SOURCE: American Conference Institute

September 25, 2007 11:55 ET

ACI: Drug and Medical Device Litigation Conference -- Agenda Highlights Announced

NEW YORK, NY--(Marketwire - September 25, 2007) - The American Conference Institute, organizers of the 12th Annual Drug and Medical Device Litigation Conference taking place December 12-14, 2007 at the Waldorf Astoria in New York, today announced key highlights from this year's program agenda.

FDA Reform Legislation

The Senate and House drug safety proposals have been reconciled and the bill (HR 3580) will go to the President. Language that would have enabled pharmaceutical companies to defend against products liability suits by relying on FDA's regulation of labeling was dropped from the bill. This year's conference will focus on the viability of the FDCA preemption preamble as a defense.

Erosion of the Learned Intermediary Doctrine

The West Virginia Supreme Court rejected the learned intermediary doctrine in State ex rel. Johnson & Johnson Corp. v. Karl. This will have a major impact on using the doctrine's causation requirement. This year's conference will examine the use of the doctrine as an effective bar to claims despite its erosion.

Program Director Ken Horton remarked, "This research is the culmination of many weeks of contacts and detailed discussion with senior individuals at more than 100 law firms, pharmaceutical and device companies at the 'sharp end' of drug and medical device litigation."

Full information on the forum can be found at

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