It is increasingly common in product liability cases for a plaintiff to disclose as an expert a former employee of a government agency such as the Consumer Product Safety Commission (“CPSC”) or the Food and Drug Administration (“FDA”).
Former Government Employees as Opposing Expert Witnesses
It is increasingly common in product liability cases for a plaintiff to disclose as an expert a former employee of a government agency such as the Consumer Product Safety Commission ("CPSC") or the Food and Drug Administration ("FDA"). These witnesses frequently advertise themselves as experts in "product/drug safety" and refer to their regulatory background as their primary qualification. Frequently, however, these witnesses' responsibilities as government employees had little, if anything, to do with the subjects about which they are now testifying. Nevertheless, these witnesses are dangerous if allowed to testify to a jury, because they lend the credibility of the U.S. government to the plaintiff's case.
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James H. RotondoThis premium content is locked for LawJournalNewsletters subscribers only
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