SPOTLIGHT

Product liability and economic damages

Overview

Claims of harm from alleged adverse effects of pharmaceuticals, biologicals, and medical devices, as well as claims of alleged off-label promotion threaten many of our clients with substantial financial and public relations damage. As the legal environment surrounding these cases has evolved, class action frequently has given way to complex “mass actions” with a shifting emphasis to new types of plaintiffs and a greater focus on recovering potential economic damages arising from alleged conduct. Our experts combine deep pharmaceutical industry experience with industry-leading tort liability defense expertise borne from years of experience working in asbestos, silica, and other similar torts. Bates White’s extensive experience combining the input of medical experts and epidemiologists with powerful data analytics allows us to quickly assess the impacts of product liability allegations and the characteristics driving litigation. Our tools help clients to distinguish the important characteristics that drive claim-specific settlement values, which we can use to help develop settlement matrices. We also help clients proactively manage liability by estimating future risk, scope, and potential cost, as well as develop financing, purchase insurance coverage, and settle insurance claims.

Increasingly, product liability cases also contain a parallel “economic damages” component that seeks compensation for excessive payments made by individuals and/or payors allegedly resulting from the conduct that has been alleged. The complex causation and damage puzzles that arise from questions such as whether prescribing was excessive or prices were inflated as a result of concealing or misrepresenting safety and efficacy information require a careful and creative approach. Our experts bring a top-shelf econometric and analytical toolkit to bear on these types of questions and bring back clear and compelling answers.

Selected experience
  • Served as a testifying expert on behalf of a medical device manufacturer in a product liability matter. Support included providing client with an analysis of liability, damages, and issues of causation, as well as assessing whether a proposed class of health plans warrants certification.
  • Providing consulting expertise on issues of liability, causation, and damages on behalf of a pharmaceutical manufacturer alleged to have engaged in off-label marketing.