will aid defense counsel both in developing strategy regarding their Rule 26 disclosures of treating physicians and in capitalizing on the opposing side's errors regarding disclosures of treating physicians. To that end, this article provides an analysis of federal court decisions over the past year that address Rule 26 disclosures of treating physicians.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.