Fair Ex Parte Communication With Doctors In MDLs

Law360, New York (June 21, 2010, 11:46 AM EDT) -- In drug and medical device cases, often the most important testimony for plaintiffs and defendants comes from the treating physicians. Understandably, counsel want to interview the treating physicians ex parte to learn their thoughts about plaintiff's medical condition, their experience with the drug or device at issue, causation, and damages.

Multidistrict litigation courts, however, have had difficulty ensuring that counsel for both parties receive fair ex parte access to plaintiffs' treating physicians. Typically, MDL courts enter umbrella orders to address the issue, but these orders usually...
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