Medical Monitoring in Personal Injury, Products Liability, and Medical Device Litigation: Developments and Strategies
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss current developments and trends associated with medical monitoring after exposure to a toxic substance, including the status of medical monitoring claims for ingestion of contaminated drugs and exposure to "forever chemicals" (per- and polyfluoroalkyl substances, otherwise known as PFAS).
The panel will address the legal landscape of medical monitoring, with some jurisdictions treating it as a remedy and some as an independent claim, but all requiring underlying misconduct. The panel will address the ALI Restatement (Third) of Torts, how medical monitoring is administered and supervised, and insurance coverage.
Outline
- Elements of a medical monitoring claim
- Current views of the courts
- Establishing and arguing for a medical monitoring claim
- Defending against a medical monitoring claim
Benefits
The panel will review these and other key questions:
- Is the ALI Restatement on this issue important?
- How are the costs of medical monitoring best handled?
- What are the elements of a medical monitoring claim?
- What are the standards of proof?
- How should reports recommending testing for exposure to various substances be evaluated?
- What is the role of toxicology or other experts in medical monitoring claims?
Faculty
Mark A. Behrens
Partner
Shook Hardy & Bacon
Mr. Behrens co-chairs Shook's Washington, D.C.-based Public Policy Practice Group. He has been involved in civil... | Read More
Mr. Behrens co-chairs Shook's Washington, D.C.-based Public Policy Practice Group. He has been involved in civil justice issues, liability law and defense litigation for more than 25 years. A substantial part of Mr. Behrens' practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs on behalf of business, civil justice and defense lawyer organizations; through legal scholarship and judicial education; and in the court of public opinion.
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Lauren Brogdon
Partner and Chair, Crisis Management Practice Group
Haynes Boone
Ms. Brogdon has significant experience representing energy clients in suits related to hydraulic fracturing and other... | Read More
Ms. Brogdon has significant experience representing energy clients in suits related to hydraulic fracturing and other oil and gas operations, mass tort litigation arising from catastrophic industrial accidents, and toxic tort suits involving chemical exposure and environmental contamination. She has handled high-profile cases related to fires, chemical spills, pipeline explosions, and other disasters. Ms. Brogdon also frequently advises boards, C-suites, and business unit heads on a range of litigation avoidance, product liability, and marketing strategies.
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Rachel Geman
Partner
Lieff Cabraser Heimann & Bernstein
Ms. Geman’s practice is dedicated to employment law, consumer protection and False Claims Act litigation. Her... | Read More
Ms. Geman’s practice is dedicated to employment law, consumer protection and False Claims Act litigation. Her current clients include whistleblowers in the banking, finance, and pharma industries; municipalities in civil rights litigation; and proposed classes of consumers and employees. Ms. Geman’s past cases include: representation of employee benefit plans in recovering $65 million from AXA Rosenberg; serving as co-lead class counsel or counsel for the class in consumer financial litigation over “payment protection” products, resulting in more than $50 million in settlements; securing $39 million plus injunctive relief for a class of female financial advisors at Bank of America/Merrill Lynch; and acting as co-lead counsel or counsel for relators in actively-litigated, and ultimately resolved, FCA matters in the education and pharma industries.
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Joo Cha Webb
Partner
Steptoe & Johnson
Ms. Webb litigates a variety of claims in the areas of environmental and toxic tort law and commercial matters. Her... | Read More
Ms. Webb litigates a variety of claims in the areas of environmental and toxic tort law and commercial matters. Her environmental practice focuses on the defense of energy and oil companies, manufacturers, distributors, and industrial users of a variety of consumer and industrial products against claims involving per- and polyfluoroalkyl substances (PFAS), benzene, organic solvents, silica, aluminum, lead, formaldehyde, and various other substances. Ms. Webb regularly advises clients in pre-litigation risk assessment and areas involving regulatory compliance and obligations. She also has experience managing all aspects of litigation involving a wide array of claims including those involving wage and hour disputes and wrongful termination, breach of contract and catastrophic injuries.
Ms. Webb has successfully defended clients from small businesses to Fortune 100 companies in both Federal and State Courts around the United States. She works closely with her clients to implement a tailored strategy that takes into account client objectives, potential exposures, and significance of the matter at issue in order to achieve the best result possible.
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