Insights / Pharma & Life Sciences

Product Liability and Drug Safety: Instructing a Pharma Expert Witness

Few sectors are as technical or as regulated. In a pharma dispute, the evidence has to withstand scrutiny from people who know the science.

2026-06-02 · 7 min read

Why pharma disputes are uniquely demanding

Pharmaceutical and life-sciences litigation combines complex science with dense regulation and high stakes. A claim can turn on the design of a clinical trial, the adequacy of a drug's safety monitoring, a manufacturing deviation, or the way a product was approved and labelled. In each, the evidence is technical and the audience, eventually, includes experts on the other side. A report that overstates or misreads the science will not survive.

Clinical trials and drug safety

Clinical trial disputes ask whether a study was properly designed, conducted and reported, judged against ICH Good Clinical Practice. Pharmacovigilance and drug-safety matters ask a sharper question: what was known about a risk, when, and whether the safety signal was acted on and reflected in the labelling. These cases reward an expert who can reconstruct the safety record and explain causation honestly.

Manufacturing, quality and regulation

GMP manufacturing disputes turn on Good Manufacturing Practice and the integrity of quality systems: deviations, batch release, contamination and recall. Regulatory questions require fluency in the frameworks of the MHRA, the European Medicines Agency and the US FDA, since approval, variation and promotion are all governed by them.

Patents and instructing the right expert

Where the dispute is about innovation rather than safety, pharmaceutical patents and freedom-to-operate require an expert who can provide the technical foundation for infringement and validity. Across all of these, the expert owes an overriding duty to the court under CPR Part 35. Our guide on how to instruct an expert witness explains the process.

FAQ

Common questions

Do your experts cover clinical trials and pharmacovigilance?

Yes. We work with experts whose backgrounds span clinical trial design and conduct, drug safety and pharmacovigilance, and regulatory affairs across the major frameworks.

What standards apply to a clinical trial dispute?

Trials are judged against Good Clinical Practice, including the ICH GCP guideline, as well as the study protocol and the applicable regulatory requirements. An expert assesses design, conduct, data integrity and reporting against those standards.

Can you provide regulatory experts for MHRA, EMA and FDA matters?

Yes. We work with regulatory-affairs experts who understand marketing authorisation, labelling, promotion and post-approval obligations across the MHRA, EMA and FDA frameworks.

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