Drug Trial Participants

Vol. 38 No. 2

The author is with Goldman Scarlato & Karon PC, Cleveland.

MEMORANDUM

To:          File

From:     Daniel R. Karon

Re:          Drug Trial Participants

 

It seems that GyneTech has caused lots of people some serious problems with its botched drug trials. My challenge is to understand whether these problems create litigation opportunities and, if so, what they are and for whom. Both class- and mass-action opportunities seem possible. But with the drug still in the trial stage, is ramping up either or both litigation efforts premature? If the class or mass claims aren’t yet ripe and I jump on them, I could take a bath. On the other hand, can I afford to wait? If I do wait, might others make off with these opportunities, if opportunities indeed even exist? Alas, this is only the first of many risks inherent in large-scale plaintiffs’ litigation.

In particular, I must wrestle with and manage the following procedural, substantive, political, and financial risks before I can even begin to decide whether to proceed and, if so, how to move toward resolution.

 

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