We’re warning you, if you’re not a lawyer, then you’ll find this post very boring. It’s mostly a citator – a compilation of relevant precedents on a particular topic, the learned intermediary rule. Lawyers, who have to deal in legal precedent on a daily basis, eat this kind of thing up (it saves looking the
Back in the sixties, those days of the Cold War, flower power, and the creation of strict liability, the Cuban revolutionary Che Guevara was credited with the phrase “create two, three, many Vietnams.” Che was not, as far as we know, a plaintiffs’ lawyer. In Florida, however, Che’s philosophy seems alive and well in the
The June numbers are in.
Justia Blawg Search reports that your humble Drug and Device Law Blog is now the most widely read product liability blog on the internet, and among the top 100 legal blogs in all categories. (Maybe we shouldn’t be so humble anymore.)
We’re gratified — not to mention pretty darned surprised
OK class, for today’s lesson, assume you are a major, sophisticated drug company. That means you have to have at least one (actually, a bunch) FDA-approved drug that’s safe and effective for its indicated use. So assume that, too – let’s say your drug alleviates muscular inflammation from over-exercise.
There being at least some reality
Under the Vioxx rule, stated previously here here, the blame – or credit – for this post goes entirely to Bexis, as Herrmann this time takes a pass due to client representation.
We’ve learned that Judge Garruto, who’s apparently clearing his docket before a bellwether HRT (hormone replacement therapy) trial and his September 1
This guest post was written by Edward J. Sebold and Ashlie E. Case. Mr. Sebold is a partner and Ms. Case is an associate, both resident in the Cleveland office of Jones Day. This post is entirely their work. It of course represents only their views and not the views of their clients
The United States Supreme Court today granted certiorari in Riegel v. Medtronic.
We’ll know next Term (certainly before the end of June 2008, and probably long before then) whether the Federal Food, Drug, and Cosmetic Act preempts state law claims involving medical devices that came on the market through the premarket approval process.
As
On this issue, Beck can’t speak. (Stop cheering, “Thank God for small favors.”) His firm, Dechert, is in the thick of the Vioxx litigation.
So this post is pure, unadulterated Herrmann. (Stop shouting, “We’d rather have Beck.”)
We’re thinking today about Judge Higbee’s recent decision awarding plaintiffs $3.7 million in attorneys’ fees (and costs) for
We’re pleased to report that the ATLA anti-preemption language was stripped out of the FDARA legislation before that legislation was voted on favorably by the House Energy and Commerce Health Subcommittee. Our post and the vote apparently occurred on the same day.
That’s good news, but it doesn’t mean it’s over. We’ll keep watching.