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Recent Decisions on Plaintiffs' Attorneys' Ex Parte Contacts with Treating Physicians
by Anand Agneshwar
Arnold & Porter LLP - New York Office
M. Sean Laane
Arnold & Porter LLP - Washington Office
Steven G. Reade
Arnold & Porter LLP - Washington Office
Amy L. Rohe
Arnold & Porter LLP - Washington Office
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February 9, 2010
Previously published on January 2010
In most jurisdictions, plaintiffs’ counsel have virtually unfettered ex parte access to their client’s treating physicians, while defense counsel typically have little (and in some jurisdictions no) opportunity to meet or communicate with treating physicians outside of formal discovery. Defendants have pointed out that this asymmetry does more than impede defense counsel’s ability to investigate the facts, it also enables plaintiffs’ counsel to gain “an unfair advantage by ... lobbying their theories of liability and causation upon treating physicians during ex parte contact.” The decision in In re Ortho Evra Products Liability Litigation, No. 1:06-40000 (N.D. Ohio, Jan. 20, 2010) , is the latest in a line of recent cases that have begun to level the playing field by limiting the scope of plaintiffs’ counsels’ ex parte contacts with treaters. www.arnoldporter.com
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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