RESEARCH FINDINGS PRODUCT LIABILITY SCORECARD > PHARMA & MEDICAL DEVICES

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1 RESEARCH FINDINGS PRODUCT LIABILITY SCORECARD > PHARMA & MEDICAL DEVICES

2 EXECUTIVE SUMMARY Pharmaceutical and Medical Device Companies find themselves in the crosshairs for major matter bet-the-farm litigation. Recent research tends to suggest that such large-scale litigation is going to increase. In this research, DOAR offers critical insights into the mindset of potential jurors the ultimate triers of fact. Who We Are Key Service Offerings Our Credentials Scorecard: Product Safety Scorecard: Process Safety Scorecard: Corporate Behavior Scorecard: Litigation In order to best advise our clients as they respond to this shifting landscape, DOAR conducted empirical research designed to identify the key factors that contribute to jurors perceptions of product liability and defending companies, and how juror attitudes can be altered. What may be surprising is the vigor and specificity in feedback offered by individuals as customers and as prospective jurors. We welcome the opportunity to consult with you on our findings in greater depth.

3 WHO WE ARE Over 25 Years in Business Offices in New York And Los Angeles Fully Integrated Approach to Trial Consulting Trial Graphics and Presentation Informed by Jury Consulting Constantly Innovating and Incorporating Technology

4 WHO WE ARE Focus Groups, Mock Trials and Surveys Jury Selection and Trial Monitoring/Shadow Juries Witness Preparation and Testing Analytical Graphics Consulting and Design Trial Presentation Consulting

5 OUR CREDENTIALS

6 SCORECARD: PRODUCT SAFETY Pharmaceutical Companies Medical Device Manufacturers About Right NO 70% 4 YES 30% Too Strict 11% Not Strict Enough 42% 42% 43% 20% 30% Any Product That Meets Government Standards Is A Safe Product What Do You Think About Government Regulations On Manufacturers? Only Care About Profits And Safety Comes Second % 38% 34% 42% 15% 12% 11% 13% If It Is Possible That A Product May Be Harmful, Even Only To A Handful Of People, It Should Be Taken Off The Market. 6% Would knowingly sell a harmful or dangerous product Strongly Agree Somewhat Agree Somewhat Disagree Strongly Disagree DOAR is the world s leading adviser on assessing litigation risk and developing effective settlement, communications and litigation strategies. We are hired for our unique experience and expertise in high value, complex matters by the world s largest companies and most prominent law firms. In high-risk litigation, the Best trust DOAR. Risk Assessment Litigation Strategy Consulting Jury Consulting Trial Graphics & Presentation Expert Witness Consulting

7 SCORECARD: PROCESS SAFETY 1% 8% 6% 9% 23% 14% 28% 46% 39% 32% 29% 42% 39% 28% Threshold For Considering A Product Defective (# Of Users With Similar Problems) Less than 1% - 35% 1% - 5% 36% - 50% 6% - 20% Over 50% 59% How Often Do You Make It A Point Of Reading Warnings On A Product? Always Frequently Sometimes 54% Rarely Never If A Product Is Recalled, It Must Be Defective 36% 2% If A Product Is Taken Off The Market It Must Be Unsafe 55% 5% 24% 19% 2 13% 25% 4% Manufactures Often Misrepresent Product Labels and Marketing Materials 15% 5% Large Companies Adequately Warn The Public About Hazards In Their Products Manufacturers Should Be Responsible For People Who Are Injured Using Their Products 14% 3% Large Companies Test Their Products Adequately Before Selling Them To The Public Strongly Agree Somewhat Agree Somewhat Disagree Strongly Disagree DOAR is the world s leading adviser on assessing litigation risk and developing effective settlement, communications and litigation strategies. We are hired for our unique experience and expertise in high value, complex matters by the world s largest companies and most prominent law firms. In high-risk litigation, the Best trust DOAR. Risk Assessment Litigation Strategy Consulting Jury Consulting Trial Graphics & Presentation Expert Witness Consulting

8 SCORECARD: CORPORATE BEHAVIOR Pharmaceutical Companies General Impressions Medical Device Manufacturers General Impressions 4 Pharmaceutical Companies Medical Device Manufacturers 51% 62% 3 36% 35% 35% 41% Positive 23% Neutral 31% Negative 13% 3% Executives From Large Companies In General Will Lie To Increase Their Profits 8% 15% Outraged At The Conduct Of 10% 39% 32% I Am Outraged At The Conduct Of Large Companies In General 15% 40% 36% 10% Large Companies In General Would Knowingly Sell A Harmful Or Dangerous Product 19% 52% 25% 4% Large Companies In General Would Knowingly Withhold Information About Defects And Possible Dangers Of Their Product 29% 45% 5% Large Companies In General Only Care About Profits And Safety Comes Second 12% 38% 38% 12% 12% Would Not Risk Its Reputation By Doing Something Deceptive 44% 3 Strongly Agree Somewhat Agree Somewhat Disagree Strongly Disagree DOAR is the world s leading adviser on assessing litigation risk and developing effective settlement, communications and litigation strategies. We are hired for our unique experience and expertise in high value, complex matters by the world s largest companies and most prominent law firms. In high-risk litigation, the Best trust DOAR. Risk Assessment Litigation Strategy Consulting Jury Consulting Trial Graphics & Presentation Expert Witness Consulting

9 SCORECARD: LITIGATION 61% Very Likely 59% 46% 29% 14% 11% Do You Agree Or Disagree With The Idea Of Placing Limits On The Amount Of Money Juries Can Award? 11% 2% Do You Agree Or Disagree With The Idea Of Awarding Punitive Damages? Somewhat Likely 10% 29% 2% Somewhat Unlikely Very Unlikely How Likely Would You Be To Award Punitive Damages To Punish The Company? 51% 41% 36% 36% 6% 1 I Usually Think The Corporation Deserves Blame And The Individual Deserves Compensation 13% 31% If I Were On A Jury, It Would Be Difficult For Me To Deliver A Jury Verdict That Meant An Injured Party Would Receive No Money 15% 12% 16% Making Corporations Pay Big Jury Awards Is The Best Way To Make Them Follow The Law Strongly Agree Somewhat Agree Somewhat Disagree Strongly Disagree DOAR is the world s leading adviser on assessing litigation risk and developing effective settlement, communications and litigation strategies. We are hired for our unique experience and expertise in high value, complex matters by the world s largest companies and most prominent law firms. In high-risk litigation, the Best trust DOAR. Risk Assessment Litigation Strategy Consulting Jury Consulting Trial Graphics & Presentation Expert Witness Consulting

10 CONTACT David Kinnear Director of Corporate Strategy 1370 Broadway, 15 th Floor New York, NY