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Jury Communication: Changing Perceptions of the Industry/FDA and Putting Adverse Events Into Context

December 13, 2007

New York partner Eric Kraus will participate on this panel as part of the American Conference Institute's (ACI) 12th Annual Drug and Medical Device Litigation conference (December 13-14, 2007).

ACI Program Description:

Juror Bias and Perceptions

  • Combating jurors’ negative attitudes about drug/device companies and the FDA.
    - How juror perceptions of the FDA and the drug/device industry are influenced by the media’s portrayal of each.
    - Countering the perception that companies manipulate product safety data.
    - Convincing jurors that big pharma is not all about profits.

Adverse Events

  • Educating the jury about the limitation of the adverse event reporting process.
  • Examining plaintiff's counsel misuse of “relatedness” assessments in products liability litigation.
  • Overcoming juror perception that product use and injury entitles one to damages: educating them on the evaluation of product risk v. benefit.
  • Using visual aids to demonstrate background rates of conditions in the general population v. the users of the product.

The Approval Process

  • Convincing the jury of the intensive nature of the approval process to mitigate liability.
  • Using visual aids to help the jury understand the approval process.
  • Countering the perception that FDA has failed to fulfill its regulatory responsibilities.
  • Convincing jurors that FDA approval means the product is safe and effective when prescribed in accordance with approved labeling.
  • Demonstrating that your studies were specifically designed to meet FDA parameters.

Panelists:

Suann Ingle, Director - Forensic and Litigation Consulting, FTI Consulting
Harvey L. Kaplan, Partner, Shook, Hardy & Bacon L.L.P.
Eric M. Kraus, Partner, Sedgwick, Detert, Moran & Arnold LLP

This panel will take place from 2 to 3 p.m. EDT.  For complete program and registration information, please visit the 12th Annual Drug and Medical Device Litigation conference Web site.

 



Event Details:
The Waldorf Astoria
301 Park Avenue
New York NY 10022-6897
Tel.: 212.355.3000

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Related People

Kraus, Eric M.

Related Offices

New York

Related Practices