Massachusetts Recognizes New Cause of Action Against Drug Manufacturers

2018-04-18T14:11:58+00:00 March 29th, 2018|Categories: Katherine Kelter, Manufacturing Processes, Pathology|

In a dramatic turnaround, the highest court in Massachusetts has recognized a cause of action against a drug manufacturer whose product was not even being used by the allegedly injured plaintiff. In Rafferty v. Merck & Co., 479 Mass. 141 (2018), Chief Justice Ralph Gants, speaking for the Supreme Judicial

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Conn Kavanaugh’s lawyers regularly represent manufacturers, distributors, and retailers in defending against product liability claims. Our experience encompasses a broad range of products, including home building products, industrial, construction, and mechanical equipment, consumer products, outdoor lawn products and toys, saws, medical devices, hot tubs, and fireplaces. As a result of our work in this area, we have extensive knowledge of the case law applicable to product liability claims, and close working relationships with experts in the fields of fire cause and origin, epidemiology, pathology, addiction, electrical and mechanical systems, manufacturing processes, industrial safety, and warnings and code compliance. We also work closely with in-house experts to develop appropriate defenses, and to prepare company witnesses for deposition.

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