Attacking Product Recall Evidence Under Daubert

Law360, New York (June 18, 2007, 12:00 AM EDT) -- Defending a product liability case in which the product has been the subject of a recall can present challenging evidentiary issues.

For example, where the recall of a drug or medical device has been mandated or confirmed by government regulators, such as the Food and Drug Administration (FDA), plaintiffs will be eager to present evidence of the recall to the jury in an effort to demonstrate that the product was not only harmful, but was recognized as unsafe by the government as well.

Several strategies may...
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