In the present climate of constant news reports of product recalls and runaway verdicts, pharmaceutical manufacturers are concerned about certain information that can infiltrate and unfairly influence product liability trials.
Avoiding the Adverse Effects of Causality Assessments
Unfortunately, adverse drug reaction reports collected and causality assessments made in the course of post-marketing surveillance have increasingly become fodder for plaintiffs' attorneys attempting to prove causation. Courts, however, properly have precluded plaintiffs from presenting post-marketing surveillance materials, most recently refusing to allow plaintiffs to introduce company causality assessments based on adverse drug reaction reports as evidence of causation and from using these reports and assessments as bases for expert opinions on causation.
By
Andrea E.k. Thomas And Joseph K. ScullyThis premium content is locked for LawJournalNewsletters subscribers only
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