Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyFeaturesKickerLJN NewslettersNewsSections

When Med Mal and Mass Tort Claims Overlap

By Jonathan B. Acklen

Medical malpractice litigation is often complex, in-depth, and issue-heavy. Mass tort litigation is also often complex, in-depth, and issue-heavy. What happens when those two areas of practice converge during the course of a case? The answer to that question depends, of course, on the facts of each specific case. However, the issues that face attorneys on all sides of the litigation cannot be ignored.

Mass tort claims are typically claims made by individual plaintiffs against a manufacturer of a pharmaceutical or medical device. Prescription drugs require a treating physician's prescription to the patient and medical devices require the treating surgeon to decide to use the particular device. The role of the treating physician, therefore, is integral to the treatment of the patients in these claims. A physician's prescription of a drug or use of a device that is or at some point becomes the subject of a mass tort claim, however, does not always amount to malpractice. As a lawyer representing a potential plaintiff, manufacturer, or treating physician, you cannot ignore the actions and the role the treating physician played in the patient's treatment involving the drug or device.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.