Title: Defense Perspectives on Attorney General Pharmaceutical Claims
Recording Date:
February 24, 2009


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Agenda and Speakers

Square Pegs & Round Holes: Update on State Attorney General Litigation Against Manufacturers of Atypical Antipsychotic Medications
– The Class Action Fairness Act and other factors dampening plaintiff’s lawyers enthusiasm for traditional class actions
• Private attorney-led Attorney General lawsuits as an alternative for plaintiffs lawyers: the Tobacco Model
• Problems with the Tobacco Model’s portability in state AG lawsuits targeting second-generation antipsychotics
– Overview: AG Litigation
– Update on discovery issues presented by AG litigation
– Specific challenges to the viability of State AG actions
• FDA approval and regulation
• Use of Atypical Antipsychotics in Psychiatric Practice and Continued Use and Reimbursement by State/Medicaid Plaintiffs
• Causation: complex psychotic disorders, case-by- case physician decision-making and related discovery issues
• Damages: the debate over models for aggregation
Barry Boise, Esq., Pepper Hamilton LLP, Philadelphia
Stephen Brody, Esq., O’Melveny & Myers, LLP, Washington, D.C.