Thursday, January 6, 2011
What to expect in 2011
Here is a link to a short comment on the Drug and Device blog in which the authors predict what they think are going to be the most important developments in 2011. They include: Generic drug litigation will be more important. The era of pharmaceutical mega-mass torts may be coming to a close. There will be a rise in economic loss litigation. Without preemption as a deterrent, more plaintiffs will assert more theories that directly challenge FDA approvals. Eventually, things will get bad enough and the Supreme Court will resurrect preemption, but until that happens, there will be a dramatic increase in non-warning based theories of liability in the cases we litigate. Go here for the full article.