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.
This past May, we concluded our annual Drug and Medical Device Seminar which was held this year in San Francisco. In keeping with our tradition of providing the very best combination of substantive and demonstrative lessons, the sessions included, among others, a demonstration on using graphics in the courtroom, best practices for defending drug and device cases on the science, forum non conveniens issues, the learned intermediary doctrine under attack, litigation risk assessments, potential civil and criminal liability arising from clinical trials, presenting clinical trial evidence at trial, preemption one year after Levine and Riegel, using history to overcome common juror misperceptions, defending consumer protection claims, what every product liability lawyer needs to know about patents, and a panel discussion regarding protecting your client's insurance claims.
The Drug and Medical Device Steering Committee is already planning next year's Seminar. It will be held in Chicago on May 5-6, 2011. Make plans now to join us.
In the last year, the Drug and Medical Device Committee has been a part of several important and successful programs and initiatives. Thus far in 2010, the Committee hosted a Webcast on Combating Efforts to Case a Wide Net: New Enforcement Approaches to Pursue Off-Label Promotion. Ann M. Byrd, from DLA Piper, Joseph J. Leghorn, from Nixon Peabody, and Allen A. Thoen, from Pepper Hamilton, were the featured speakers. In 2009 and 2010, the Committee published two issues of its newsletter, Rx For The Defense. The articles covered numerous substantive and procedural topics such as Wyeth v. Levine, Conte v. Wyeth, the causation requirement in statutory consumer fraud claims, and the learned intermediary doctrine. The newsletter is distributed electronically and is available to all members of the Drug and Medical Device Committee. We intend to publish two issues annually.
The Committee continues it tradition of coordinating an excellent collection of drug and medical device-related articles that were published in the July 2009 issue of For The Defense. The issue included eight articles on issues relevant to drug and medical device litigation, including articles on medical monitoring class actions, federal preemption defense post-Levine, defending parties in the chain of distribution, the Court's decision in Conte, preemption in nonprescription drug cases, the Biomaterials Access Assurance Act, the learned intermediate landscape from the patient's perspective and educating the court with scientific tutorials and court-appointed experts.
On September 29, 2010, the Committee will once again present 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 include 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. Click here for additional information.
The Drug and Medical Device Committee is one of DRI's largest committees, and there are endless opportunities to become involved. Please contact Jack McCowan or Scott Sayler if you are interested in becoming active in the Committee.