| Protective Orders in Drug Product Liability Litigation |
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| After a drug product liability lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) engage in a process called discovery. The purpose of discovery is to allow a party to learn more about the important facts of the case before trial and the other party's evidence. The scope of discovery is very broad. It covers any information that is relevant to the case or which may lead to relevant evidence. Privileged information and the work product of the opposing party's lawyer (the lawyer's written observations, theories, opinions, and research) do not have to be disclosed. Privileged information includes oral and written communications between an attorney and his/her client. More... |
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| Apportionment of Liability |
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| The apportionment of liability between multiple defendants in product liability actions varies from state to state. The state laws governing apportionment of liability range from joint and several liability to proportionate liability to various hybrid forms of apportionment. Under the theory of joint and several liability, a plaintiff could recover all of his or her damages against only one of multiple defendants. Joint and several liability was designed to allow plaintiffs to recover from some defendant instead of having to pursue all potential defendants who could avoid liability by blaming the injury on other defendants. Joint and several liability places the burden on the defendant of joining other tortfeasors in an action or risk having to pay for all of a plaintiff's damages alone. More... |
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| Direct-to-Consumer Advertising of Prescription Drugs |
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| What is the learned intermediary doctrine? More... |
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| Punitive Damages in Products Liability Lawsuits |
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| In the context of products liability litigation, damages means a monetary award to compensate an injured person for medical expenses, lost wages, and the pain and suffering associated with the injury. In addition, the courts can award punitive damages, also called exemplary damages. Punitive damages are awarded to punish the manufacturer or seller that caused the injury when the court finds that the misconduct of the manufacturer or the seller was outrageous. The courts try to deter similar conduct in the future by awarding punitive damages. Punitive damages are aimed at deterrence and retribution.
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| Silica Litigation |
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| Silica is a natural component in nearly all forms of sand. It can, however, cause severe medical problems, particularly lung disorders. Once silica is ground into dust, it can travel into the lungs, causing tissue scarring and air flow obstruction. Injuries from silica exposure most often occur in those who work as sandblasters, in foundries, or as glassmakers.
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