Warning Signs, Caremark Duties and Product Liability
John Tate of Stites & Harbison wrote a short but cogent article on recognizing and managing repetitive or "serial litigation" arising from products. It’s online here via LinkedIn. His article includes a fine list of events that can signal the future arrival of serial claims, and so could be especially useful for directors thinking about Caremark duties to manage risks. One item on the list is dear to my line of thinking, but oft ignored:
Watch for "case reports or survey articles in medical, technical or scientific literature…."