Drug or Medical Device Injuries: Litigating Joint Med Mal and Product Liability Claims

Navigating Complexities of Choice of Forum, Choice of Parties, Standards of Care, Causation, Defenses, Settlement and Damages

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, October 23, 2013

Course Materials

This CLE course will provide guidance for counsel on complex issues faced in cases involving both medical malpractice and product liability claims for a drug or medical device injury. The panel will provide practical insights, experiences and best practices for plaintiff and defense counsel.


Lawsuits alleging drug or medical device injuries often include a medical malpractice claim against the medical facility, doctor or healthcare provider as well as a product liability claim against the designer, manufacturer, seller or provider.

Injuries can arise from defective or improperly marketed drugs, and defective or dangerous medical appliances, equipment, organ transplants, prosthetic devices, surgical implants, surgical equipment, hospital supplies, diagnostic equipment, or hearing and visual aids.

Joint medical malpractice and products liability cases present complex and unique issues for plaintiff and defendant counsel, including statute of limitations, choice of forum, choice of parties, motions, breach of respective duties and standards of care, causation, defenses, settlement strategies, and damages.

Listen as our authoritative panel discusses best practices for counsel to plaintiffs and defendants in proving or defending against an action based on joint medical malpractice and product liability claims.



  1. Nature of a mixed medical malpractice and product liability case
  2. Unique legal issues to an action involving both claims
  3. Key considerations and strategies for the plaintiff
  4. Key considerations and strategies for the defendant


The panel will review these and other key questions:

  • What are the factual scenarios that support an action for both medical malpractice and product liability?
  • What unique legal issues arise in an action based on joint medical malpractice and product liability claims?
  • What are the key hurdles for plaintiffs — and how can they best be resolved?
  • What litigation complications do defendants face — and how can these be resolved?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Jessica Cabral Odom
Jessica Cabral Odom

Greenberg Traurig

Ms. Odom concentrates her practice on complex products liability litigation, with a focus on pharmaceutical and...  |  Read More

Scott Campbell
Scott Campbell

Shiver Hamilton

Mr. Campbell began his legal career defending large corporations and insurance companies in significant personal...  |  Read More