The stakes in mass tort litigation are extremely high, with settlements and awards ranging into the billions of dollars. Many mass tort cases are founded upon medical or scientific evidence developed by the plaintiffs and their experts. Is there any evidence that significant fraudulent practices have developed with regard to the generation of scientific and medical evidence in support of mass tort litigations such as breast implants, fen-phen, mold, asbestos, and silica, or are such assertions nothing more than attempts by defendants to divert and distract? Are procedures in place to identify the existence of any such fraud and to appropriately sanction those who engage in it? Do some courts, by denying or limiting discovery, exacerbate any problem that might exist? If this is a genuine problem, should specialized laws or court rules be created to deal with the specialized problems of fraudulent diagnoses and testimony by scientific and medical experts in the context of mass tort litigation? These and other questions will be addressed by our panel of experts. This panel will be published by the Connecticut Insurance Law Journal in 2008.
- Professor Lester Brickman, Yeshiva University, Benjamin N. Cardozo School of Law
- Patrick M. Hanlon, Esq., Goodwin Proctor
- Professor Francis E. McGovern, Duke University School of Law
- Joseph F. Rice, Esq., Motley Rice LLC
- Judge Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit (Moderator)
Date: Thursday, October 12, 2006
Location: National Press Club