The Drug and Medical Device Committee is the preeminent continuing legal education organization for trial counsel, corporate counsel and risk management professionals who are involved in the defense of drug and medical device litigation. Committee members explore a diverse selection of product areas, such as biologicals/vaccines, blood products, medical devices, over-the-counter and prescription drugs and much more.
The Committee recently held its annual Seminar in New York City on May 16-17, 2013. The substantive program offered a variety of presentations, including trial skills demonstrations, panel presentations, and individual presentations on substantive and procedural strategies and issues at the forefront of drug and medical device litigation, including legal and ethical issues arising in off-label marketing and litigation, using a retrospectoscope approach in state of the art cases, and understanding applicable regulatory science and the priorities of the current FDA administration. The Seminar also featured company counsel meetings, a diversity luncheon, a breakout session exclusively for in-house counsel and the popular Young Lawyers Blockbuster session.
Planning has already begun for the DRI Drug and Medical Device Seminar next year, scheduled to convene May 15-16, 2014 in Washington, DC. Please make plans to join us and check back here in the coming weeks for additional details.
The Committee will also conduct a Committee meeting and offer a CLE presentation entitled, "Cutting Edge Issues in Drug and Device Litigation, Including the Latest in Preemption Under Mensing and Riegel and an In-house Perspective on the Challenges of Managing Product Liability Litigation With a Pending Parallel Government Investigation" at the DRI Annual Meeting to be held October 16-20, 2013 at the Sheraton Chicago Hotel & Towers.
In the last year, the Drug and Medical Device Committee has been a part of several important and successful programs and initiatives. For example, the Committee continues to plan and present webcasts on the most up-to-date topics for drug and device defense counsel. Our most recent webcast featured an excellent presentation focused on preemption in pharmaceutical litigation post-Mensing.
The Committee newsletter, Rx For The Defenses published on a quarterly basis. Recent articles have covered numerous substantive and procedural topics such as Rule 26 expert disclosure requirements for treating physicians and company witnesses, lessons learned from the U.S. v. Caronia decision, and current issues in e-discovery. The newsletter is distributed electronically and is available to all members of the Drug and Medical Device Committee. Please e-mail the Committee’s Newsletter Editor, Melissa Roberts Tannery , if you are interested in contributing to an upcoming edition.
The Committee continues its tradition of coordinating an excellent collection of drug and medical device-related articles for publication in For The Defense. Past issues have included articles on topics relevant to drug and medical device litigation, including excluding regulatory violations from defect cases, defending cases involving pharmacovigilance, the latest innovator liability, evaluating adverse causation in clinical trials, managing physician-company conflict of interest, implied conflict preemption defense, product liability biologics and biosimilars, and defending biopharmaceuticals. The next issue of For the Defense, due out next month, will include multiple articles relevant to in-house counsel, outside counsel and other professionals engaged in defending drug and device manufacturers and distributors.
The Committee also produces its popular Litigation Primer for lawyers new to the practice. This one-day program brings together many of the most outstanding trial lawyers and in-house counsel in the country to share their experiences with younger lawyers. Topics during the 2012 Primer included the FDA regulatory system, defenses in drug and medical device litigation, medical causation, the law of failure to warn claims and a number of other key topics for the new practitioner. The Litigation Primer is next slated for September 2014.
The Drug and Medical Device Committee is one of DRI's largest committees, and there are endless opportunities to become involved. Please contact Scott Sayler or Jim Rodgers if you are interested in becoming active in the Committee.