CRISIS MANAGEMENT
♦ Class I recalls (those involving death or serious adverse health
consequences)
• Publicity coordination
FDA
Media
• Logistics
Depth of recalls
Ensuring the word gets out
• Products Liability considerations
♦ Permanently withdrawing products from sale for safety or
effectiveness reasons
“Systems” Crises
♦ Internal Investigations
• Conducting
• Documenting
• Liaison with FDA and other governmental agencies
♦ Corrective Action Programs
• meeting FDA requirements
• relationship to sentencing guidelines
• Corporate Codes of Conduct -- developing and implementation
• coordinating with key outside parties
• maximizing corporate protections
Collateral Challenges Generated by an FDA Crisis
♦ SEC disclosure requirements and the investment community
♦ Impact on pending FDA approvals
♦ Shareholder concerns
• Securities litigations
• Derivative actions
♦ Qui Tam litigation
♦ Competitor civil suits (e.g., under RICO, Lanham Act)
♦ Management disruption
♦ Government contracting eligibility -- suspension or debarment
♦ Addressing possible voidable contracts (e.g., bank loans; mortgages)
♦ State licensing proceedings
•manufacturing
•formularies
♦ Contract Breach Lawsuits
• Key customers
• Major suppliers
To see presentations and articles on Crisis Management in the FDA
arena, just click here ...
FDA Legal Services -- for the life of a Life Sciences company
Product/Issue Specific FDA Legal Services
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Links to Our Other Services
Life Cycle FDA Legal Services
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© 2012 Michael A. Swit. ALL RIGHTS RESERVED.
Questions?
Contact us @ 760-815-4762 or mswit@fdacounsel.com
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