Pharmaceutical product liability litigation often centers on whether exposure to an at-issue drug is causally associated with a previously undisclosed risk of an adverse health outcome. This panel will discuss the evolution of follow-on litigation, in which plaintiffs seek economic damages resulting from the alleged defect. For example, plaintiffs have claimed economic loss associated with their purchases of pharmaceutical products, with proposed class members including consumers as well as payers who were not exposed to the at-issue drug. Plaintiffs have also claimed entitlement to cost coverage for adverse event monitoring.
In addition to such matters, the panel will also examine key economic, clinical, and industry considerations relevant to the assessment of economic harm.