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

Product liability and mass torts partners Adrienne Busby and Alan Lazarus and associate Eric Friedman coauthored a chapter in International Comparative Legal Guides’ third edition of “Drug & Medical Device Litigation,” which provides practical cross-border insights into drug and medical device litigation.

The chapter titled “Expert Witness Practice in U.S. Drug and Medical Device Litigation” discusses the significance of practical, procedural and strategic aspects of expert discovery in medical product litigation. The authors also explore American practice regarding expert witnesses and provide comparisons between federal court practice and state and foreign jurisdictions.

The authors address expert selection, types of issues and experts in American drug and device litigation, and expert disclosure and discovery. They further address privilege and work product issues surrounding the preparation and presentation of experts, as well as the admissibility of expert testimony.

In conclusion, the authors emphasize the unique and critical role expert witnesses play in American drug and device litigation, and they recommend that parties bear in mind the potentially dispositive implications of expert witness practice at each stage of the litigation.