Adrienne Busby and Eric Friedman Contribute to International Comparative Legal Guides’ ‘Drug and Medical Device Litigation 2023’ Guide

Product liability and mass torts partner Adrienne Busby served as contributing editor of International Comparative Legal Guides’ fourth edition of “Drug & Medical Device Litigation,” which provides practical cross-border insights into drug and medical device litigation.

Busby and associate Eric Friedman, and retired partner Alan Lazarus, coauthored a chapter in the guide titled “Expert Witness Practice in U.S. Drug and Medical Device Litigation,” which 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.