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Physician and Medical Device Defendants Collaborative Defense Strategies
“Politics make strange bedfellows” is an election-year maxim. Sometimes, bitter rivals in primaries become allies after a convention, or forge alliances to get favored bills and “pet” proposals approved. But while politics may make strange bedfellows, it has nothing on personal injury litigation.
Perhaps nowhere is this more true than in the realm of medical liability lawsuits involving doctors and medical device companies as co-defendants. The intersection of medical malpractice and product liability litigation often pulls together two distinct but interrelated entities, who can both end up as defendants in complaints incorporating allegations of medical malpractice and product defect. This combination was evident in pedicle or spinal screw litigation, as well as in the breast implant lawsuits. It is also a common feature in litigations involving jaw implants, angioplasty, interventional cardiovascular procedures and ophthalmic surgery.
Device companies and doctors caught in this type of situation can either work together and harmonize … or they can fight like two scorpions in a bottle.
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