PHARMACEUTICAL LIABILITY & MASS TORTS

When a pharmaceutical product causes widespread harm, the scientific burden of proof is immense. Dr. Gustin provides high-level toxicological analysis for Multi-District Litigation (MDL) and individual product liability suits, evaluating claims of manufacturing defects, dangerous side effects, and failure to warn.

MANUFACTURING & DESIGN DEFECTS

Not all drug injuries stem from the drug's intended design. Some arise from chemical instability or contamination during the manufacturing process. Dr. Gustin investigates product integrity issues—such as the degradation of Benzoyl Peroxide into carcinogenic Benzene—providing the chemical analysis needed to prove a product was 'unreasonably dangerous' upon leaving the factory.

He assesses batch records and stability testing data to pinpoint where the safety breach occurred

FAILURE TO WARN & LABELING

Did the manufacturer adequately disclose the risks? Dr. Gustin evaluates the drug’s package insert and marketing materials against the known scientific literature at the time of distribution.

He helps legal teams navigate the 'Learned Intermediary' doctrine by determining if the warning was sufficiently clear to alert the prescribing physician to risks like complex sleep behaviors (Ambien) or synergistic overdose potential, often revealing critical gaps in the safety communication.

GENERAL VS. SPECIFIC CAUSATION

In mass torts, you must prove both that the drug can cause the injury (General Causation) and that it did cause the plaintiff's injury (Specific Causation). Dr. Gustin bridges this gap.

He synthesizes epidemiological data to support General Causation arguments while simultaneously conducting differential diagnoses on individual plaintiffs to confirm Specific Causation, ensuring that the scientific argument holds up at both the macro and micro levels.

Secure A Consultation

If you have a case involving overdose, chemical exposure, or malpractice, contact Dr. Gustin for a preliminary discussion.

Napa, CA Office:

510-719-8300

Miami, FL Office:

305-590-5900