“Put Adverse Events to Good Use” – Trial Magazine, September 2013
When a drug or device has injured your client, adverse event data becomes a vital tool in your arsenal. But to harness its power, you must know how to obtain this evidence and use it against the manufacturer.
Adverse event information can be a powerful litigation tool in pharmaceutical drug and medical device cases. Because it is aggregated data related to how the drug or device performs in a large user population, you can use it to help prove certain elements of your client’s claims.
Plaintiff lawyers also should use adverse event data—both the aggregated information and information about a single adverse event—to evaluate potential claims. The data can be telling—it may reveal that the product does not demonstrate the problems or defect that you allege. You need to know how to get this information from the defendant during discovery and how to use the evidence you acquire to your client’s advantage.