Expert Witness Practice in U.S. Drug and Medical Device Litigation

Product liability and mass torts attorneys Jim Frederick, Eric Friedman, Emilee Schipske, and Nikolas Spilson co-authored a chapter for the International Comparative Legal Guide’s “Drug and Medical Device Litigation 2026” book that details admitting expert witness testimony in drug and medical device litigation.

Litigation over complex medical products universally requires the use of expert testimony, the authors explain, with a number of practical, procedural, and strategic aspects relating to expert testimony in products usually make up the defining issues in medical litigation. The authors detailed several issues relating to the use of expert testimony, including how experts are selected, privilege issues, and how experts’ reliance on artificial intelligence is regulated. 

“Expert witnesses serve a unique and critical role in American drug and device litigation,” the authors said. “Many aspects of the claims and defenses in such litigation must be supported by expert testimony, making expert selection, disclosure, discovery and admissibility an indispensable part of the process.  However, the adversarial nature of the American system informs each of these key steps.  Whether pursuing or defending claims, parties must bear in mind the potentially dispositive implications of expert witness practice at each stage of the litigation.”