Mastery In The MDL: Limiting FDA Regulatory Expert Opinion

Law360, New York (February 3, 2016, 12:43 PM EST) -- James D. Herschlein

Bert L. Slonim

David Giroux This is the fourth of a series of five articles outlining litigation strategies for debunking Daubert expert testimony and explores ways to limit or exclude U.S. Food and Drug Administration expert testimony. Read previous parts here. A link to the original report is here.

It has become increasingly commonplace in pharmaceutical or medical device product liability litigation — particularly large, centralized mass tort litigations involving hundreds or thousands of plaintiffs — for both plaintiffs and defendants to offer competing FDA regulatory experts. As with all other expert testimony, FDA regulatory experts are permitted to...

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