At the outset of a medical device product liability case, the device in question may not be in possession of either party. For example, the device may be with a medical examiner, or it could be maintained by a non-party medical facility or medical provider.
Practice Tip: A Non-Party Spoliates Key Evidence
Many product liability litigators have experience in dealing with first-party spoliation or assertions of spoliation, either when their own clients are alleged to have spoliated evidence, or when the opposing party purportedly has done so.
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Marcella C. Ducca And Christiana JacxsensThis premium content is locked for LawJournalNewsletters subscribers only
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