Economic Loss Arguments in Pharmaceutical Product Liability Class Actions

Wednesday, December 14, 12 p.m. ET

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 discussed 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 also examined key economic, clinical, and industry considerations relevant to the assessment of economic harm.


David C. Chan, Jr.

Associate Professor of Health Policy, Stanford University; Investigator, Center for Health Care Evaluation, US Department of Veterans Affairs Palo Alto Health Care System; Co-director, US Department of Veterans Affairs QUERI Center for Policy Evaluation

Punam Anand Keller

Charles Henry Jones Third Century Professor of Management and Faculty Director, Center for Business, Government, & Society, Tuck School of Business at Dartmouth
Timothy Kosty

Timothy E. Kosty

Co-founder, Pharmacy Healthcare Solutions, LLC

Gregory E. Ostfeld

Vice Chair, Pharmaceutical Medical Device & Health Care Litigation Practice; Co-chair, Chicago Litigation Practice, Greenberg Traurig


Brian Ellman

Principal, Analysis Group

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