An interesting issue recently arose (but was not resolved) in In re: Proton-Pump Inhibitor Products Liability Litigation, 2022 WL 2188038 (D.N.J. June 17, 2022) (“PPI”). The ability of an FDA expert witness to testify was challenged under 18 U.S.C. §207, a federal conflict of interest statute. We have never seen that statute invoked in connection with an ex-FDA witness before, and apparently neither has anyone else, since the opinion observes that “the fact pattern presented here is something of an unprecedented issue.” Id. at *4 (citation and quotation marks omitted). So we thought we’d alert our readers.
Continue Reading Regulatory Witnesses – Something Else To Watch