The Wrong-Headedness of Hindsight Standards — Michelle Yeary | Drug & Device Law Blog

May 27th, 2019|Categories: HB Risk Notes|Tags: , , , , , , , , , , , , |

Dechert LLP attorney Michelle Yeary cautions against applying perfect hindsight to drug liability. "We all know hindsight is 20/20.  And, it’s easy.  There are dozens of television and radio programs that thrive on Monday morning quarterbacking.  There’s no risk in saying the coach should have called for a pass when you already know the run didn’t work.  It’s also dangerous because it’s easy.  People are often too quick to point out that you should have taken path B after everyone learns path A is full of potholes.  Pointing it out is one thing, holding you liable for it is another." Yeary takes a look at what happened in Holley v. Gilead Science, Inc., 2019 WL 2077845 (N.D. Cal. May 10, 2019). The case involves two of the main active ingredients in AIDS drugs: TDF and TAF. The plaintiff alleges that the defendant should be responsible for allegedly [...]