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Reducing Frivolous Litigation

By Michael R. McDonald, Kim M. Catullo and Michelle M. Bufano
July 29, 2004

Part One of a Two-Part Article

Frivolous lawsuits are one of the most problematic issues facing drug and medical device companies today. Many frivolous lawsuits are either ultimately dismissed for lack of causation after years of litigation and the expenditure of exorbitant sums of money in defense costs, or settled by corporations that are not culpable, but “litigation-weary.” This waste of time and resources easily could be avoided if plaintiffs were required to submit an affidavit of merit with respect to product defect and/or causation at the inception of the case.

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