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Excluding Epidemiological Evidence Under FRE 702 in Toxic Tort, Medical Device, and Pharmaceutical Cases

Strategies for Exposing an Expert's Serious Methodological Deficiencies

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

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Conducted on Tuesday, March 14, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss the admissibility of epidemiological evidence in toxic tort, medical device, and pharmaceutical product liability cases. The panel will review the proper role of epidemiology in showing general causation and how to challenge studies and experts under Federal Rule of Evidence 702 and Daubert.

Description

In every toxic tort, medical device, and pharmaceutical product liability case, a threshold issue is whether the product, device, or substance is even capable of causing the alleged harm in some part of the population. To establish this, lawyers rely first and foremost on epidemiological experts and research, the "gold standard" of general causation evidence. Causation, however, is a continuum, and no single study can prove causation.

If the plaintiff's epidemiological testimony and related studies are excluded under Federal Rule of Evidence 702 and Daubert, the litigation will most likely end, or at least be significantly narrowed. Thus, admissibility under FRE 702 and Daubert is fiercely litigated in most cases.

Courts are increasingly taking a "hard look" at experts' methodologies and assessing whether the expert's opinion reflects a reliable application of the principles and methods to the facts of the case. For example, courts are analyzing experts' logic, asking if their final opinions exceed the limits of applicable studies, and being sensitive to when experts are "cherry-picking" the evidence to fit the desired conclusions.

Listen as this esteemed panel of product liability litigators discusses the admissibility of epidemiological evidence in toxic tort, medical device, and pharmaceutical product liability cases

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Outline

  1. General, specific, and legal causation
    1. Role of differential diagnosis
  2. Science of epidemiology and the hierarchy of evidence
  3. Association vs. causation
    1. Bradford Hill criteria
    2. International Agency for Research on Cancer (IARC)
  4. Assessing admissibility under FRE 702
    1. Assist trier of fact
    2. Sufficient facts or data
    3. Product of reliable principles and methods
    4. Expert has reliably applied the principles and methods to the facts of the case
    5. Daubert criteria for scientific evidence
  5. Strategies for plaintiffs and defendants

Benefits

The panel will discuss these and other key issues:

  • What is epidemiology?
  • Can epidemiological studies support specific causation?
  • When considering admissibility, does rebuttal expert evidence have to meet the same standards as the plaintiff's evidence?
  • What factors show that an expert's opinion does not reflect a reliable application of the principles and methods to the facts of the case?

Faculty

Campbell, Christopher
Christopher G. Campbell

Partner
DLA Piper

Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases...  |  Read More

McConnell, Stephen J.
Stephen J. McConnell

Partner
Reed Smith

Mr. McConnell defends clients in product liability and mass tort litigation. He has also handled securities litigation,...  |  Read More

Carrier, Sarah
Sarah Carrier

Attorney
DLA Piper

Ms. Carrier is a litigation lawyer with experience in government, law firm, and corporate legal department roles. Her...  |  Read More

Castile, Christian
Christian W. Castile

Attorney
Reed Smith

Mr. Castile is a trial attorney in Reed Smith’s Philadelphia office. His practice involves a wide range of...  |  Read More

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