An Overview Of Initial Considerations For Products Liability Litigation Involving “Live” Products
In the early days of mass torts, litigation was often commenced after the FDA had already taken regulatory action to remove the product from the market. More recently, however, many of the products involved in mass tort litigation are not the subject of regulatory action. They remain beneficial products that continue to be marketed during the litigation. The continued sales and development of products during litigation results in new challenges in defending the actions, particularly with regard to discovery.