Michael C. Zogby and Teresa A. Griffin presented a panel — along with Mark Beamish, policy officer of the European Commission; Philipp Schmidt, senior legal counsel EMEA at Zimmer Biomet; and Agnes Szoboszlai, senior legal counsel at Philips — titled “Product Liability in Europe: A Fraying System?” at MedTech Forum 2022. In addition, Faegre Drinker’s Patrick H. Reilly and Kaitlyn E. Stone helped coordinate and support this presentation.
Mike and Teresa and the panel discussed the evolution of product liability in the medical technology space in the EU, as illuminated by U.S. developments in practice trends as points of comparison — including a focus on the current proposals and discussion points of the European Commission regarding the Product Liability Directive, presently undergoing revision and regarding the Collective Redress Directive on Consumer Class Actions.
Other discussion points included the EU’s Medical Device Regulation (MDR) and In Vitro Diagnostic Regulation (IVDR), and their approach to liability issues; implications for various member states, each with their own laws, interpretations and implementation strategies for the Directives; discovery in the U.S. as it compares to the EU and proposed regulations in the EU; lessons learned from mass torts and class actions in the U.S., and past rulings of the European Court of Justice; and related topics including the interplay of liability-related considerations with artificial intelligence in the EU.
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