The bloggers at Drug & Device Law regularly keep up-to-date scorecards and cheat sheets on a host of topics useful to drug and device manufacturers in product liability litigation. Their adverse event report cheat sheet is one such resource, citing cases from across the country that have addressed whether adverse event reports (AERs) are admissible evidence on causation. Reed Smith associate Kevin Hara has updated this cheat sheet with the most recent decisions, and it is worth a look. In a post summarizing these updates, Kevin mentions the Wendell v. Johnson & Johnson decision, in which the court ruled that AERs cited by experts were insufficient in demonstrating medical causation. Such rulings support a legal tenet that is both simple and fair – if a plaintiff cannot prove that a particular product is even capable of causing an adverse event, the case should be decided in the defendant’s favor. Read the full post here.
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