Product liability and mass torts partner Tarifa Laddon and associates Theodore O’Reilly, Emily Steeb and Jenna Lawson coauthored an article for In-House Defense Quarterly magazine titled, “Who’s to Blame? Get Smart About Smart Medical Devices,” that addresses the new and unique issues smart medical devices may present in product liability litigation.
The article highlights that as smart medical devices move into the mainstream, they are likely to affect the litigation landscape for these products as well. The authors go through key concepts in-house and outside counsel should keep in mind about smart medical devices, including what makes their software unique and what the Food and Drug Administration (FDA) is publishing about them. The authors also suggest in-house counsel and outside counsel track emerging areas of law that may be significant to the health care industry moving forward – like cybersecurity regulation of medical data and Artificial Intelligence (AI)’s influence on expert discovery.