Medical Monitoring in Products Liability Claims: Challenges for Plaintiffs and Defendants
Evaluating Potential Class Certification, Questions of Causation, and Funding Issues in Light of Differing Court Standards
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide product liability counsel with a review of defense and plaintiff practitioners' perspectives regarding medical monitoring. The panel will discuss structures of awards or settlements that include medical monitoring and outline best practices to argue for or against medical monitoring.
Outline
- Elements of a medical monitoring claim
- Current views of the courts
- Courts that have adopted medical monitoring claims
- Courts that have rejected medical monitoring claims
- Establishing and arguing for a medical monitoring claim
- Defending against a medical monitoring claim
Benefits
The panel will review these and other key questions:
- Should medical monitoring be viewed as a cause of action or as a remedy?
- How are the costs of medical monitoring best handled—as a lump-sum payment or a court-supervised program?
- What are the elements of a medical monitoring claim?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Scott P. Devries
Partner
Winston & Strawn
He is a litigation partner, and chairs the Insurance Recovery Practice. He focuses his practice on class and mass... | Read More
He is a litigation partner, and chairs the Insurance Recovery Practice. He focuses his practice on class and mass torts, product liability, and complex civil litigation at both the trial and appellate levels. He has more than 25 years of experience in complex litigation for companies faced with major insurance, environmental, and toxic tort litigation.
CloseLee Cirsch
Lanier Law Firm
He has years of experience litigating business and commercial disputes; mass tort and consumer protection class... | Read More
He has years of experience litigating business and commercial disputes; mass tort and consumer protection class actions; pharmaceutical, medical device, and other types of products liability actions; significant personal injury claims; toxic exposure actions; medical malpractice cases; and trademark, copyright and unfair competition actions. He is also well versed in employment related disputes.
CloseSean P. Wajert
Partner
Dechert
He is Co-Chair of the firm's Mass Torts and Product Liability Practice Group. He has represented companies such as... | Read More
He is Co-Chair of the firm's Mass Torts and Product Liability Practice Group. He has represented companies such as Wyeth, Baxter Healthcare, Philip Morris, Nutraquest, West Pharmaceutical, and Rhodia Inc. in product liability and toxic tort actions throughout the country. Since 2003, he has been ranked among the top product liability lawyers by Chambers USA.
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