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Agenda & Speakers
• Nature of manufacturing defect in the Fentanyl patch
• FDA overseen recalls to date of “leaker” Fentanyl patches (February 2004 – January 2009)
• “Daubert Proof”/“FDA Pre-emption Proof” nature of wrongful death patch claims
• History and present status of the wrongful death cases nationally
• Present status of documentary, expert witness and Rule 30(b)(6) discovery
Alex MacDonald, Esq., MacDonald Rothweiler Eisenberg LLP, Boston/Philadelphia
Alex MacDonald focuses his practice on representing plaintiffs in complex personal injury, medical malpractice, pharmaceutical, and products liability litigation. He has been trial counsel in a number of leading plaintiffs’ tort cases, both in Massachusetts and nationally in recent years. His cases include the January 28, 2000 largest wrongful death recovery in Massachusetts’ history in the first Fen-Phen diet pill death case filed in the United States. Mr. MacDonald’s 32 year trial career is punctuated with many noteworthy courtroom outcomes, including a then record-setting $4.6 million recovery for a widow and her three children in a malignant hyperthermia medical malpractice death action; a $1.7 million federal court jury verdict for false arrest/civil rights/legal malpractice violations arising from the wrongful incarceration of a client for 24 hours in a state mental health facility in central Massachusetts; and a $1.5 million eve-of-trial settlement in a complex neurosurgical medical malpractice case involving loss of sexual function injuries in a 38-year-old Massachusetts Institute of Technology graduate student. Mr. MacDonald, a graduate with distinction from Boston University and Harvard Law School, is a frequent invited lecturer on tort law, trial technique, and mass tort legal issues at Continuing Legal Education seminars across the United States. In addition, he and his trial team colleagues are regularly sought as co-counsel by other experienced trial attorneys in the United States who are engaged in complex or mass tort pharmaceutical or medical device litigation.
An Expert Physician’s Perspective
• A medical, scientific and historical overview of the opioid Fentanyl
• Fentanyl’s role in the treatment of chronic pain and cancer patients
• The “opioid sophisticated” patient
• The nature and lethal consequences of “Fentanyl toxicity”
Maureen Strafford, MD, Board Certified Anesthesiologist, Associate Professor, Tufts School of Medicine, Boston