INTO A LION'S DEN . . . That's where I'll be headed next Wednesday, September 7, when I participate in a panel discussion about the Vioxx litigation at the American Enterprise Institute. While not literally lions, the three other speakers are all decidedly fearsome, as well as much less pro-plaintiff than me: Jack Calfee and Ted Frank, both of AEI, and Dan Troy, former chief counsel of the FDA and currently at Sidley & Austin.

The event is titled "The $253 Million Vioxx Verdict: What Does It Mean?" The AEI website sets out the parameters of the discussion:

What implications does this verdict have for drug development, for the pharmaceutical industry, and for the justice system? What consequences will this verdict have for consumers? Is further liability reform needed, or is the current jury trial system an appropriate means of regulating drug safety?

I'll be speaking specifically on this topic: "In Defense of the Jury System, Post-Ernst." All attempts to publicize the event on other weblogs will be much appreciated. Further details can be found at AEI, Point of Law, and Overlawyered.

UPDATE . . . For all of my collected Vioxx posts, look here. If you are (a) someone who was harmed by Vioxx or (b) a lawyer who wants to refer your Vioxx cases to a highly-competent team of mass-tort lawyers, look here.

Comments

[Matt]

I like this line from Overlawyered:

"and Evan Schaeffer, who, along with co-counsel from other firms, has a plaintiffs-side docket of Vioxx cases from his Madison County base."

Sounds like a very nefarious base from which to attack Gotham.

[Evan]

For the record, very few of the lawsuits on behalf of 1,000 Vioxx users I have on file with two other St. Louis firms were filed in Madison County. There are more to come, too, and the same will be true of those.

"Very few" = less than 2%, probably less than that.

[Mac]

Make us proud Evan! Say, is this going to be televised on C-Span or via webcast?

[Evan]

Via webcast, yes; on C-Span, possibly.

[Gwen]

Will Christopher King be on the panel? He is hot, drives a nice Saab, and is being persecuted. God love the man.

[Mike]

Evan, you should coordinate with ATLA. Maybe there can be an ATLA-AEI brawl.

[Richard]

If the topics were questions asked of a witness in trial, they would probably be barred as "leading." Good luck as you embark into the lions' den.

[Adam]

Be sure to link the webcast and I'll put it on my meager website for sure. Good luck, can't wait to hear about it.

[Katherine]

did you see the article about anti-depressants/drugs in the Wall Street Journal last week? Very informative about how the companies do themselves in by publishing misleading results in medical publications.

[tony]

Evan, I know this sounds silly, but when you're there, be sure to head to the back of the room and pick up some of the cookies. The oatmeal raisin cookies are the best cookies that I've ever had, ever. The chocolate chip are very good as well. I know it's odd, but the AEI has some of the most delicious cookies ever.

[Nate]

The AEI website says your firm has filed suit against Merck on behalf of around 1,000 Vioxx users, and there are apparently over 4,000 suits nationwide. Why do I feel like I'm watching the King of Torts movie? What sort of cosmic bunny hole have I just step out through?

[Evan]

Nate: I'm counsel of record on those lawsuits but I'm also working with two other firms. Although we've filed a lot of lawsuits, the "4,000 suits nationwide" you mention involve more than 4,000 people. Some of those 4,000 lawsuits have more than one plaintiff joined into a single action. If there are five plaintiffs, for example, one lawsuit would account for five claims. I'm not sure exactly how many individual claims those 4,000 suits nationwide involve. Meanwhile, there are a lot of law firms with clients totalling in the thousands who have not filed their lawsuits yet.

[Mike]

Evan has been reported in this blog as a multi-millionaire. Now he's the King of Torts. Cool.

[Evan]

Don't believe the hype.