The Future of Products Liability: Failure to Warn, Duty to Innovate and Other Novel Legal Theories

Product Liability – Life Sciences Team Leader Eric Alexander will participate in the 31st Annual Conference on Drug & Medical Device Litigation, a marquee program convening hundreds of pharmaceutical and medical device litigators, in-house counsel and judges, in addition to leaders at pharmaceutical, biotechnology and medical device companies. Eric's session will analyze recent court cases advancing non-traditional plaintiff theories alongside common arguments. Speakers will examine the "duty to innovate" and requirements around design defect reductions, the scope of a failure to warn and criteria for an adequate warning, and elements of design defects alleged by plaintiffs. The presentation will also break down proposed state and federal legislation affecting access, labeling and approval pathways as well as important case law developments that touch product liability. The discussion will offer an informative overview of current trends in the product liability litigation and life sciences spaces while equipping attendees with a look ahead at where legislation and the courtroom could intersect.