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Top Articles - Personal Injury Cases – Deposition Preparation
Your deposition is very important to your case. It is part of what the law calls “discovery,” which affords the defendant the chance to learn about your case. You must answer allowable questions, but remember that revealing too much too ea
According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
sily will only help the defendant’s case--and hurt yours.
All those who have been injured or who are related to a family member who has been injured because of a negligence have a natural urge to tell their story. Resist this urge. The ti
All those who have been injured or who are related to a family member who has been injured because of a negligence have a natural urge to tell their story. Resist this urge. The ti
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
e to tell your story will be at trial when a judge and a jury are there to hear you.
The most important people listening to you at your deposition are the attorneys for the other side. They are there to learn everything they can about your
The most important people listening to you at your deposition are the attorneys for the other side. They are there to learn everything they can about your
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
case and then figure out a way to beat you. You must tell as little as possible while still being truthful.
Your deposition will be taken in a lawyer’s office, probably at a conference table. The attorneys for the other side will have an
Your deposition will be taken in a lawyer’s office, probably at a conference table. The attorneys for the other side will have an
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
pportunity to ask you questions. Your lawyer will also be there to protect you from unfair questions and to make necessary objections.
A court reporter will be present, who will take down stenographically everything you say. Your comments
A court reporter will be present, who will take down stenographically everything you say. Your comments
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
will then be transcribed into a booklet. Before trial it will be your obligation to read and virtually memorize this booklet of your testimony so that you do not accidentally contradict yourself when you testify at trial. Obviously, the sh
ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
rter the booklet, the less difficult your cross-examination at trial will be.
Contradicting yourself will cast doubt on all your testimony and could lead the defendant’s attorney to accuse you of perjury.
The following are ten points to re
Contradicting yourself will cast doubt on all your testimony and could lead the defendant’s attorney to accuse you of perjury.
The following are ten points to re
easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
ember when testifying at a deposition:
1. Depositions are not conversations. Depositions are formal, legal proceedings. You are not there to make the other side understand your story. Be polite, but don’t make small talk. If there is a
1. Depositions are not conversations. Depositions are formal, legal proceedings. You are not there to make the other side understand your story. Be polite, but don’t make small talk. If there is a
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
uestion pending, don’t say anything.
2. You cannot win your case at a deposition. Do not help the defense attorney understand your case. Give him as little information as possible while still telling the truth.
3. Think before you answer
2. You cannot win your case at a deposition. Do not help the defense attorney understand your case. Give him as little information as possible while still telling the truth.
3. Think before you answer
and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
Take your time. Make sure you understand the question. Do not tell the attorney asking the question what you think he wants to know. Just answer the question he asks you.
4. Keep your answers short. When you give lengthy answers, you’
4. Keep your answers short. When you give lengthy answers, you’
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
e revealing more information--and giving the defendant’s attorney ideas for more questions.
5. Never guess. You might be wrong. If you do not know the answer, say you do not know. If you do not understand the question, say so. You may s
5. Never guess. You might be wrong. If you do not know the answer, say you do not know. If you do not understand the question, say so. You may s
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
y, “What do you mean by that?”
6. Do not volunteer any information. If there is a silence, do not fill it with talk.
7. Do not get angry. Becoming angry sometimes will make you reveal too much information, and will send the message that
6. Do not volunteer any information. If there is a silence, do not fill it with talk.
7. Do not get angry. Becoming angry sometimes will make you reveal too much information, and will send the message that
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
ou are ill-prepared to be a witness and cannot control yourself. The attorneys for the other side will try to take advantage of that weakness in trial.
Also, do not make jokes. Your deposition is a serious matter.
8. Make eye contact. L
Also, do not make jokes. Your deposition is a serious matter.
8. Make eye contact. L
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
ok at the attorney asking you questions. Stay calm.
9. Stop talking when your attorney objects. There are two types of objections. Neither can be made if you are talking. When your attorney says, “I object,” stop talking. Your attorney
9. Stop talking when your attorney objects. There are two types of objections. Neither can be made if you are talking. When your attorney says, “I object,” stop talking. Your attorney
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
may merely be making an objection to mark a place in the transcript where an improper question and answer can be deleted by the court. If that happens during the deposition, after your attorney made the objection he may permit you to answer
t?
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
the question.
On the other hand, some questions are completely improper and should never get an answer. In such a situation, your attorney will tell you not to answer the question. Follow the instructions. The other side must then obtain
On the other hand, some questions are completely improper and should never get an answer. In such a situation, your attorney will tell you not to answer the question. Follow the instructions. The other side must then obtain
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
a court order to get an answer.
10. Do not disclose anything your attorney has told you. It is proper for your attorney or his paralegal to prepare you to give your deposition, but everything they tell you is privileged. These instructio
10. Do not disclose anything your attorney has told you. It is proper for your attorney or his paralegal to prepare you to give your deposition, but everything they tell you is privileged. These instructio
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
s are privileged; what other attorneys, paralegals, and consultants in the office have said verbally or in writing is subject to the attorney-client privilege, and the other side should not inquire about it. Never volunteer such information
.
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
If a question calling for such information is asked, your attorney will object and instruct you not to answer the question.
If you follow these ten rules, your deposition will go well and not be excessively long. If you have questions, a
If you follow these ten rules, your deposition will go well and not be excessively long. If you have questions, a
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
k them at the conference prior to your deposition. Be sure you understand what is expected of you. Your attorney and his staff are there to help you, and they would like to make a necessary legal procedure as manageable for you as possible
tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products
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