Attorneys Jim Frederick, Eric Friedman, Emilee Schipske, and Nikolas Spilson co-authored a chapter published on Apr. 16 for the International Comparative Legal Guide’s “Drug and Medical Device Litigation 2026” book that discusses how expert witness testimony is admitted in United States drug and medical device litigation.
The topic is important because complex medical product lawsuits often depend on expert testimony to resolve key issues. The authors say that understanding the selection of experts, privilege matters, and regulation of artificial intelligence use by experts is essential for those involved in these cases.
According to Frederick, Friedman, Schipske, and Spilson, “Expert witnesses serve a unique and critical role in American drug and device litigation. Many aspects of the claims and defenses in such litigation must be supported by expert testimony, making expert selection, disclosure, discovery and admissibility an indispensable part of the process. However, the adversarial nature of the American system informs each of these key steps. Whether pursuing or defending claims, parties must bear in mind the potentially dispositive implications of expert witness practice at each stage of the litigation.”
The chapter describes practical considerations such as how attorneys select appropriate experts for their cases as well as procedural rules governing what information can be kept confidential between attorneys and their chosen experts. It also addresses new challenges posed by experts who rely on artificial intelligence tools when forming their opinions.
By outlining these procedures and challenges related to expert witnesses in U.S. courts handling drug or medical device disputes, Frederick and his co-authors aim to provide guidance for practitioners navigating this complex area.
