Drug and Medical Device Product Liability + Globalization = Potential Costly International Mass Tort Litigation

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Q: How can a drug and medical device company recognize when it may face a global issue?

David Ferrera: Not every litigation presents the potential for an international mass tort. A drug or medical device company may have a problem with a particular manufacturing lot that can be isolated to a particular market. By contrast, there are often global “signaling events” that can alert companies to the potential of an international mass tort, such as an international recall of a product, foreign media or government entities “stirring the pot,” or poor clinical results presented in a foreign public journal or medical meeting.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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