Law360 interviewed Blackwell Burke P.A. partner Peter J. Goss for two recent articles highlighting the use of FDA evidence in medical device product liability litigation. The first article discusses Johnson & Johnson’s victory in its second metal-on-metal hip case, after taking an $8.3 million plaintiff’s verdict in the first. In the second case, unlike the first, the jury was provided evidence that the company had complied with the FDA’s 510(k) pre-market clearance process. Goss explains that the company’s ability to show that it “played by the rules” likely contributed to the different outcome. The full article is available to Law360 subscribers here.
In the second article, Goss comments on the positive impact that FDA’s latest initiatives to improve adverse event reporting may have in product liability cases. Full text of that article is available here.
Mr. Goss focuses his national practice on pharmaceutical and medical device product liability litigation and toxic torts. He has represented major pharmaceutical, medical technology, and chemical firms in hundreds of cases. Mr. Goss, who has won several published Daubert decisions, often serves as “science counsel” in life sciences litigation. He collaborates with leading experts to present complex medical and scientific evidence, both in dispositive motions and at trial. He is a frequent commentator on scientific evidence and legal developments of interest to FDA-regulated industries.
Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for numerous Fortune 500 companies. The firm has extensive experience in class action defense, commercial litigation, food industry defense, labor and employment, and products liability. The firm has represented corporate clients in practically every jurisdiction in the country, as well as several foreign countries.