Preventing and Defending Product-Liability Claims

Originally Published MX March/April 2002

GOVERNMENTAL & LEGAL AFFAIRS

Preventing and Defending Product-Liability Claims

To avoid product-liability litigation, device manufacturers should start by reviewing their marketing strategies.

Kevin M. Quinley

With product-liability claims becoming increasingly commonplace, medical device companies must exercise utmost caution when preparing advertising and promotional materials for their products. Such material can trigger claims of defective warnings, overpromotion, and false advertising, which can spawn expensive claim settlements, whopping jury awards, runaway legal fees, and negative publicity. It can erode market share, deflate a company's stock price, and cripple growth plans.

It is therefore vital for medical device manufacturers to find ways to avoid product-liability claims arising from advertising and overpromotion. This article provides device companies with specific strategies designed to prevent product-liability claims, as well as tips on how to defend against such claims when they arise.

The Regulatory Context

FDA defines health