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Fraud in Mass Torts? 10-12-06 - MP3
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.
- Professor Lester Brickman, Yeshiva University, Benjamin
N. Cardozo School of Law
- Patrick M. Hanlon, Esq., Goodwin Proctor
- Professor Francis E. McGovern, Duke University School
- 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
Time: 12:00 noon - 2:00 p.m.
Location: National Press Club