Drug Product Liability Litigation Seminar

Information Introduction

Section 1, Fall 24

Schedule Information

Enrollment: /8
Credits: 2
Days Time Room Start Date End Date


1300-1500 SL107

Course Description

More product liability lawsuits are filed against prescription drug manufacturers than against all other industries combined. As one legal scholar put it, the pharmaceutical industry is now “in tobacco-land in terms of how much people hate it,” and drug product liability litigation is now a “growth industry.” This course will consider the theory and practice of such lawsuits before, and now after, the Supreme Court’s landmark decisions in Wyeth v. Levine (2009), Plia v. Mensing (2011), and In re Fosamax (2019). At the outset, we will focus on the similarities and differences between such litigation and other product liability cases, using the “Phen-Fen” cases tried by the instructor as a model, and on the special context of FDA regulation. We will then consider the legal principles governing such lawsuits, such as inadequate warning; the learned intermediary doctrine; and medical causation. The course will also consider the practical application of those doctrines, including the problems when doctors are witnesses; discovery strategies; and techniques to present complex information to juries.

Course Requirements

Exam Information

Final Type (if any): Due Date Only

Description: Students will receive a final exam prompt (and materials) during the last class session, and student's will have until Monday, Dec. 9, 2024 at noon to upload their work to EXPO.

Written Work Product

A short "bench memo" (due date to be announced) will be due to the instructor (not via EXPO).

Other Work

Class participation is expected.

Other Course Details

Prerequisites: None Concurrencies: None

Exclusive With: Drug Product Liability Litigation: Principles and Practice (8659)

Laptops Allowed: Yes

First Day Attendance Required: No

Course Resources: To be announced.

Course Notes: This 2-credit class will meet concurrently in the same room with the 3-credit course, Drug Prod. Liab. Litigation: Principles and Practice (LAW 8659). The courses do, of course, have different work expectations.

Graduation Requirements

Satisfies Understanding Bias/Racism/Cross-Cultural Competency requirement: No

Satisfies Writing Requirement: No

Credits For Prof. Skills Requirement: No

Satisfies Professional Ethics: No

Additional Course Information

Schedule No.: 124817975

Modified Type: ABA Seminar

Cross Listed: No

Waitlist Count: 0

Concentrations: Corporate, Business and Transactional , Health Law , Litigation and Dispute Resolution

Evaluation Portal Via LawWeb Opens: Friday, November 22, 12:01 AM

Evaluation Portal Via LawWeb Closes: Friday, December 06, 11:59 PM

Information reflected on this page was last refreshed at: Friday, July 19, 2024 - 7:02 AM *

*During open enrollment periods, live enrollment data may be found in SIS.