Product Liability Litigation Support

litigationcasestudy_copyISS was brought in to provide strategic assistance in a nation-wide, mass tort litigation involving thousands of actions related to a drug marketed by a major, multi-national pharmaceutical firm. Specifically, ISS was asked to work with counsel to develop a set of cross examination themes for a new expert who was brought in to the litigation at the eleventh hour. 

The opinions raised in this expert's report involved a series of scientifically complex, mechanistic arguments purporting to explain how and why the drug caused harm to the body. In addition, the expert performed a re-analysis of data that challenged its underlying reliability. Since the litigation was already mature, the ISS team had to get up to speed on all the issues in only a few weeks and work hand-in-glove with the litigation team taking the deposition.

ISS developed a strategic approach that identified and exploited the weak points in the expert's arguments and found major weaknesses in his re-analysis of the data. Thanks to ISS's assistance, cross-examination was so effective that opposing counsel withdrew the expert from the next series of cases.

 
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