Symposium: Liability for Defective Drug and Medical Device Design
RSVP Online
Please register by February 2
About the Symposium
Since the advent of the modern products liability era, courts have had difficulty with claims alleging that drugs or medical devices were defectively designed. Early decisions took the position that such cases were barred by Section 402A, comment k. However, later cases found such immunity for pharmaceutical manufacturers to be too broad. In its stead, courts have adopted a variety of tests to determine what constitutes defective design. Restatement, Third of Torts, promulgated a test for defective drug and medical device design that has met with limited acceptance. In addition, the United States Supreme Court has suggested that design defect claims may be subject to federal preemption because any suggested alternative design would have to meet FDA approval.
This symposium will examine why plaintiffs seek to base claims on defective drug design and the most recent case law on the subject. It will take an in-depth look at the role federal preemption may play in the resolution of what standard must be met to allow for a drug or medical device design case to proceed.
View full agenda.
Sponsored by the Center for Health, Science and Public Policy and Arent Fox LLP.
Participants
Anita Bernstein, Anita and Stuart Subotnick Professor of Law, Brooklyn Law School
Mark Geistfeld, Sheila Lubetsky Birnbaum Professor of Civil Litigation, NYU School of Law
Paul D. Rheingold, Founder and Of Counsel, Rheingold, Giuffra, Ruffo & Plotkin LLP
Catherine M. Sharkey, Crystal Eastman Professor of Law, NYU School of Law
Aaron Twerski, Irwin and Jill Cohen Professor of Law, Brooklyn Law School
CLE Credits Offered
The program provides three (3) CLE credits in the State of New York. Partial credit is not available. The credits are transitional and non-transitional and the category is Professional Practice. The program is free of charge, regardless of whether you attend for CLE credit.
About the Center for Health, Science and Public Policy
The Center for Health, Science and Public Policy serves as a resource to members of the law school community, health service providers, and policymakers by providing programs in three core areas: scholarship and faculty development, legal education and student services, and public education and community service.
About Arent Fox LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and law intersect. With more than 400 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to a global roster of corporations, governments, and trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.