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British Institute of International & Comparative Law

Explore the use of ADR methods such as arbitration, mediation, and more in resolving mass torts cases in the pharmaceutical industry. Learn about end games like Baycol, Bendectin, and more, and how ADR offers a remedy to extensive litigation processes. Discuss Federal-State coordination and trust fund mediation/arbitration in tackling product liability issues.

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British Institute of International & Comparative Law

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  1. British Institute ofInternational & Comparative Law Pharmaceutical Regulation & Product LiabilityWednesday, 2 March 2005 “Alternative Dispute Resolution as an Antidote to Pharmaceutical Litigation” Francis E. McGovern Professor of Law, Duke University School of Law Durham, NC, USA

  2. Life of a Mass Tort Case

  3. Life of an AggregatedMass Tort Case

  4. Multi-District Litigation

  5. State Litigation

  6. Pre-trial

  7. Trial

  8. Two Concepts: • Maturity • Elasticity

  9. End games:“Baycol”

  10. End games:“Baycol Lite”

  11. End games:Bendectin

  12. End games:Silicone gel breast implants

  13. End games:Fenphen

  14. End games:Bankruptcy

  15. AlternativeDispute Resolution Methods • Arbitration • Mediation • Summary Jury Trial • Mini-trial • Expert Evaluation

  16. AlternativeDispute Resolution in Mass Torts • Federal-State Coordination • National Mediation Coordination • Individual Case Mediation • Law Firm Mediation • Class Action Mediation • Unilateral Offer Mediation • Trust Fund Mediation / Arbitration

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