LS&HC Horizons 2022 - Flipbook - Page 30
Hogan Lovells | 2022 Life Sciences and Health Care Horizons
30
Covid-19 and Pandemic Preparedness
Crisis preparedness – How to successfully steer your company through product liability litigation by
effectively coordinating ahead, mitigating risks and communicating to protect your reputation
The life sciences industry is a complex litigation environment for
businesses and their products.
In the face of product issues, consumer groups, plaintiffs’ bar and
regulators may aim at taking over the steering wheel. To limit fallout
of technology failure, businesses want to remain in the driver’s seat –
before a crisis, while navigating through it, and when successfully
leaving it behind.
The earlier that businesses seek product liability advice, the better
prepared they will be.
Engage cautiously and consistently
The spread of (mis-)information on the product can be challenging.
It significantly impacts litigation risks.
Keeping engaged in on-going conversations on the product is vital.
Facing product issues, regulators, (social) media and consumers should
not be left alone. They need to be consistently informed and educated.
Avoiding communication may erode reputation and trust. To the public
eye, businesses should own the narrative of their products. They should
be perceived as collaborative and as a reliable source of information.
Make your business “product liability-proof”
Despite widespread awareness of product liability threats, many
businesses do not invest enough in mitigating them. Preparation
often remains fragmentary and product liability counsel is regularly
involved too late.
Key elements of becoming “crisis-ready” include:
• B
uilding and training the right teams (collaboration of
management, technology, communications, legal and internal/
external key stakeholders)
• K
eeping updated crisis-management playbooks with guidance
for product issues, ensuring an effective, consistent and global
approach
• P
reparing real-time product “bibles”, identifying and addressing
critical issues and potential risks
• M
onitoring media, plaintiffs’ bar and consumer groups
• M
aintaining good relationships with regulators
• R
eviewing company communication culture and messaging
Benjamin Schulte
Counsel, Munich
